Are welcome aloud to issue a CCJ if they have not Defaulted account

[FlamingParrot]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

You should get one of these every 6 months.

After the initial one when I stopped paying my cards, I haven't had one of them in years, not since 2010, and I haven't got a CCJ.

Considering i dont even know what that is id guess. No. Does that mean this should drop off after 6 years then

The CCJ will drop off the records, yes, although in theory at least you could still be pursued for it, but not without the creditor going back to the court.

[Mike1976]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

After the initial one when I stopped paying my cards, I haven't had one of them in years, not since 2010, and I haven't got a CCJ.The CCJ will drop off the records, yes, although in theory at least you could still be pursued for it, but not without the creditor going back to the court.

Thanks - I'm aware that the ccj will drop off. but even though there's a delinquent/default amount, as previously pointed out. There is no default date as welcome are leaving it at 6mths missed payments. and not giving it a default date as pointed out to me by Kaffka the cca says this should be defaulted within a certain period. 6 mths i was told.

Thanks Mike

[dogtired]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Had two "statements" from Welcome.
Supposed to be from March last year to March this year.
Two things stand out.
1) Address they are now using is Mackenzie Hall Collections but still at Nottingham.
2) Dates do not match still has 2012 to 2012!
Really just cannot understand how they can continue like this just on legal beagles reading through they seem to have decided to increase harrasment.
Glad I found this forum given me some knowledge and lots of help!

[FlamingParrot]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Thanks - I'm aware that the ccj will drop off. but even though there's a delinquent/default amount, as previously pointed out. There is no default date as welcome are leaving it at 6mths missed payments. and not giving it a default date as pointed out to me by Kaffka the cca says this should be defaulted within a certain period. 6 mths i was told.

Thanks Mike

This issue is not covered by the CCA but by the ICO Technical Guidance Notes which state the following:

11 Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.

This time framework only relates to filing defaults. It does not affect the lenders’ ability to continue to report accurately on the extent of arrears using monthly status codes. We recognise that may not always be appropriate for products which advance credit over either a very short or very long-term.

These are just guidelines and do not have the force of law.

[Mike1976]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

thanks again.

Mike.

[dogtired]

Re: Are welcome aloud to issue a CCJ if they have not Defaulted account

Gone through all my paper work again, just for the sake of seeing when and how address were changed.
Local Branch "statement" 2011
Then just "branch number" 2012 The last two from Welcomes Nottingham address.
"Mackenzie Hall Collect" on the latest "statement.
Found two other letters which I will attach please note dates.