Cheque still not recieved,was promised it by today,and still nothing

Hi Spamalot thanks again for all the help,couldnt have done it without ya,do i just contact a mod and ask them to move it?if so who is the best mod to contact? I have accepted the offer,i know i will have to shell out more money to get compensation,and it could take ages,they said the cheque should be with me by this weekend,and i really need it,my comapny has almost no work on at present,so this will do nicely. Cheers Smiffer

Here is the final update. I spoke to Howard Cohen solicitors today,welcome finance have agreed to pay me the money i paid to them via the attachment of earnings order which is £720,and they have agreed to pay me for one days lost wages because i had a day of for court,and the £75 i paid to get it to court,and also the £65 i paid a few weeks back to make the counterclaim,all in all they have agreed to pay me back £1000. The ccj has also been set aside,and the balance is now zero,she said it would take about a month for that to show on my credit file. I have accepted the refund,but have told them i will not stop the counterclaim until the cheque is in my hand,they have promised me that i should have it by the end of this week. I hope you guys think i made the right decision,i know postggj said i could hit them for compensation,but at the moment i just cant afford to pay out for a solicitor,or i would.I have got back what i paid out,and hopefully my credit will be restored to where it was.I do think they needed to be put through court,but alas money is not on my side at present,i know they would have to pay everthing when i won,but i think i have a moral victory in getting back all i paid out. Ju want to say big thanks to all on the forum who helped especially Spamalot,and postggj,couldnt have done it without,all your advice and effort was very much appreciated. Thanks to the forum. Yours Smiffer Smiffer

I managed to fill it in on me own,wasn't to bad,took it to the court and they said I have to pay a further £65 to open the counterclaim,which I wasn't aware of,they said they send me and welcome a questionaire which we both have to fill in,then there will be another hearing,so much for it taking 5 minutes,at moment I don't have £65 to do the counterclaim,and it has to be in by next Friday,it's not looking good,I still can't get hold of postggj,his inbox is still full.

Hi Spamalot I recieved a letter from the court today it reads as follows Before (judges name) sitting at (courts name) Upon hearing the defendant in person and the claimant not attending IT IS ORDERED THAT Judgement be set aside on the condition that the defendant do file a Defence by (date) and in default the judgement stands If a defence is filed,Allocation Questionnaires be issued what does the last line mean?? thanks Smiffer

Hi Spamalot I cant send the letter as i dont have a scanner so cant put it on my pc,also the time between that,and the default was plenty,as i was not living at the address they sent it to,that was my mothers house,its where i used to live,i moved away before that,but never redirected mail,just used to pop back now and again to collect it. I will pm you the letter of defence i wrote for you to look at. i have got a form,its say "Defence and Counterclaim (specified amount)" on the right it has boxes-name of court,claim number,claimant including ref,and defendant.its this one here http://www.hmcourts-service.gov.uk/news/forms/docs/n9b_0406.pdf Thanks again Smiffer

HI Spamalot I have a letter that says "without prejudice" at the top,and its three pages long after that.Second page at the top it says "important you should read this carefully,Default Notice" served under section 87(1) of the consumer credit act 1974. and i found another which is single sheet says "withough prejudice" failure to read this letter may result in legal proceedings. Is it either of these two?? The judge did say he wants a proper statement of defence,with everything that happened start to finish,i have written one,can i send it to you via pm to take a look at,it does have all the personal info on,just account numbers,and monthly payments,i put account numbers,cus there were two accounts,one was the original,and the other was the amended one,from when they lowered the repayments. what do you mean by wasted costs?i would like to get the £600+ i have paid them back so far dues to my attatchment of earnings order,and the £110 it cost me in lost wages to go to court yesterday. As for postggj,he said he was going to help me over the weekend,but i have heard nothing,and i tried to pm him,but it says his pm inbox is full,and not sure if he has read this thread since,i know he must be busy. Thanks for your reply,i have to get the statement back into the court before feb 19th so i believe that gives me about 2 weeks. cheers Smiffer

Spamalot check your inbox for messages Right well it looks like i will be doing this part on my own,not really got any idea what i am doing,i have done my statement of defence,on a seperate piece of paper,and i have a form to fill out,called "defence and counterclaim (specified amount)" no idea what,or how much iam supposed to claim,if anyone would like to help me,it would be much appreciated,dont wanna ruin it now i am so close.

Update for those interested It was just one other person in the room and me,he read through the paper work that i sent in to northampton court,just to get up to speed,then he asked me a few questions,he said "had i ever owned the car" i said no,i told him i had a letter from DVLA,i said he could see it,he didnt want to,he said "why didnt you make a defence back when i got the letter" i replied i was trying to find out why i had the judgement,what loan they were refering to,and that i had made a subject access request,and it took them a while to reply,and i was seeking advice on what to do.he asked "why did i sign an agreement for the car"i replied when u apply for car finance they have to do the agreement and send it to the finance comapny for approval,it got declined,and they should have destroyed it.he asked "if i had recieved a copy of that agreement" i replied no,nothing. The judgement wasn't set aside,he said i now have to make a statement of defense and return it to the court before feb 19th,i have to explain all from start to finish,and sign it as true,i think there will be another hearing,but he said it could be set aside as long as i do this. So anyone have any pointers for me?? thanks for those still following Smiffer

postggj If you read this,you have exceeded your message quota,i tried to send you a private message but it wont send until you clear some messages. thanks Spamalot,i am a bit nervous,been reading some of the paperwork,and it seems i have 2 account numbers but have no idea why,only thing i can think of is that one is the original,and when they amended the loan they done another account number,just trying to figure it all out.

