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defaults,ccjs and now need a loan

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  • defaults,ccjs and now need a loan

    My position is after seperating from my husband last september we handed back our mortgaged house to northern rock, this was in negative equaity of £29.000 however thwe default was satisfied by the company. We had several joint things eg a loan i put my name to as he couldnt get it by himself. He had used my store card for clothes and we borrowed money from my dad to pay off some things. However now I am left with all the debts and he is taking no responsibilty and seems they all send everything to me and nothing to him. I have now been left with a ccj that i know nothing about and the comany choen are demanding a 125.00 a month from me for a 765.00 debt. apprently this went to court and this is the amount that was decided. i did not know it was going to court or that a cjj had been put on me. Can they do this??

    ALso i have asked cohen for all paerowrk,correspondance etc that would have been sent to me then to confirm all of this and they say that i need to contact the court.

    I am looking at a loan to get rid of all of this but now with the default and the ccj on me I have finidng this very difficult. I would not have a problem in apying back the loan as it would be cheaper than the separate payments however i just cant seem to get one.

    i am a single mum with no maintnance payments now from the dad and have been left with all the stress and letters piling thorugh my door.

  • #2
    Re: defaults,ccjs and now need a loan

    Hello sappy,
    Welcome to Beagles, I am sure that a loan is not the answer to what is going on here, even if you get one it would only be with a very high interest rate and to be honest may in the long run make you a lot worse off.
    We are going to need some more information from you and I am sure something can be done to help your situation. Someone will be along soon who can answer your questions.
    Enaid x

    Comment


    • #3
      Re: defaults,ccjs and now need a loan

      Originally posted by sappy View Post
      My position is after seperating from my husband last september we handed back our mortgaged house to northern rock, this was in negative equaity of £29.000 however thwe default was satisfied by the company.

      when you say this do you mean they wrote off the shortfall? and do you have this in writing so it doesn't come back to bite you further down the line?




      We had several joint things eg a loan i put my name to as he couldnt get it by himself. He had used my store card for clothes and we borrowed money from my dad to pay off some things. However now I am left with all the debts and he is taking no responsibilty and seems they all send everything to me and nothing to him.

      If the loans are in joint names you are jointly and severably liable, they will chase the party they think will pay tho. If there are joint finances need sorting out then really you need to see a solicitor about getting your ex to take on his share.

      I have now been left with a ccj that i know nothing about and the comany choen are demanding a 125.00 a month from me for a 765.00 debt. apprently this went to court and this is the amount that was decided. i did not know it was going to court or that a cjj had been put on me. Can they do this??ALso i have asked cohen for all paerowrk,correspondance etc that would have been sent to me then to confirm all of this and they say that i need to contact the court.

      They can, but you can ask for it to be redetermined on account of not having had the paperwork and thus not being aware or having chance to defend case. You need to ask court for copies if you can give us more details, dates/amounts/original creditors etc then that would be useful. It would also be useful if you can cmplete an income Expenditure sheet and detail all the debts so we can see your overall position. If you look at the guides section of the site you will find our IE sheet you can use. You can either post it up or email it to me Amethyst@legalbeagles.info.




      I am looking at a loan to get rid of all of this but now with the default and the ccj on me I have finidng this very difficult. I would not have a problem in apying back the loan as it would be cheaper than the separate payments however i just cant seem to get one.


      Don't get a loan. There are other things you can do to manage this debt. A loan will just sink you in deeper and its a great big fat circle that becomes impossible to get out of.


      i am a single mum with no maintnance payments now from the dad and have been left with all the stress and letters piling thorugh my door.
      How many kids do you have? Are you claiming all the benefits you are entitled to?

      Do you own your own home or rent ?

      Apologise if this seems nosey, just to be able to advise more we need to know as much as possible.

      Welcome to the site and well done for not shoving your head in the sand
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: defaults,ccjs and now need a loan

        Hi Sappy

        I'm sorry that you are having a bit of trouble.
        Firstly let me say that in my opinion it can be a wrong move getting a loan to consolidate your debts, a lot of people have done that and have got further into trouble.

        Firstly you should fill out the income and expenditure form Legal Beagles and you can then see how much you can afford for each debt.

        Next write to the court and explain that you have had no communication about the debt, enclose a copy of the Income and Expenditure form and ask for them to Redetermine the amount to be paid back monthly.

        After that look in the Library at the top of the forum and use the letters in there to write to all your creditors, enclosing the I/E form and make them all offers to pay.

        Then have a well deserved rest and cuppa.

        Hopefully you will get favourable replies and be able to get on with life.

        As far as your ex goes, the debts that are in your name you are liable for and it will be up to you to chase him to payments on those, I know that, have been there and got the T-Shirt myself.
        Have you been to the CSA to get them to chase him for maintenance ?

        Anyways hope that helps, feel free to shout if you need anything else or fancy a rant, we are all here to help.

        Comment


        • #5
          Re: defaults,ccjs and now need a loan

          thanks for the replies - my main reasonfor a loan was to pay off my dad whos credit card was used to pay for things for me and the ex at the time for eg just bfore we split up the mortgage payment.At present i pay him 200.00 a month for this and at the rate it is going i will be paying this back fro years and he is keen to free up his card. i have no other way of doing that but a loan.

          i have contacted the csa and they are looking into the case.

          i have spoken to my solicitor and they have advised they can only ask for a contribution from the ex and he doesnt have to pay.if it is a joint loan i find it really bad that they only come after one and the other gets off with it.

