Welcome Finance and dodgy AOE

[randomnick]

In Nov 2004 I bought a car on HP with Welcome. Unfortunately I defaulted around July 2005 and they repossessed the car. There was no paperwork, they just took the keys without leaving me any proof. At the time i was just glad to get shot!

 

That was the last I heard. Unbelievable I know. Apart from still being bombarded with offers of loans from them.

 

I have since moved and been at my present address for 9 months. This morning I received an Attachment of Earnings order, £10k @ £50 per week. ouch. I didnt even know there was a ccj. I checked my file with Experian and there is nothing. I cant beleive the court didn't write to me before the AOE. They found me to send the notice so why could they not find me to give me warning??

 

I have no idea what the car was sold for, how much was outstanding or anything. Cant help feel i'm being screwed here. By the courts as much as anyone else.

 

Any ideas please??

[postggj]

hi and welcom

first thing to confirm is,

is the aoe order legit, is it from the court, did they send it to you

when was the ccj awarded

if you never received the court papers, there is a chance of having the judgement set asside

 

welcome are under hand and believe nothing from them.

[randomnick]

Yes it seems legit, from Norwich County Court. Obviously as I got it on a weekend I'll have to wait til Monday to check the details with the court.

 

This is honestly the first I heard since they took the car 3 years ago! And yes I know they are underhand, when I defaulted on the loan they actually offered me a 2nd loan to pay off the arrears!! I think that was when I gave up with them.

 

Do you know if it is possible to have it set aside? Whilst I do not dispute I owe something, it seems very unfairly handled by Welcome and the Courts. Any help appreciated!!

[postggj]

did welcome send you a default notice before taking the car

[randomnick]

to be honest it was so long ago I dont remember. There has never been anything on my credit file. I need to get all this from Welcome I suppose. How do I go about doing it quickly and legit??

[postggj]

to be honest with you, welcomes addmin is very lax.

first thing you need to do is send welcome an sar.

this will cost you £10.

send it by postel order and allways print, never sign your name.

this will give you every thing welcome have on you

 

agreements

statements

default notice etc

 

they will have forty days to comply and believe me, they are a jem.

we can then find out what welcome have not done and get the ccj set asside.

 

click on the link below and go to post 201 for your sar template

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156502-registered-county-court-judgement.html?highlight=postggj

[randomnick]

Ah thanks, thats a great help. Will do that,

 

also do you reckon there is much chance of getting the AOE suspended while I look into this?? I am particularly upset that they did not give me the chance to keep it out of my employers hands like they should.

[legalpickle]

You will have to ask the court the reasons that the AoE was granted and upon what evidence asking for a copy of the file.

 

You should be able to make an Application to cease the AoE on the basis that proper procedures were not followed.

 

Send the Subject Access Request to Welcome by special delivery, not recorded delivery, as that's not guaranteed.

 

Also, I suggest you visit www.saynotoyes.co.uk that deals with matters about Welcome and it's related companies.

[randomnick]

Well last week I wrote to the Courts. Thsi is what I sent...

 

Dear Sir / Madam

I am the defendant in the above case. I have not received any correspondence relating to the case until receiving the N60 AOE Notice.

There are a number of significant issues that need attention, most notably the amount claimed and that I was never served with the original papers nor given the opportunity to present my defence. There are also failings by the claimant from the outset involving the repossession and sale of the car to which the finance relates, all of which appear to violate my rights as a consumer under the Consumer Credit Act.

I have sought legal advice and I wish to make to the courts an application for redetermination in the first instance, as the amount ordered under the N60 is not sustainable in my current financial situation. Also it is my wish that this be kept out of my employer’s hands as I feel it is going to have an adverse effect on my role at work.

I also wish to make an application to have this judgement set aside, and would appreciate your guidance on what steps I need to take to arrange a hearing to do this.

Finally I request a copy of all documents and letters or other information relating to this case.

