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

[smiffer]

i have an agreement with the reference number yeah,but what they sent me through on my subject access request was not the car it belongs to,with an outstanding balance

 

the car it belongs to is an astra,the one they sent through is a mondeo,to which i have never owned,i do have the agreement,well an amended one,cus i couldnt afford the repayments,so they redone the loand,and lowered the payments,does all that make sense?

[Spamalot]

Sorry I am a bit confused..

 

The agreement that is mentioned on the claim form..... is that the one you have paid in full, or is it the one for the car you never bought and therefore never borrowed the money...

[smiffer]

the agreement on the claim form is the one i have settled,when they redone the loan,there was a balance outstanding which they should have added to the new amount,then when i finally finished paying it,it should have all been settled

now from what i can see,they sent me through a copy of an agreement for a car i applied for (the mondeo)and have put that against the outstanding from the one i settled,so it looks like i owe on that car,the one i never owned.any clearer?

[Spamalot]

IF I understand it correctly you have finished paying for the agreement mentioned in the claim and you have confirmation of that on your Sar... does the 'agreement' for the Mondeo have a different ref number to the one on the claim form ?

[smiffer]

I got a letter saying

subject access request account number 77*2*7,please find enclosed your agreement and statement of account held by welcome financial services ltd in relation to account number 77*2*7.Now the agreement is for the mondeo,which i never bought,and it says 2000 outstanding.

 

now agreement 77*2*7 actually belongs to a different car,the astra which i did purchase,and finished paying for

[Spamalot]

I think basically, as there is so much confusion over welcomes paperwork you would do well to defend the claim saying that you paid the loan in full and then it's up to them to prove you haven't.. It's certainly a mess!!

 

At least you've got confirmation from DVLA that you never owned the car they are refering to.

 

When you received your loan from welcome how was it actually paid to you? Did you get a cheque to pay into your bank or a bank transfer or did they pay the seller on your behalf?

[smiffer]

i went to a garage,chose i car i wanted,they filled out the paperwork,faxed it to welcome,along with my details,wage slips etc,then welcome agreed it,and they paid the garage direct,so i basically pay welcome back,so until it was cleared it was there car

[Spamalot]

Right... so as long as you can prove you didn't buythe mondeo then they haven't got a leg to stand on... and you have proof from the DVLA..

 

You will have to apply for the Judgement to be set aside by using an n244 form. It will cost you £75 but you should get that back assuming you eventually win the case..

 

Heres a link you may find helpful.. If you prove you have paid the loan in full the court MUST set the judgement aside.

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

Spam.

[smiffer]

I will write to the dvla and get confirmation,then what should i do,fill out that form and send it off?where do i send it to

[Spamalot]

Yes... write to the address the DVLA gave you.. get the confirmation that you have never owned the car they are refering to.

 

Once you have that you can fill in the N244 and enclose a copy of that confirmation to prove you have no debt to Welcome...

 

Just get back to us once you've got that confirmation and I'll help you fill out the set aside form... when it's filled out it has to go to the court that entered the judgement against you... that should be on your CCJ.

 

Spam.

[smiffer]

Going to get a guy at work to fax the letter to the dvla tomorrow as i have their fax number,hopefully they wont take to long about it,i explained why i need it,and said its urgent.so hopefully i will have it by early next week,will let you know when i got it,thanks for the replies and help,hope to get this all sorted soon

 

smiffer

[Spamalot]

Good luck Smiffer,

[smiffer]

Still waiting for the confirmation,i faxed them a week ago,and i rang them yesterday,and they said they sent it monday or tuesday this week,but i guess cus of the postal strike it is taking its time getting here,hopefully it will be here anyday soon.

smiffer

[smiffer]

At last

The letter arrived this morning to confirm that i have never owned that car,so now i am ready to move onto the next phase,so whenever ur ready Spamalot,look forward to hearing from you soon.

 

Smiffer

[Spamalot]

Hi Smiffer,

 

Glad you got the confirmation, I'll give you a hand sorting out the set aside tomorrow.

