Welcome finance gave me a ccj ***WON*** plus Costs & CCJ set aside..'

[smiffer]

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?

[Spamalot]

That should be the date of the judgement...

[smiffer]

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

[Spamalot]

On the copy of the judgement that you got from Northampton there should be a date around about 2/3rds of the way down the page... that is the date the judgement was given and that is the date you need.. It should be just above a box labeled notes for defendant and How to Pay.

[smiffer]

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?

[Spamalot]

Yes.

 

The claim number, I believe, should be on top of the claim form... that number should also be the same as the claim number on your judgement.

[smiffer]

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"

[Spamalot]

Yes take a photocopy of the log and highlight that bit and send it in with the set aside application... don't send any originals in case they get lost...same goes for letter from DVLC confirming you didn't own the car just send a copy..

 

Spam.

[smiffer]

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.

[Spamalot]

Copy it by all means but hang on to the original... If the judge decides that he wants a proper hearing you can take that information in with you as evidence... sometimes the courts lose paperwork and you really need to make sure you keep stuff like that safe....

 

Add as much as you want in the evidence box to prove that you have a good defence ...I just put what I could work out from your posts... only you really know what's happened so you are the best source of info....

 

If it goes to a proper hearing, you can explain things a lot better.

 

Spam.

[smiffer]

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?

[Spamalot]

You send it to the court that gave you the judgement.... Northampton. The address is probably on the claim form or judgement...if you can't find it get back to me.

You make the cheque or postal order payable to Her Majesty's Court Service or HMCS . If I were you I would send it registered post so you can keep an eye on when it's delivered because of the current postal problems.

 

If it all goes well and goes to a hearing they will transfer it to your local court.

 

Spam.

[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?

[Spamalot]

Looks OK to me Smiffer..

 

You have all the proof so there shouldn't be any problem...

 

Good Luck,

 

Spam.

[smiffer]

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

[smiffer]

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

[postggj]

good luck smiffer

 

we need to get together this weekend

 

i have some pointers

 

ive had 3 out of 3 ccj set asside

[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?

[sarnie2109]

Good luck smiffer.

[postggj]

In Each Of My Set Assides Lasted No More Than 5 Mins But You Could Get A Judge Start Asking Questions

 

Depends If You Are In The Front Or Near The Rear In The Que

 

Judge Lottery This But Ive Never Had Any Probs And They Are Fair

[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

[postggj]

We Will Deal With This This Week End

 

Il Make It My Mission To Get All Payments Back And Max Comp

 

Keep That Letter From Dvla Safe

 

You Are In For Quite A Bit Of Cash On This

 

As Soon As The Ccj Has Been Set Asside

 

Welcome Will Be The Ones With A Court Claim

 

I Can Assure You Of That

[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

[smiffer]

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

[Spamalot]

Hi, Smiffer..

In case Postggj doesn't get back to you... just make sure you have a copy of the defence that you supplied for your set aside application and perhaps another one for the other side in case thay turn up. also your letter from the DVLC to say you never owned the car and the bit of your Subject access report that says you paid the loan...

 

That's all I can think of for now...

 

Good luck, Spam.