Yours sincerely

[randomnick]

I also sent the SAR to Welcome, just a waiting game now...

[randomnick]

oh and I also checked my file with equifax and yes you guessed it - nada. Not a mention. The same as experian. I also had a phone conversation with the courts and they told me 2 addresses the "solicitors" had been using thru this whole process. One of them is most def not one of mine.

 

So hopefully they have served the papers at an address which I have never lived, that will certainly help my case. Just gotta wait for the info to come thru on paper.... Im so impatient tho....

[legalpickle]

Well last week I wrote to the Courts. Thsi is what I sent...

 

Dear Sir / Madam

 

I am the defendant in the above case. I have not received any correspondence relating to the case until receiving the N60 AOE Notice.

 

There are a number of significant issues that need attention, most notably the amount claimed and that I was never served with the original papers nor given the opportunity to present my defence. There are also failings by the claimant from the outset involving the repossession and sale of the car to which the finance relates, all of which appear to violate my rights as a consumer under the Consumer Credit Act.

 

I have sought legal advice and I wish to make to the courts an application for redetermination in the first instance, as the amount ordered under the N60 is not sustainable in my current financial situation. Also it is my wish that this be kept out of my employer’s hands as I feel it is going to have an adverse effect on my role at work.

 

I also wish to make an application to have this judgement set aside, and would appreciate your guidance on what steps I need to take to arrange a hearing to do this.

 

Finally I request a copy of all documents and letters or other information relating to this case.

 

 

Yours sincerely

If you have a claim number - which will begin with '7' if it was issued last year or '8' if issued this year followed by two letters and several numbers - you can make an Application to Set Aside Judgment. There is no need for court advice on this and they are seriously limited in the advice they can give.

 

If the AoE was given on the basis of something else, i.e. not a County Court Judgment - and I don't know how this is possible - then you would need that information from the court.

 

If I was in your position I would have posted that letter here before sending it, as this would be how I would have amended it for you;

Dear Sirs,

 

Re: [claim no.]

I am the defendant in the above case. I had not received

any

correspondence relating to the above matter till I received the N60 - Attachment to Earnings Order.

 

It is my intention to make an Application to Set Aside Judgment & the N60, but in order to know exactly what the basis for this claim is, I require copies of all documents in the court file. I would appreciate if you could oblige by sending this to me at my correct address which is: ... as a matter of urgency, so that I can terminate this blatant injustice.

Yours Sincerely,

The court staff cannot do anything without a Judge's stamp, more than sending you copies of documents. It is therefore not necessary to give them more information than is needed for them to fulfill your request.

 

How did you send the letter? If you did not send it by special delivery and have not received a response to the letter, I would recommend going to Her Majesty's Courts Service - Home and finding the relevant court's details and sending it by fax. By the way, all letters to courts should be addressed to The Court Manager. For example, if this were addressed to Manchester County Court, you would address the letter to;

The Court Manager,

Manchester County Court,

Manchester Civil Justice Centre,

1 Bridge Street West,

Manchester,

M60 9DJ

 

Then call them and make sure that they have received it. At the top of the letter in a larger font, mark it as 'URGENT'.

 

 

oh and I also checked my file with equifax and yes you guessed it - nada. Not a mention. The same as experian. I also had a phone conversation with the courts and they told me 2 addresses the "solicitors" had been using thru this whole process. One of them is most def not one of mine.

If you have a CCJ then it would show up in your credit record.

 

Has the court sent you all the information. That's what you need. You then need to post it all up here, minus confidential information so that we can try to help you.

 

So hopefully they have served the papers at an address which I have never lived, that will certainly help my case. Just gotta wait for the info to come thru on paper.... Im so impatient tho....

Did the court say they are sending a copy of the file? In how long did they say you should expect it?

----------------------------------------------------------------------

To prepare for advice I suggest you take a few steps that will help me - and others - help you make an Application that will work.