 

Spam.

[smiffer]

Ok mate,i will be online about 7pm tonight if your about.

[Spamalot]

Hi Smiffer,

 

This link should take you straight to an n244 form.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

If you fill it in on line you will need to print it immediately as it will not save. Otherwise just print off a copy and fill in manually.

 

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.

 

This application is made under CPR 13.2 (a) (b) and CPR 13. 3

 

4. No

 

5. At a hearing.

 

6,7,8,9, leave blank

 

10. tick the evidence set out in the box below.

 

In 2002 I received a loan from Welcome finance in respect of vehicle XXX XXX. The loan was rewritten in 2003 to reflect a new payment arrangement. this loan was paid in full in 2005/6... copy of proof attached.

 

In xxxx considered buying vehicle XXX XXX and arranged a loan with welcome Finance but then decided against it and did not finalise the arrangement. No money was recived by me and the vehicle this claim relates to has never been purchased or owned by me Copy of letter from DVLC attached.

 

This is what I have so far... I hope Andyorch will have a quick look to check that I have used correct CPR's.

 

Obviously you will have to fill in the correct dates, vehicle numbers etc.

 

I'll be back,

 

Spam.

Edited October 5, 2009 by Spamalot

[smiffer]

I will wait for a bit to see if andyorch posts anything,and i will get onto it sometime tonight,thanks for the reply,much appreciated.

[Spamalot]

Hi Smiffer,

 

If you can hold on for a while that would be good... the relevant CPR needs to be checked because it's a bit of an unusual case and I'm not sure if you should ask for the set aside under 13.2 or 13.3.. one is where the debt has already been paid and the other is where the judgement is given by default and you have a good defence... Andy will probably be able to advise on this but I'm not sure if he's around cos he's had problems with his PC.

 

I'll see if there's anyone else around in the meantime.

 

Also, the cost of the set aside is £75 (unlesss you are eligible for concesssion) but you should get that back when you win the case.

 

Spam.

[smiffer]

yeah i can wait for a while,thats no problem

[Spamalot]

Hi Smiffer,

 

Andy has suggested to use either CPR so what I have done is to put both just for good measure... If the judge doesn't agree with one he has the other option... as Litigant in person you shouldn't be expected to know everything .. Hopefully it will be set aside without too much trouble but if necessary you should now at least get the chance to defend yourself.

 

Spam.

[smiffer]

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

[Spamalot]

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

 

Sorry Smiffer, I didn't explain, I edited my earlier post to show both..

 

 

This application is made under CPR 13.2 (a) (b) and CPR 13. 3

 

 

Spam.

[smiffer]

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

[Spamalot]

HI Smiffer... don't worry..

 

Top of Form...... Northampton County Court

claim No...... The number will be on your judgement.

Claimants name.... as on your Particulars of claim... Welcome Finance etc.

Defendants name..... your name

Date.... todays date.

 

1. your name

2. tick defendant

3.I respectfully request that the court set aside the default judgement given against me on XX XX XX 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.

 

This application is made under CPR 13.2 (a) (b) and CPR 13. 3

 

4. tick no

5. at a hearing

6,7,8,&9 leave blank.

10. tick evidence set out in box below

 

put this in evidence box...

 

In 2002 I received a loan from Welcome finance in respect of vehicle XXX XXX. The loan was rewritten in 2003 to reflect a new payment arrangement. this loan was paid in full in 2005/6... copy of proof attached.

 

In xxxx considered buying vehicle XXX XXX and arranged a loan with welcome Finance but then decided against it and did not finalise the arrangement. No money was recived by me and the vehicle this claim relates to has never been purchased or owned by me Copy of letter from DVLC attached.

 

sign, date and fill in the rest of form as requested.

 

Hope that is clearer,

 

Spam.

 

 

P.S. These are the rules that you have to use when applying to have a judgement set aside....

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

 

you have to quote which ones relate to your particular case.