          As for the shortfall i have never recieved anything from the mortgage company but have seen it on my credit check as satisfied . idea to contact northern rock and get them to confirm it to me in writing.

          i have only dates for ccj of around november the solicitors that are chAasing me now for this mony are a company called helen cohen i think it is and i have reuested a copy of all documentation from them - hey advise i need to pay 10.00 for this and that i also need tomake the payment of 250.00 to them now out of the 750 or whateva is close to that that is outstanding,i cannot afford to pay this in one.

          i am a private tenant and i have 1 child of 2. i work full time and so get limited benefits for the child due to my wages apparently.

          Comment


          • #6
            Re: defaults,ccjs and now need a loan

            Originally posted by sappy View Post
            i have only dates for ccj of around november the solicitors that are chAasing me now for this mony are a company called helen cohen i think it is and i have reuested a copy of all documentation from them - hey advise i need to pay 10.00 for this and that i also need tomake the payment of 250.00 to them now out of the 750 or whateva is close to that that is outstanding,i cannot afford to pay this in one.
            This information needs to be done formally and you do this by sending them a Subject Access Request. This is what the £10 is for and it only becomes valid on receipt of payment.

            However that said Howard Cohen(?) are DCAs and it would probably benefit you more to send them a CCA letter which you can find here at post #4 Consumer Credit Agreements - A Guide - Legal Beagles the fee for this is the statutory maximum of £1.

            Have a read of that whole thread and you'll get a better understanding of the CCA.

            Comment


            • #7
              Re: defaults,ccjs and now need a loan

              thanks - yes sorry it is howard cohen.

              its all very confusing to know what is best to do. i alays had such a good credit score until the split and then everything went downhill. hopefully it can stated to sort out now

              thanks again

              Comment


              • #8
                Re: defaults,ccjs and now need a loan

                Originally posted by sappy View Post
                its all very confusing to know what is best to do. i alays had such a good credit score until the split and then everything went downhill. hopefully it can stated to sort out now

                thanks again
                I know it is.

                Take your time and have a good read especially of that thread I gave you and then when you have a better understanding it won't seem so scary.

                Having a bad credit score is not so bad, there are worse things that could happen to you.

                xx

                Comment


                • #9
                  Re: defaults,ccjs and now need a loan

                  ok so far i have done the cca letter for the howard and cohen, the i/e forms and also need to write to northern rock for them to confim the outstanding amount has been satisfied as per my credit report. now will you be able to help me with the following. we had a joint account that neither of us have used since march this year.there was an overdraft of 250.00 on their that was used. but now they have sent a statement saying 500.00 is owed on this account now including that overdraft.the rest of the money is made up by charges from them but like i say the account hasnt been used. it was left open as they would not close the account without us both being there to sign. is there anything i can do with regards to these charges
                  ------------------------------- merged -------------------------------
                  sapphire - how long did it take for you to start to get back on top of all of this??
                  Last edited by sappy; 24th January 2009, 09:00:AM. Reason: Automerged Doublepost

                  Comment


                  • #10
                    Re: defaults,ccjs and now need a loan

                    [quote=sappy;99723]ok so far i have done the cca letter for the howard and cohen, the i/e forms and also need to write to northern rock for them to confim the outstanding amount has been satisfied as per my credit report. Well done so far, don't forget to come up fo air will you lol.
                    now will you be able to help me with the following. we had a joint account that neither of us have used since march this year.there was an overdraft of 250.00 on their that was used. but now they have sent a statement saying 500.00 is owed on this account now including that overdraft.the rest of the money is made up by charges from them but like i say the account hasnt been used. it was left open as they would not close the account without us both being there to sign. is there anything i can do with regards to these charges Do you have a list of all the charges or statements with them on?
                    If so then you can do a spread sheet and start a claim of for the charges.
                    If not then you are going to have to SAR and get them from the bank.

                    Enaid x

                    Comment


                    • #11
                      Re: defaults,ccjs and now need a loan

                      Originally posted by sappy View Post
                      it was left open as they would not close the account without us both being there to sign. is there anything i can do with regards to these charges
                      If this account was a joint account but either of you could sign cheques for instance, then it does not require two signatures.

                      I would suspect from the above that they will try this on again on receipt of your SAR.

                      Comment


                      • #12
                        Re: defaults,ccjs and now need a loan

                        Hi Sappy, I split from my ex at least 15 years ago, everything that was between us financially was settled a number of years later but that was long before there were sites like this to advise me.

                        Don't worry hun, you will get through this, and don't forget if you want a rant, you go ahead hun and rant away.

                        Comment


                        • #13
                          Re: defaults,ccjs and now need a loan

                          ihad a recent statement from them that is just basically charges on there from them.they refused to take either of us off without the other taking on the account. as me and the ex dont talk now that was impossible. sar????

                          Comment


                          • #14
                            Re: defaults,ccjs and now need a loan

                            Originally posted by sappy View Post
                            sar????
                            Subject Access Request, you can find the template here Legal Beagles

                            Comment


                            • #15
                              Re: defaults,ccjs and now need a loan

                              thanks alot for your help.

                              Comment

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