 

1. Download PrimoPDF. This allows you to "print" complete documents to PDF format which is especially useful with court forms that can be filled in on your computer but not saved, so this way you can "save" them. Go to Free PDF Creator - Convert to PDF from Any File You Can Print - PrimoPDF - it's free.

 

2. Do you have a scanner? If not do you have access to a fax? If you have access to a fax but not a scanner, then search for 'jfax' or 'free fax to email' in Google and sign up for one of the free services. They also have commercial services so I can't link to them from the forum. In using a free fax-to-email service you can send documents to your e-mail which would give you a PDF or image file of the important documents.

 

In order to draft the best possible relevant Application for you, we are going to need to see all documents - minus personal information - so that we know what has actually happened. There may be other "defences" that we can think of that will help your case, which is necessary. Whilst you have a "defence" to get the Judgment cancelled, because no papers were served on you, that won't help when it comes down to a retrial of the case, so we need to work on that as well.

 

Please keep us posted.

 

Good Luck.

[randomnick]

ok thanks for all that. To be honest I never realised how helpful the people here were going to be so apologies for jumping the gun with the letter!!

 

I spoke to the courts last week, they say the woman who deals with AOE is off till this week. Nice I said, in the meantime I carry on paying 50 quid a week!!

 

Im home today so will chase her up.

 

They did tell me about the form and fee to apply to set the judgement aside. I was waiting for the info from welcome before I did that obviously.

 

Also they say there is a charge for limited info from the file. Will chase that up today too.

 

Welcome cashed the cheque for the SAR , cleared this morning.

 

Thanks for all the above help, I do not have a scanner or fax so will give some thought on how to get round this.

[randomnick]

still waiting...

 

Courts are sending case particulars. I feel this is gonna be very basic but lets see. Also still waiting for SAR to be actioned. Cheque was cashed last week...

 

After my letter to the courts, I got a letter 15 days later (!!) saying it had been passed to the AOE dept. This obviously was followed up with a phone call from me demanding to know what had been going on for 2 weeks. Basically they did not know. After a lot of waiting for return calls, they called to tell me they had referred it back to the district Judge so what happens next is anyones guess.

[randomnick]

got letter from court this morning. The District Judge has set a date for re-determination of the Attachment order. 23rd Dec. Happy Christmas or what!

 

I assume this is just to re consider the amount I am ordered to pay each week. Any ideas?

[legalpickle]

got letter from court this morning. The District Judge has set a date for re-determination of the Attachment order. 23rd Dec. Happy Christmas or what!

 

I assume this is just to re consider the amount I am ordered to pay each week. Any ideas?

Could be a Happy Christmas, could be a sad one! Hope for the former.

 

If you never received any claim form or anything, then plead your case. I recommend that you write down clearly all your arguments and explain why it shouldn't be granted. If need be write them here and I'll try to proof them for you so that you are clear on what you need to say to the District Judge.

 

If you never received a claim form or any Notice of Judgment and therefore don't have the particulars, then the Judgment should be set aside [hence the Attachment of Earnings as well] and you should be sent the claim form and supporting evidence for you to file a defence.

 

The re-determination should be, first, whether it was valid, and second, if it was valid, the amount that is reasonable.

[randomnick]

Thanks so much Legalpickle

 

arguments are as follows...

 

1.When I got into arrears on the hp, I spoke to Welcome to see what they could do to help my circumstances. Their only answer was to give me a 2nd loan to run along side the HP to pay off the arrears. Illegal i know, I only wish I had it in writing! I think i gave up at this point.

 

2. Car was repossessed, no paperwork, nothing. Still waiting for SAR to be actioned to see what is on file.

 

3. No settlement figure was ever agreed, or was I ever informed of the value of sale of the car (or proof). The only proof I have is that about a month after repo, I got a speedng ticket relating to the car and had to inform police that it was in the possesion of welcome at tat time. This must be on record somewhere.

