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Westcot ccj - old catalogue debt - now back in court by Arrrow Global - HELP!!


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hi,

I'm really in need of some help.

 

My partner has had a ccj for an old debt taken over by wescot.

 

We have moved house quite a few times recently so I'm assuming that is how we missed the original court papers.

 

Immediately we knew about the judgement we contacted wescot to ask what the bill was for.

 

aparently it was an old catalogue debt but the only one he had was only for a couple of hundred pounds.

This is now £1700!

 

Have asked for details of the original bill but they have never replied to our emails.

 

We asked for the order to be varied there is also an enforcement notice pending.

 

The enforcement notice has now been suspended on condition we pay £100/month!!!

We offered £40.

This is an impossible ammount for us to pay

,what can we do?

 

It has never been agreed he owes the money anyway but court action went through before we could get papers in.

It changed court three times before we could do anything!!

 

I work part time and get working and child tax credits my partner is not working we have two depenant children and a 18 year old in training.

 

I don't get how we are classed as poor enough not to have to pay court fees but well off enough to pay £100/month!

 

Any advice would be really apreciated

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Why did you not apply to have the judgment set aside? Sounds like it might not be yours.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I don't know what this is sorry.

 

It is the ammount owed that is in question and the impossible ammount to pay back!!

 

as they say it is a shop direct debt and

 

he had a catalogue that he owed about two hundred pounds on

 

i'm assuming it's this but the amount is wrong and they never sent the details I asked for.

 

Only have until 6th January to find £100 else the bailiffs are at the door!

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But if the amounts claimed are wrong you should not have started paying.

 

You need to look at getting this aside and pleading ignorance regarding the process.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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But if the amounts claimed are wrong you should not have started paying.

 

You need to look at getting this aside and pleading ignorance regarding the process.

LOL I am ignorant I have no idea what to do. What is set aside how do I do it? Will there be time before January 6th? Thanks for the reply. we were up half the night trying to find information.What a wonderful website!

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You need to contact the court and get a copy of the claim form. Probably Northampton.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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If you initiate the set aside, then you can request that enforcement action be suspended.

 

You are going to have to emphasise your ignorance of the law in dealing with this.

 

Have Westcot refused to supply details of how the debt was made up? Or have they simply failed to reply?

 

How did they find you if they issued the claim at the wrong address?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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If you initiate the set aside, then you can request that enforcement action be suspended.

 

You are going to have to emphasise your ignorance of the law in dealing with this.

 

Have Westcot refused to supply details of how the debt was made up? Or have they simply failed to reply?

 

How did they find you if they issued the claim at the wrong address?

 

Not sure what you mean about the last line? Wescot replied asking for reference numbers then never replied again. Should I approach them again before going for set aside or leave it to courts?

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But if the amounts claimed are wrong you should not have started paying.

 

You need to look at getting this aside and pleading ignorance regarding the process.

We haven't paid anything yet,just filled in the papers we were sent to vary the order because of the bailiff thing. It all happened so quickly.

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Yes, make an effort to get the details.

 

You stated you never got the Claim form as you had moved – so how did you find out about the CCJ?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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  • 2 months later...

Update

 

- We emailed wescot before Christmas asking for details of the debt.

 

We has a reply on Christmas eve telling us that all collection on this debt was being suspended while they gather the information.

 

They said it would take several weeks and they would contact us as soon as they had concluded their checks.

 

Today we received an enforcement notice from the court saying we had defaulted on the debt and baliffs are coming on 29th!

 

Another £100 has been added.

 

What should we do now.

 

With such short notice I don't have the paperwork for fee remission( have to have a letter dated within the month from child benefit)

or the money to pay the fee to get the judgement set aside.

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Thanks. When we first got in touch with wescot to ask what the debt was they said it was from shopdirect in 2006. i have ben reading a lot of threads about satute bared could this be the case with this?

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Go to your local court with proof that you are on benefit and have no income.

 

Take along the letters from Westcott, stating they did not have any documents to support their right to further enforce the claim.

 

If you are on benefits you are exempt from paying the fee.

 

Inform the courts that you never received any documents from the court.

