Hi,

This is my first post on here so hopefully i am posting in the right place!

I obtained a copy of my credit file last week and noticed that a CCJ has been entered against me

from November 2013 from Welcome finance (HFO capital Ltd)

this debt relates to a very old debt dating back to approx 2004, which was a loan for £3,000.

Some of this i have repaid and the outstanding amount is said to be £1,890.15.

I was paying this off each month until i went on maternity leave and my financial circumstances changed.

I had several discussions with various people from HFO and their solicitors Turnball and Rutherford,

however after these discussions nothing came of anything and to be honest they were the last thing on my mind once i had a new baby in the house.

I had never recieved any letters from them and certainly nothing to do with court proceedings/CCJ's being issued etc.

I contacted the court and requested a copy of the judgement and claim form..

. the court has sent me the copy of the judgement

however they have written to tell me they do not have a copy of the claim form and that this may be with the claimants solicitors Turnbull and Rutherford.

The courts passed on their contact details to me and i have tried contacting them and HFO but the number is no longer in use

and according to the internet neither are no longer trading????

I am at a loss as to what i do as i have no way of even contacting the company about the so called CCJ they were meant to have sent me.

I feel totally sick as the reason i got a copy of my credit file is because i am looking to get a mortgage and something was flagged up..

... Everything now is such a mess and my future plans are looking very dismal!

The annoying thing with it all is i was always happy to pay it off and i don't feel like i have had a chance to sort the problem out

as i had no idea the CCJ had been placed on record.

Is there anything i can do?

Any advice would be greatly appreciated..

Question is

Was it statute barred when they started proceedings?

If you can gurantee it was

You could pay to have the judgement set aside on that ground

Hi,

Thanks for getting back to me....

I don't think so as i had been paying it off until my maternity leave which was in 2010.

Do you happen to have any idea what i do about contacting the company now that they are no longer trading?

From reports on the web which i have been reading all afternoon, they had their licence taken off them!

Where does that leave me?

contacting the company is a waste of time. only a court can remove a ccj and this has to be done via a set aside.

ok just be clear here

its not a CCJ from welcome finance

and I've amended your title to reflect this.

I would guess that the reason you knew nowt [as such] about the CCJ was that you had moved and

never told your creditors?

thus the fleecers at HFO new they were onto a good'en as they could get the CCJ but sending everything to your old address?

so that's the history

now what can you do.

well most of the portfolio from HFO ha been sold to link financial

the Second biggest spoofers in the DCA business after HFO.

lets see how this helps you and see where it leads

so 1st question you did move in that period?

dx

i'd pull donkeys tail

but it might help to read this thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?449284-HFO-CAPITAL-services-turnbull-CCJ&highlight=donkeyb

Turnbull Rutherford are still going, but not as Turnbull Rutherford. Owner and director Alasdair ‘Al’ Turnbull has now renamed the company Peckwater Advisory, in a desperate attempt to lose the reputational damage caused by being... well, useless. His LinkedIn profile claims he has been a director of Peckwater for under a year, but it actually is the same company. Bad luck Al, rumbled again. You still own and run a s**t company, and have done since 2006.

Problem is, I think any contact with this lot will just get the response ‘no longer acting’, though he’s still very much entangled with the old crew.

HFO Services still exists as a legal entity and would be required to communicate with you. But they almost certainly won’t own the account any longer, and you have not received a notice of assignment from Link, so what do you do? It’s a difficult position to be in. Either/both/or HFO and Link have failed in their duty to tell you the account has been sold.

However, much as I hate these scrotebags, the cause of this happening is your failure to stick to an agreed payment.

That said, you appear not to have received the claim form. As asked earlier, did you move home between 2010 and 2013? If not, then it’s likely the claim form was correctly served – the court sends it, not HFO, so there’s no room for naughtiness on that front.

What and when were your discussions with HFO and TR? Who did you talk to? Was this after the CCJ, or after you stopped paying and before the judgment?

We need a whole lot more on the history of this, from day one of the Welcome account, then we can look deeper and suggest a course of action. But come back to us quickly, as any set aside application has to be timely. As HFO hold the CCJ, you would apply against them, and in their current state, who knows if they’d respond in time?

i'd pull donkeys tail

]

Ouch! You keep away from my rear end...

I think I'd get an sar running to welcome finance asap

I bet theres heeps of penalty fees

letter.late/phone call debt advise etc

and probably PPI etc etc to reclaim

could kill the remaining debt dead

dx

I think I'd get an sar running to welcome finance asap

 

 

I bet theres heeps of penalty fees

letter.late/phone call debt advise etc

 

 

and probably PPI etc etc to reclaim

could kill the remaining debt dead

 

 

dx

Definitely, dx.

If you can get a set aside, the case goes back to when it was issued. Link would have to apply to be substituted as the claimant (assuming they now own it), but you’d have a chance to negotiate a payment plan and/or reclaim charges etc.

Hi,

Thank you so much for the advice so far..

... I had moved quite a lot during 2010- 2013.

I had 4 addresses during this time

The copy of the judgement that I have received has my current address on and would be within the correct dates of me living here!

as i don't have a copy of the claim form- im not sure where that would have been sent.

Would it be possible for the CCJ to be set aside given that I did not know about it?

I had a regular payment plan with them

but when i went on maternity leave i could no longer afford the re- payments, and i was looking to get them reduced

At the same time my partners business ran into trouble-

hence the reason for us frequently moving as we had to follow his work.

The communication with Welcome/HFO was reasonably okay during this time Oct 2010)

and i had set up a monthly payment of £10 which they would take via POS of my debit card and i thought no more about it...

. then they called some months later to say they needed to review my payments but my situation was no better

as i had not returned to work and even when i did it would be reduced hours and

i informed them of this and i did the whole expenditure thing and they began asking for money that i could not afford...

. the one guy stressed me out so much i was sobbing on the phone as he was arguing with me that i could afford more..

.. i could not get anywhere with them and to be honest they stopped pestering me by phone which was a relief.

I did expect them to start sending letters etc. and that would have suited me fine if meant getting sorted and not talking to them...

. but I never had any and to this day I still have not received a call or a letter from them.

I am annoyed as i had tried to sort this whole thing out back then but they did make it so bloody difficult that i just gave up

, i know that was the wrong thing to do but i had much more to worry about at the time.

I'm just not sure where to go from here as i would never have left it to go to court,

bot it now looks likely its going to affect my future plans of getting a mortgage!

Any advice you can give me is much appreciated.

pers I think you have a very good case to set aside

if the CCj has got your correct address on it

then HFO are going to have a VERY hard time convincing a judge

they did not know your real address at the time of the claim being issued.

now, digging time...

sar to welcome finance as a matter of urgency

lets discover why they sold it

and how much is insurances/penalty fees... I suspect ALL of the CCJ balance and MORE

as a £3k loan from 2004 does not effectivelty 'go up' in those years.

typical welcome tricks.

can I just clarify something else

did you ever ring welcome before it got in the hands of the DCA's and outline payment difficulties and they 'helped' then too by reducing payments etc?

and was this your only welcome loan?

dx

Hi,

Thank you for the advice; i will follow this up- is there a particular form for the SAR i need and if so any idea where i can get this from?

The other issue i have is who i send it to as the contact details for HFO etc are not in use.

I cant recall if I contacted them but i do remember speaking to them quite a lot around the time of my maternity leave - not sure if this was before the DCA were involved (Sorry not much help) and yes; thankfully this was the only loan i ever had from Welcome.

Thanks again for your help

As said

The sar

DX