 

4. No communication whilst at the original address, until I moved 8 months later. I never gave them the new address as after this amount of time as with no communicaton I guessed the matter was closed.

 

5. I did get some forwarded mail the following year offering me a loan. Responsible lending!! This was the only letter I ever had from Welcome in over 3 years. I kept this!!

 

6. From speaking to the courts I know that proceedings were started in April 08 and that they first issued claim to original address on the aggreement. Obviously not there anymore. However I distinctly remember putting on the aggreement my work address and contact number. I have been in the same job for 12 years so it should have been easy to contact me. Maybe (fingers crossed) they do not have a copy of the original Agreement.

 

7. I also know from the courts that papers were served to another address on August 08. An address that I have never lived at. MAybe there is someone with the same name at that address?? I am unappy that this kind of info is being sent out with such blatant disregard for data protection.

 

8. The courts tell me also that when i did not respond to the statement of means ( which i never recieved) that they sent the court bailiff to enforce this. Apparently this never came to anything as for some reason he did not make contact.

 

9. when I finally recieve the first piece of communication on this case, The N60 Attachment of earnings order, it is set at an amount I cannot afford. I am told that the bailiff and statement of means were issued to my present address, why did I not receive any of these??

 

10. Being in line for promotion I would have very much liked to keep my employer out of this, something i know I am legally entitled to. How could the Judge making the final order accept that the bailiff could not make contact and just make the order anyway?

 

11. Finally I do not accept that i owe anything towards this debt. welcome acted so irresponsibly in the hanlding of the account that as far as Im concerned the aggreement was terminated when they took the car from private property without confirmation in writing.

[randomnick]

haha my typing sucks today!!

[legalpickle]

Thanks so much Legalpickle

No problemo.

 

Let me just explain, these arguments are for you only. You are not necessarily going to present them to the Judge. What you need is to go in the court with a clear head, and have rehearsed and understand your arguments.

 

It is impossible to predict how the case will go, so I cannot say which arguments you will need to state or not. I sometimes have the problem that I forget something important in a hearing, so I make sure I have everything written down in the days before the hearing, and update it if necessary. That way if my brain stops functioning , as long as my eyes and mouth still work, I'm not screwed.

 

BUT, we also want to word it in such a way that if necessary - and this sometimes happens - you can present it to the Judge, and the other party if necessary. Sometimes it is worth saying to the Judge something like "Sir, Prior to this hearing I prepared the relevant arguments that I felt necessary to voice. With due respect, I think it may assist if Your Honour read through these arguments to assist this Court in making it's decision. For this purpose, Sir, I have prepared a copy of my arguments for Your Honour and the other party. I would be much obliged if I could provide you with this, Sir."

 

You have to make the judgment on the best way to approach it at the start. It always depends on the way the Judge commences the hearing and the behaviour of the other party [note if the other party is not present then you will obviously have to change the wording of your statements to the Judge, when you talk].

 

I have below written my proposed changes, and in square brackets notes on those changes.

 

arguments are as follows...

 

1.When I got into arrears on the hp, I spoke to Welcome to see what they could do to help my circumstances. Their only answer was to give me a 2nd loan to run along side the HP to pay off the arrears. Illegal i know, I only wish I had it in writing! I think i gave up at this point.

1. When I entered into arrears on the Hire Purchase Agreement due to financial difficulties, I spoke to the finance company - Welcome Finance - to see if they could assist me in my difficult situation. The only answer of Welcome Finance was to provide me with a second loan to run alongside the Hire Purchase Agreement. I feel that this was negligent and possibly unlawful.

 

[Please advise what's illegal? Alleging something like that in court without evidence could cause you trouble. Alleging something like that here could cause allegations of defamation. In court you will have to be more moderate than that.]

 

2. Car was repossessed, no paperwork, nothing. Still waiting for S.A.R - (Subject Access Request) to be actioned to see what is on file.

