CCJ and ACI debt recovery for swift sterling

[confused55]

Received an initial CCJ form on 26/10 from Asset collections and Investigations ltd in relation to a loan from Swift Sterling last year in the amount of £1400 (original loan was around 600 odd). I responded with my financial information and an offer of monthly payments. They sent text messages asking me to contact them, however they never seem to answer the phone and after being on hold repeatedly with one song going round and round on repeat I gave up. They admitted in an email response that they're very busy and to "keep trying". I have now received a "judgment for claimant" form issued on 24/11 with 27/11 as the postmarked date, that says my offer was rejected and that I should pay almost 100 per month until the debt is clear. ACI themselves have not contacted me at all other than via text message and email, despite one recent email saying they'd been trying to contact me and another sent on the same day judgment was made offering a settlement (only 100 less) that I "must respond to" by 30/11....even though legally I have 30 days from judgment as far as I'm aware.

I am aware (perhaps too late) that many have had success getting rid of these companies by arguing they were missold their loans and I believe mine is a fairly straightforward case of unaffordability. At the time I took this loan I had been borrowing from multiple payday loans companies for a long time - at least a year. Most notably Wonga, where I would borrow, repay, and then immediately reborrow the same amount or fairly close to it. It should have been painfully obvious to any responsible lender that it was only a matter of time before I imploded. I also had already defaulted at that stage on debts with Clydesdale and MBNA and Barclaycard - all told totalling around 16K...and had been borrowing from numerous other payday companies as well.

Am I too late to make this argument? I am already going to challenge the judgment itself on the grounds of unaffordability on my normal earnings and also because I am now on the sick from work and my earnings have unexpectedly took a severe tumble. I will get the forms on Monday when the court in open. But if I can still argue the loan was mis-sold and the debt should be cancelled I would like to be able to do that as it may make the whole thing go away entirely. Other payday loans are still owed and I have a total of around 4K in Payday loans but the rest seem "happy" to continue sending texts and emails harrassing me, and have not sent any CCJ forms etc.

Any advice would be appreciated....

[Debt Camel]

Re: CCJ and ACI debt recovery for swift sterling

I responded with my financial information and an offer of monthly payments.

Did you respond by completing the N9A form which came with the Claim Form? How much did you offer?

It sounds as though this was your only loan from Swift Sterling?

Other payday loans are still owed and I have a total of around 4K in Payday loans but the rest seem "happy" to continue sending texts and emails harrassing me, and have not sent any CCJ forms etc.

If you don't want to get CCJ forms from these other companies, I suggest you put in affordability complaints to them all now, template letter here: https://debtcamel.co.uk/payday-loan-refunds/. Do not wait until you start getting letters about court.

if I can still argue the loan was mis-sold and the debt should be cancelled I would like to be able to do that as it may make the whole thing go away entirely.

That isn't how affordability complaints work. If you win a case you get a refund of the interest you paid - if you borrowed a lot from a lender (as it sounds as though you did from Wonga) then your refund is likely to be enough to write off a debt and possibly give you some cash as well. But if you had only borrowed once from a lender, the "best" you will get from an affordability complaint is the interest being removed from the outstanding balance - which is of course much better than nothing but it would still leave you owing £600 on this debt.

Also it is pretty hard to win a one loan case - not impossible but it's hard. Unless your application to SS was accurate (was it?) you may not win.

And the Ombudsman may refuse to consider your case because there is a CCJ in place and you should have challenged the debt at that point in court. I have seen a lot of these cases and so far I haven't seen a case where there is only one loan which has gone to a CCJ where the Ombudsman has awarded a refund.

So basically this isn't looking promising. You could be the first, but don't be misled by the fact a lot of people are wininng affordability complaints into thinking this one will be winnable.

I also had already defaulted at that stage on debts with Clydesdale and MBNA and Barclaycard - all told totalling around 16K...and had been borrowing from numerous other payday companies as well.

So 16k to these firms, 4k to other payday lenders and now 1400 to this CCJ - is that a rough picture of all your debts? Overdrafts? Catalogues? Any priority debts - rent arrears, council tax arrears, utility bills?

Are you buying or renting?