 

Speak to the court Bailiff, explain to him what Wescott have done. Inform him that they are Abusing the court process and issuing an enforcement notice when they have not actually demanded any money and have agreed to suspend all action until they have the correct documents.

 

From now on, all correspondence must be done in writing with proof of postage.

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Thankyou.

I'm working but my partner isn't.

 

We get some housing/council tax benefits which I have proof of .

 

I don't think the court office will help.

 

When I asked for a suspension of the warrant before I was missing one payslip and even though my wages were on the bank statements

I had to pay the fee which left me with only my bus fare home.

 

I did eventually get a refund but they would not budge.

 

I will phone the bailiff on Monday.

 

I had all the forms filled in for the set aside before Christmas but when Wescot wrote I didn't take them in.

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Hi, could somebody point me in the right direction for a cca request template letter?

I have sent an informal request for details of the debt the company are trying to collect.

I had a reply saying were looking into it and would contct me in due course etc.

 

I have now received a further enforcement notice from county court bailiffs for default n payments that i never agreed on.

I never had chance to defend as I didn't recieve the court papers only the judgement!

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If there is a CCJ awarded on it then a CCA request is useless to you as the judgement supercedes the agreement

 

If you didn't get court papers you would need to get the CCJ set aside

 

ims

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Contact the Court where the CCJ was issued and get a copy of all the paperwork.

 

Have you moved since taking out the original debt? it sounds like they have gained a judgement by default - and as ims says - you will need to get the CCJ set aside.

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The original debt would be no more than a couple of hundred pounds.

We had a financial problems after my Mother and Father died in 2003

and my partners mother was diagnosed with cancer and his brother had a breakdown a couple of years later.

 

We had three young children and were having problems where we lived with the local 'yobs'.

 

Things were difficult and we got in a mess.

 

We have moved from four different private rented houses since 2007.

 

I have no idea how i could have got to now being £1800.

 

I know court bailiff costs have added £200, but the rest?

 

Is there a fee for a set-aside application?

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I put in the papers for the judgement to be set aside.

Just waiting to hear now.

Thankyou all for your help.

 

This site is invaluable as i lie in quite a depressed area so the CAB have waiting lists of weeks!

 

Even then ,bless them,

they sometimes get things wrong or are out of their depth.

 

The fee was £85.00 but I didn't have to pay as I am on a low income and had 3 months bank statements and payslips and tax credit award notice.

 

I didn't need a letter from childbenefit.

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  • 5 weeks later...

UPDATE--- I managed to get the paperwork together and put in the application to have the judgement set aside in time.

 

We have 16th April as a date.

 

Should we be doing anything now?

 

Should we expect to hear from Wescot before the date?

 

I gave the court a written explanation of the circumstances and copies of the letters and emails.

 

Feels a bit odd just waiting and not doing anything!

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You'll need to show the court reasonable grounds to set-aside

 

Service of the claim is reason enough for the application, now you need to form a substantive plea to show you have a defence to the case.

 

A good start would be to draft yourself a witness statement, you'll need to get this served on the other side and filed with the court 7 days prior to the hearing. Bad timing with the holiday weekend approaching but you should be able to put something together by Tuesday and post rec del for service by Thursday.

 

There's no requirement for legalese, there is however a requirement to draft the body of the statement in the correct form....... CPR 32

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part32#IDADKVJC

 

If you get stuck, search witness statements or w/s on the forum and you'll find plenty of examples. Failing that, bump your thread and I'll come back and take a look.

 

Reading your earlier posts, I'd be inclined to start from day 1;

 

1. No service of claim

2. No known debt of stated value

3. No correspondence from claimant prior to claim

4. No service of particulars

5. No disclosure of agreement

6. No disclosure of how the balance accrued

7. No disclosure of assignment

 

You really need to have a think about drafting it in such a way that it asks the dj to set aside and make an order for disclosure without either admitting to or acknowledging the alleged debt. With the limited correspondence from Westcot that you do have [shop Direct & value] you should be able to form a statement that not only makes your position clear but also asks questions of the other side.

 

Gez

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Oh and........ something else you could do [although probably left it a little too late], ring Shop direct and ask them if they can e-mail or post you a statement of account. If they say its closed, ask them for the closing balance and the date. Also the assignee details if it was sold at termination.

 

Gez

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