2. On , the vehicle was repossessed by Welcome Finance. Those that repossessed the vehicle provided me with no paperwork whatsoever. The only way I know it was them was due to their ID.

 

3. On I sent a written Subject Access Request, otherwise known as a Data Protection Disclosure Demand to Welcome Finance, so that I could find out all information relating to me that is on their files. As of today I have yet to receive the response.

 

[1) Please fill in the dates. If more than 40 days have passed, then I will modify it.

2) Also, please confirm whether you sent it by special or recorded delivery and date that it was confirmed by Royal Mail that they received it.

3) Also whether you sent a cheque or postal order to pay for it, and if a cheque on what date it cleared your account.

4) Was this before the proceedings were allegedly issued?]

 

3. No settlement figure was ever agreed, or was I ever informed of the value of sale of the car (or proof). The only proof I have is that about a month after repo, I got a speedng ticket relating to the car and had to inform police that it was in the possesion of welcome at tat time. This must be on record somewhere.

4. No settlement figure was ever agreed between myself & Welcome Finance. Neither was I ever informed of the sale price of the vehicle, or provided with any evidence of the sale price.

 

[1) How is the speeding ticket proof of anything? What do you mean by "The only proof I have is that about a month after repo, I got a speedng ticket relating to the car and had to inform police that it was in the possesion of welcome at tat time." Do you have proof of the speeding ticket and that it was transferred to Welcome to give to somebody else?

2) How should this help in your opinion?]

 

4. No communication whilst at the original address, until I moved 8 months later. I never gave them the new address as after this amount of time as with no communicaton I guessed the matter was closed.

5. I received absolutely no communication from Welcome Finance whilst I was residing at the address I originally dealt with them from. I moved from this address 8 months later. I did not give them my new address, as I logically assumed that after 8 months since the repossession, with no communication whatsoever, the matter was closed.

 

5. I did get some forwarded mail the following year offering me a loan. Responsible lending!! This was the only letter I ever had from Welcome in over 3 years. I kept this!!

6. Interestingly enough, the year after I moved from the original address I dealt with Welcome Finance from, I received a forwarded letter from Welcome Finance offering me a loan! This was the only correspondence I received from Welcome in over 3 years. I still have this and have brought a copy to the Court today.

 

[Again, don't get angry in Court. It doesn't work in your favour. Ranting on the forums is fine - providing it isn't potentially libelous, but in Court, you must hold a clear head and not get annoyed, however frustrating all this is. Also bring a copy of that letter to the Court - if it has a date on it, if not then advise here, as won't be relevant, as isn't proof of when it was sent.]

 

6. From speaking to the courts I know that proceedings were started in April 08 and that they first issued claim to original address on the aggreement. Obviously not there anymore. However I distinctly remember putting on the aggreement my work address and contact number. I have been in the same job for 12 years so it should have been easy to contact me. Maybe (fingers crossed) they do not have a copy of the original Agreement.

7. From calling the Court Office, I have been made aware that the proceedings that resulted in the Attachment of Earnings for which we are in this Court today, were issued in April 2008 and that the claim was allegedly sent to the original address where the agreement was with Welcome Finance. It is worth noting that I did write on the agreement with Welcome Finance the details of my place of work and contact number at work. I have been in the same job for the past 12 years, so it would have been easy for Welcome Finance to reach me.

 

[1) What do you mean "obviously not there anymore"? How is it obvious?

2) I'm not sure but it may be an offence to contact people at work for debt, it may be considered harrassment.]

 

7. I also know from the courts that papers were served to another address on August 08. An address that I have never lived at. MAybe there is someone with the same name at that address?? I am unappy that this kind of info is being sent out with such blatant disregard for data protection.

8. I have also been made aware from the Court Office that some papers were served at another address - an address I have never resided at or had any connection to - in August 2008. I consider this a material breach of the Data Protection Act.

