CCj without default notice

[Greenweb]

Hi,

I took out loan from NatWest in 2007 and I could not make payments from 2008 onwards. I agreed payment plan for all my debts in 2009 and started making reduced payments. I missed few payments in 2012 and NatWest filed for CCJ.

Debt was approximately £10k. I moved house around that time so I only came to know about CCj when I was refused tenancy agreement due to CCj.

I have checked my credit history and I was shocked to see that NatWest loan is showing on my credit history without any default. It shows as I just missed last 6payments.

I have contacted NatWest by telephone and they said they have not issued any default notice. Now I am confused as how can they go for CCJ without issuing default notice as that was the requirement at that time.

NatWest have refused to update records until I pay the outstanding amount which is around £7k. So even if I pay it then they can still issue default so that means it will stay for another 6 years.

I need help as how to get NatWest to remove the overdue loan entry from my file as if they had issued default in 2009 then it should have come off by now.

My CCj is due to removed in may 2018. Is there anything I can do to challenge CCj as they did not follow the right procedure or is it too late now?

Any help will be much appreciated.

Many thanks

[Diana M]

Re: CCj without default notice

I missed few payments in 2012 and NatWest filed for CCJ.

Debt was approximately £10k. I moved house around that time so I only came to know about CCj when I was refused tenancy agreement due to CCj.

. . . . . Is there anything I can do to challenge CCj as they did not follow the right procedure or is it too late now?

When (how long ago) did you find about the CCJ?

An application for a set aside needs to be done promptly.

Also have NatWest taken any steps to enforce the CCJ since 2012? You've said there around £7k outstanding.

Di

[Greenweb]

Re: CCj without default notice

When (how long ago) did you find about the CCJ?

An application for a set aside needs to be done promptly.

Also have NatWest taken any steps to enforce the CCJ since 2012? You've said there around £7k outstanding.

Di

I came to know about it late 2013. Is it now too late?

I am still making small payments to them every month. They did not take any enforcement actions.

I am mainly concerned about loan entry on my credit report as that is causing main damage and the way NatWest is playing it can stay on my file for another 6years.

Thanks

[Debt Camel]

Re: CCj without default notice

I have contacted NatWest by telephone and they said they have not issued any default notice. Now I am confused as how can they go for CCJ without issuing default notice as that was the requirement at that time.

If you were talking to customer services this often doesn't work well for credit ratings. I suggest moving to correspondence by email or letter.

There is no need to issue a default notice before a default is added to your credit record, default notices are only legally necessary for court action.

NatWest have refused to update records until I pay the outstanding amount which is around £7k. So even if I pay it then they can still issue default so that means it will stay for another 6 years.

They can't refuse to correct your credit record, it isn't accurate and it should be. Write to them and ask for a default date to be added which is the same date as the CCJ. See https://debtcamel.co.uk/debt-default-date/ for what to write.

If they refuse (which is unlikely, I would expect your letter to work), take your complaint to the ICO.

I need help as how to get NatWest to remove the overdue loan entry from my file as if they had issued default in 2009 then it should have come off by now.

It's probably not worth fighting about this bit. With an unsatisfied CCJ on your credit record it is going to remain dire. Just get a default date added which is the same the date as the CCJ and they will both drop off at the same time.

My CCj is due to removed in may 2018. Is there anything I can do to challenge CCj as they did not follow the right procedure or is it too late now?

Unlikely, you have been making payments so you can't say you were unaware of the CCJ. And even if you could get the CCJ set aside because of a procedural problem, NatWest would then issue a Default Notice and apply for a CCJ, wrecking your credit record for the next 6 years!

I am still making small payments to them every month. They did not take any enforcement actions.

CCJs never become statute barred even when they have disappeared from your credit record. If you stop making these payments the creditor will be able to start enforcement action.

What has happened to your other debts, have they been repaid or are you still making payments to those?

[Greenweb]

Re: CCj without default notice

Thanks Debt Camel, much appreciated. I will send them letter asking to add default date.

I am making regular payments to my all creditors through Payplan. I think it will go on for another few years as there is still alot to be paid back.

All other defaults on my credit file have dropped off due to 6years period elapsed. If I now agree reduced payment for full and final settlement then will that add these defaults back to my file?

[Debt Camel]

Re: CCj without default notice

All other defaults on my credit file have dropped off due to 6years period elapsed. If I now agree reduced payment for full and final settlement then will that add these defaults back to my file?

No, see https://debtcamel.co.uk/ff-credit-record/ for details.