Welcome finance - Attachment of Earnings

[craigamc]

Hi

 

Can someone please help me?

 

In July 2007 I took out a loan with welcome for £2k. I have received a copy of CCA following a SAR

 

Shortly after received the loan, I called to remove the PPI. This was done and I signed a new agreement on 04/09/07 - I have a copy of this

 

I moved house in Sept 07 and did advise them of my new address. However they clearly have gone through CCJ process with my old address and in June I had a deduction of £100 taken from my wages as the result of a AOE from progressive finance. The total oustanding on the CCJ is apparantly £6050. More than tripple the original agreement with PPI.

 

I am furious and really need to get this resolved. They have obviously taken no notice of the new agreement which was signed on 04/09/07

 

They also sent me a statement of account with the CCA which shows field visit charges - how can they visit me if I'm not there? I have also had letters through my letterbox at my new property, so clearly someone had my new address as I also confirmed it with the branch manager in a heated conversion in Sept 07.

 

What can I do now

 

ANY help would be much appreciated, I can't let them get away with this

 

Thanks

Craig

[T2upNorth]

Hi craigamc

Have you verified there is a CCJ on your credit file?

If you were not properly served with the CCJ papers/court papers you could apply to have it set aside. Sending them to the wrong address would make it an improperly served order. This would also make the AOE unenforceable.

T2

[craigamc]

Well I got a stamped AOE order from my employer which had been sent from Northampton

[T2upNorth]

Was that the one asking you to reply, or saying what would be taken?

 

Have a read here - the procedures are very strict:

CCR ORDER 27 - ATTACHMENT OF EARNINGS - Ministry of Justice

[craigamc]

The one saying the deductions would be made at a rate of £100 per month

[craigamc]

Was that the one asking you to reply, or saying what would be taken?

 

Have a read here - the procedures are very strict:

CCR ORDER 27 - ATTACHMENT OF EARNINGS - Ministry of Justice

 

It says I have 8 days to respond, but I didn't get anything? Sorry am I being dense?

[T2upNorth]

So, you didn't receive the court papers before the CCJ?

Having informed them of a change of address, if they served the CCJ papers to your old address you have grounds for a set aside.

The AOE paperwork you received should tell you which court to contact. Apply to them for a set aside.

What is the position regarding arrears?

[T2upNorth]

Info here on getting the set aside:

 

County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

[craigamc]

I gota CCJ transfer form from my local court, I can only assume that my employer informed them of my address, there was no other information in the envelope, just 1 sheet

 

In terms of arrears, I paid 1 installment on the original agreement (with PPI), then they never changed the DD over. The secondary agreement was also in dispute as they changed the term from 36 to 24 months, but they never responded.