 

[1) By saying "MAybe there is someone with the same name at that address??" you are going some way to defend them.

2) With all due respect, the Judge doesn't care whether or not you are happy! Court proceedings are intended to make a decision based on Law, not happiness or lack thereof!]

 

8. The courts tell me also that when i did not respond to the statement of means ( which i never recieved) that they sent the court bailiff to enforce this. Apparently this never came to anything as for some reason he did not make contact.

9. It has also been advised to me by the Court Office that when I did not respond to the Statement of Means - which I never received - they sent the Court Bailiff to enforce this. No contact or communication of any sort was made to me by the Court Bailiff.

 

9. when I finally recieve the first piece of communication on this case, The N60 Attachment of earnings order, it is set at an amount I cannot afford. I am told that the bailiff and statement of means were issued to my present address, why did I not receive any of these??

10. The first piece of communication that I received on this matter was a N60 - Order for Attachment of Earnings - set at an amount that I cannot afford. I was told by the Court Office that the Statement of Means & Bailiff were allegedly sent to my present address, but for some reason, I did not receive the Statement of Means or any communication from the Bailiff.

 

10. Being in line for promotion I would have very much liked to keep my employer out of this, something i know I am legally entitled to. How could the Judge making the final order accept that the bailiff could not make contact and just make the order anyway?

11. I am in line for a promotion in my job. Had I known about this matter when the claim was issued, I would have most certainly defended the claim. Were I to have lost, I would have made an arrangement that would most certainly have kept my employer out of this matter - a preference that I believe I should be entitled to.

 

[1) No. If you do not pay, you are not entitled to keep your employer out of it.

2) How was the Judge supposed to know that you had received nothing? Your logic here is flawed and would seriously annoy any member of the Judiciary. Under this "logic" no Attachment of Earnings could be made without contact being made with a Debtor, and no Bailiff can be trusted. Sorry mate, that won't stand up in ANY court!]

 

11. Finally I do not accept that i owe anything towards this debt. welcome acted so irresponsibly in the hanlding of the account that as far as Im concerned the aggreement was terminated when they took the car from private property without confirmation in writing.

12. In conclusion, I contend that the Claimant;

a) Did not serve the claim form on me at my correct address.

b) Has not provided evidence that I owe the debt they allege that I owe.

c) Delayed dealing with the issue for an unreasonable length of time.

d) Terminated the agreement by repossessing the vehicle from me.

 

I therefore respectfully request from the Court to;

a) Cease the Attachment of Earnings order immediately.

b) Order that the County Court Judgment against me be erased from the Register of Judgments held by Registry Trust Limited immediately.

c) Order that the costs the Claimant has incurred in trying to enforce the debt be the sole responsibility of the Claimant, due to their obvious abuse of procedural rules.

d) Order that the Claimant supply to me copies of the Hire Purchase Agreement entered into, evidence of the sale of the vehicle and the price it was sold and all other relevant documents as well as - if they intend to pursue this court claim - a Letter Before Legal Action detailing the reasons and the basis of their intended claim within 28 days OR Confirmation that they discontinue this Claim and that they agree that I have no liabilities to them within 28 days.

e) If the Claimant wishes to pursue their claim, order that the Claimant re-issue their Particulars of Claim - which I have not received - with all relevant information to my correct address more than 21 days after the supply of the documents detailed in (e) above, and no later than 28 days from that date.

f) If the claim is to proceed, then it will proceed pursuant to the usual court procedure [in accordance with the Civil Procedure Rules], allowing me 28 days from the date of receipt of the claim to file a defence [which will be the date I file an Acknowledgment of Service with the Court Office].

g) If the Claimant does not provide me with the documents detailed in (d) above the Claimant is refused the right to issue any similar claim against myself in the future relating to this matter and the matter will be deemed close.

 

After going through your draft, I do suggest that instead of talking you present our final version to the Judge, and we'll also include a Draft Order for this.