[confused55]

Re: CCJ and ACI debt recovery for swift sterling

Just realised it's Lending stream that ACI are acting for....the Swift Sterling one is still out there with no serious issues yet via a different DCA.....4K is probably about the total to all the payday lenders including this CCJ, I also have an overdraft (1500 but now 2K with charges) from Santander currently with Wescot (I moved banks as I was worried they'd pull the plug on the OD and just swallow my wages) and an Argos card (1200) that's defaulted and still with Argos at the moment - hasn't been sold off to anyone else. I'm renting and my rent is totally up to date, never missed my rent in 10 years, no arrears on my council tax, again never missed a DD payment and no backlog with my utility bills or phone. But I have very little left at the end of the month - got myself into an impossible mess with the credit cards and suchlike and it just spiralled. Was hoping to move into a cheaper flat (one bed instead of two) in a few months when my current tenancy runs out - and may not be renewed due to landlord looking to sell, and ironically this could now cause problems. I'd hope that as long as I look for a flat which is with my current estate agency that they should be fairly lax with the credit checks....as I said I've been with them paying my rent flawlessly for 10 years (paid directly to them) at higher amounts than a new flat would obviously be. So hopefully they'll just say "yeah, he's a great tenant"...

Offered them £5 a month, but put on the form that I was looking to move flats and therefore trying to get money together for that and that hopefully I'd have more once I moved....or the saved money if I was able to stay in my current flat.

[Debt Camel]

Re: CCJ and ACI debt recovery for swift sterling

As this is less than 14 days from the date of the CCJ you can ask for a redetermination of the amount you pay by writing a letter, no fee to pay, see https://www.nationaldebtline.org/EW/...ntsonaccj.aspx

Was this a recent loan from Swift Sterling? Their website changed hands in late 2015, if it was before that the lender is a firm from Malta and you have to go through a different complaint process, see https://debtcamel.co.uk/swift-sterli...s-till-payday/.

I do suggest you make complaints to ALL payday lenders you used BEFORE a DCA or the lender starts being difficult. If you wait until court action starts, it is much harder and very likely to be impossible if you have actually got a CCJ.

Your aims at the moment are to forestall more CCJs and to save up any refunds so that you have a large deposit to offer if you have to move. Whether or not your EA thinks you have been a great tenant, you may find it difficult to rent with a CCJ on your record.

Have you considered getting a lodger for the next few months?

[confused55]

Re: CCJ and ACI debt recovery for swift sterling

As this is less than 14 days from the date of the CCJ you can ask for a redetermination of the amount you pay by writing a letter, no fee to pay, see https://www.nationaldebtline.org/EW/...ntsonaccj.aspx

Was this a recent loan from Swift Sterling? Their website changed hands in late 2015, if it was before that the lender is a firm from Malta and you have to go through a different complaint process, see https://debtcamel.co.uk/swift-sterli...s-till-payday/.

I do suggest you make complaints to ALL payday lenders you used BEFORE a DCA or the lender starts being difficult. If you wait until court action starts, it is much harder and very likely to be impossible if you have actually got a CCJ.

Your aims at the moment are to forestall more CCJs and to save up any refunds so that you have a large deposit to offer if you have to move. Whether or not your EA thinks you have been a great tenant, you may find it difficult to rent with a CCJ on your record.

Have you considered getting a lodger for the next few months?

I don't see how subletting would help any matters....and my point was that they may not actually do any proper credit checks, they may just say to the new landlord that they've got a tenant moving from another flat who's been paying 100 a month more than the rent on his flat and paying flawlessly for 10 years. I can't actually remember them doing too much last time in the way of credit checks...the main issue was over my pay and the fact that my contracted hours were less than the hours on the rota, but that won't be an issue now with a cheaper flat. It depends on what the landlord insists on I think...a lot of flats in my area are going empty before being rented out and being discounted down as the market is not great. So I'm hopeful that if I say I like a flat that is close to being vacant or already vacant that the landlord will be happy with the agency's recommendation. I know that I'd certainly have issues if I wanted a flat from another agency where they would likely do full checks....but my current agency may be a bit more easy going.

As I said I just realised it's actually Lending Stream that they were acting for - not Swift Sterling. I do owe Swift money, and it was a 2016 loan as were all of the payday loans, but they haven't gone to CCJ yet.

[Debt Camel]

Re: CCJ and ACI debt recovery for swift sterling

Getting a lodger would give you money to either put aside for a larger deposit if needed or settle some of your debts. If you feel confidebt you can get a new tenancy with a CCJ on your credit record then that is your call.

I did see the lender in the CCJ case was LS - my reason for making the point about Swift Sterling is that claims against then before 2016 have to go a very different route, but that doesn't matter if you borrowed from them in 2016.

I have suggested you ask for redermination of your LS CCJ as you are currently within 14 days and start complaints against your other payday lenders.