postggj was hoping you could help me with this over the weekend,but i guess you havent been online,not really sure what to take,or expect when i get there,i know you said you had some pointers for me,hope you will be able to help me before tomorrow,i have to be at court at 2 so will be online till 12 ish. Anyone else got any advice they could give me,would be most welcome. thanks Smiffer

i hope so,bloody ccj is realling screwing me up,i will be online all weekend at some point,if not message me and i will reply soon as i can.thanks again for the help cheers smiffer

Thanks sarnie Postggj,i am expecting some questions,the thing is the only real proof i have is that on the SAR,where in the telephone conversations they made notes on my account,and its says oc (our customer) is not to be follwed for remainder,as short settlement has been agreed.The first paperwork they sent was for a different car to the one i bought from them,but with the right account number of the car i did buy,written in pen,basically i had a car on finance,had it 4 years,then i went to a garage to get another car,the finance company that accepted in principal was the one i was with,welcome,when they realised i had finance with them already,they turned me down,the garage had obviously done a new agreement which i signed,so they could try and arrange finance,welcome kept this agreement,which i think they are not supposed to do,when i made the subject access request,they sent this agreement through,but it had the account number of the finance i had already at the top,in pen,2 different contracts,same number,so it seems as though they are trying to say the outstanding balance,which i am not supposed to be chased for as short settlement was agreed,they are trying to say is what i owe from a car i have never owned,and i have a letter from DVLA to confirm this.This is ruining my credit at the moment,and i know u say they will be fair,but i feel cheated bad,and its costing me £20 a week since july last year. Sorry if all that is difficult to follow,what sort of questions might the judge ask?? thanks for sticking with me on this. smiffer

i will be about all weekend postggj could use some help,not sure what else i can take with me,going to dig through all me paperwork i have got from them,and try to find that piece of paper i got to say it it was finished,i am sure i kept it.In the paperwork i got for the SAR it does say several times "our client is not to be persued for the remainder of the balance"or words to that effect,surely that should be enough?

Quick update for anyone still following I recieved a letter today to say that there will be a court hearing at my local court,next tuesday for "the defendants application for judgement to be set aside"so it looks as though things are moving ahead,not really sure what to expect,but hope to be able to put my side of things across,so looking forward to it,thanks for all that have given me advice,and support on this,hopefully it will all be sorted soon,all your effort has been very much appreciated Thanks Smiffer P.S will keep you updated

Hi all Firstly Merry xmas to you all. Its been a couple of months since i was last here,had some major trouble with me pc,had a big hard drive crash,lost everything,and had all me emails wiped out,just managed to find the site again,couldnt remember what it was called,never got the chance to send the form off,as me pc crashed the day i was going to do it (how is that for bad luck)Will there be a time limit as to when i can appeal?I can print everything up,and make out the postal order next monday,but not sure if the court would be open,and think maybe would be better to leave it till new year,what do you guys think?? thanks smiffer

hey spam i re-wrote what i am sending her it is here,what do you think?? In 2002 I received a loan from Welcome finance in respect of vehicle xxx xxx .I had the car for about a year and a half,the original payment was for £ a month,i lost my job and was struggling to make the payments,i asked welcome finance if there was anything they could do,and they said they could rewrite it,they done this,and this loan was paid in full in 2005/6... copy of proof attached. In June 2006 i considered buying vehicle xxx xxx the garage set up the finance,which turned out to be with welcome,but it was declined because i already had a car with welcome.It was about 4 weeks after this that i settled the account i had,i never purchased the Ford Mondeo,i went somewhere else and got finance on another vehicle,which i have to this day. The vehicle this claim relates to has never been purchased or owned by me Copy of letter from DVLC attached. what you think?

ok i will get it all copied tomorrow,and send them,i just put what you wrote cus its pretty much all there is to say,i added a small amount to it but not much,just car reg's and dates,so do i now send that off with a payment?if so any idea where i send it to,and who to make the payment out to?

also when i asked for an SAR they sent me one for account number ****** it said please find enclosed your agreement and statement of account held by welcome financial services ltd in relation to account number ****** (which is the number for the car I DID purchase) but they make it look like i have bought the other car,its all stapled together,i could get all that photocopied to,and send that to them,but the original one would be better cus its all stapled together,and folded as it cam out of the envelope,that would show what they done? i believe they know that the account is settled,and have made a cock up,and are now covering it up but making out i bought the other car,and i still owe on it.

Copy of proof, i couldnt find the slip of paper that the woman from welcome gave me when i paid the money in,all i have is a copy of the log they sent me,and it says 02/01/2009 08.56 default sum notice issued, needs writing off,spoke to customer and he confirmed the agreement was that he pays £500.00 in july 2006 to clear it. confirmed this in mida notes,emailed (person) to action manager review comment"

i mean under where i put "name of court" it says claim number so i put the one from the top of the claim form?under northampton county court?

the date it says on the top of the claim form. claim No...... The number will be on your judgement.??i put the date of the judgment

I respectfully request that the court set aside the default judgement given against me on XX XX XX as is this the number at the top of the claim form>the claim number,or my reference number from welcome?

right i am not 100% sure of how to fill this in,sorry for sounding dumb,so is it just this form i have to fill in??i am confused by "Part 3 you need to fill in with..." I respectfully request that the court set aside the default judgement given against me as a) I did not receive or acknowledge the claim form, and b) The loan this claim relates to was for a vehicle that was not purchased by me and therefore the monies claimed were never owed. Therefore I believe I can successfully defend this claim. Where is part 3? so i dont need to fill out questions 1,2,3 name etc?right at top of form,i just start from number 4? i dont understand what u mean by this either? This application is made under CPR 13.2 (a) (b) and CPR 13. 3 sorry if i am a bit thick

so i use the one you posted earlier,and where is the other one?