 

Please answer the points I have made and tell me if you have any additions or points that need clarifying, and then we'll try and get to the final draft.

 

Best of Luck,

legalpickle.

[randomnick]

Thanks buddy, your help here is proving invaluable!! Let me digest this and I'll reply...

[legalpickle]

Thanks buddy, your help here is proving invaluable!! Let me digest this and I'll reply...

You'll only know whether it proves invaluable or not on 23rd December .

 

Disclaimer on my statements in my last post: I am playing devil's advocate. Sorry if anything offends you, that certainly is not the intention.

 

Awaiting your responses.

[randomnick]

ok here goes... in reply to your notes -

 

1. point taken!

 

2. Sept 2005

 

3. 15 October 2008 . Sent recorded unfortunately, but it was confirmed delivered on the 16th, with the cheque clearing on 30 Oct 08. Still 10 days or so to wait...

 

4. I retract this point!!

 

6. The date on it is march 2006

 

7. OK not obvious, I just meant "obvious" as in I had just told you. And I don't know about the work thing, I know lots of people get calls at work, why ask for the details on the application if its no use? (Inc phone number)

 

8. Point taken

 

11. The point I made is that the regulations for AOE state that in the first instance I could have kept it out of employers hands and made payment directly to the courts. This is an opportunity I wasnt given.

 

 

 

Thanks for your help again

[randomnick]

LegalPickle -

 

only just noticed your last post, of course it does not offend. I thought I was simply stating my arguements to the forum , if I had known it was to be a draft for the courts I might have taken a bit more care!! Thanks again

[randomnick]

Just thinking...

 

If Welcome go over the 40 days for the S.A.R - (Subject Access Request) is it worth doing the follow up letter or just leaving it.

 

Also I get the impression that the hearing on 23 Dec will strictly be for redetermination of the amount I am paying, and that I will have to arrange another hearing to have the CCJ set aside. Do you think the judge will hear the arguements on 23 Dec??

[legalpickle]

Sorry for the delay in responding.

 

I am not sure if the hearing on 23rd December will strictly be for the redetermination of the amount for the AoE, I have amended the below to take into consideration whether or not it is.

 

I would present this in a letter format to the Judge, and ask the Usher when you arrive for the hearing to give it to the Judge. Make sure to take 3 copies, and if the Claimant shows up, give them a copy.

 

So this is what I would write;

 

Dear Sir,

 

I thank you for scheduling this hearing today in order to correct what I view as an injustice that has taken place. It would be much appreciated if Your Honour would read my below arguments as with regards to this matter, before making any determinations.

 

1. When I entered into arrears on the Hire Purchase Agreement due to financial difficulties, I spoke to the finance company - Welcome Finance - to see if they could assist me in my difficult situation. The only answer of Welcome Finance was to provide me with a second loan to run alongside the Hire Purchase Agreement. I feel that this was negligent and possibly unlawful.

 

2. In September 2005, the vehicle was repossessed by Welcome Finance. Those who repossessed the vehicle provided me with no paperwork whatsoever. The only way I know it was them was due to their ID.

 

3. On 15th October 2008 I sent a written Subject Access Request, otherwise known as a Data Protection Disclosure Demand to Welcome Finance, so that I could find out all information relating to me that is on their files. This was confirmed received on 16th October 2008 and the cheque payment for the Subject Access Request cleared my account on 30th October 2008. As of today I have yet to receive the response.

 

4. No settlement figure was ever agreed between myself & Welcome Finance. Neither was I ever informed of the sale price of the vehicle, or provided with any evidence of the sale price.

 

5. I received absolutely no communication from Welcome Finance whilst I was residing at the address I originally dealt with them from. I moved from this address 8 months later. I did not give them my new address, as I logically assumed that after 8 months since the repossession, with no communication whatsoever, the matter was closed.

 

6. Interestingly enough, the year after I moved from the original address I dealt with Welcome Finance from, I received a forwarded letter from Welcome Finance offering me a loan dated March 2006! This was the only correspondence I received from Welcome in over 3 years. I still have this and have brought a copy to the Court today.

 

7. From calling the Court Office, I have been made aware that the proceedings that resulted in the Attachment of Earnings for which we are in this Court today, were issued in April 2008 and that the claim was allegedly sent to the original address where the agreement was with Welcome Finance. It is worth noting that I did write on the agreement with Welcome Finance the details of my place of work and contact number at work. I have been in the same job for the past 12 years, so it would have been easy for Welcome Finance to reach me.

 

8. I have also been made aware from the Court Office that some papers were served at another address - an address I have never resided at or had any connection to - in August 2008. I consider this a material breach of the Data Protection Act.

 

9. It has also been advised to me by the Court Office that when I did not respond to the Statement of Means - which I never received - they sent the Court Bailiff to enforce this. No contact or communication of any sort was made to me by the Court Bailiff.

 

10. The first piece of communication that I received on this matter was a N60 - Order for Attachment of Earnings - set at an amount that I cannot afford. I was told by the Court Office that the Statement of Means & Bailiff were allegedly sent to my present address, but for some reason, I did not receive the Statement of Means or any communication from the Bailiff.

 

11. I am in line for a promotion in my job. Had I known about this matter when the claim was issued, I would have most certainly defended the claim. Were I to have lost, I would have made an arrangement that would most certainly have kept my employer out of this matter - a preference that I believe I should be entitled to, in the first instance.

 

12. In conclusion, I contend that the Claimant;

a) Did not serve the claim form on me at my correct address.

b) Has not provided evidence that I owe the debt they allege that I owe.

c) Delayed dealing with the issue for an unreasonable length of time.

d) Terminated the agreement by repossessing the vehicle from me.

 

I therefore respectfully request from the Court to;

a) Cease the Attachment of Earnings order immediately.

b) Order that the County Court Judgment against me be erased from the Register of Judgments held by Registry Trust Limited immediately.

c) Order that the costs the Claimant has incurred in trying to enforce the debt be the sole responsibility of the Claimant, due to their obvious abuse of procedural rules.

d) Order that the Claimant supply to me copies of the Hire Purchase Agreement entered into, evidence of the sale of the vehicle and the price it was sold and all other relevant documents as well as - if they intend to pursue this court claim - a Letter Before Legal Action detailing the reasons and the basis of their intended claim within 28 days OR Confirmation that they discontinue this Claim and that they agree that I have no liabilities to them within 28 days.

e) If the Claimant wishes to pursue their claim, order that the Claimant re-issue their Particulars of Claim - which I have not received - with all relevant information to my correct address more than 21 days after the supply of the documents detailed in (e) above, and no later than 28 days from that date.

f) If the claim is to proceed, then it will proceed pursuant to the usual court procedure [in accordance with the Civil Procedure Rules], allowing me 28 days from the date of receipt of the claim to file a defence [which will be the date I file an Acknowledgment of Service with the Court Office].

g) If the Claimant does not provide me with the documents detailed in (d) above the Claimant is refused the right to issue any similar claim against myself in the future relating to this matter and the matter will be deemed close.

 

In the alternative, if this hearing is only to determine the amount that I am to pay via an Attachment of Earnings, I respectfully request of the court to cease the Attachment of Earnings - and remove the Defendant's costs of the Attachment of Earnings from the debt the Defendant alleges I owe them - to allow me to make an Application to Set Aside Judgment on the basis of my arguments, which I contend carry reasonable prospects of success.

 

Sincerely,

 

....

 

 

 

If you need any more help please don't hesitate to ask. I'm not going to be back here till Saturday night, but will do my best to respond as soon as possible after you post.

 

Please keep us posted whatever happens.

 

Best of Luck,

legalpickle.