welcome got CCJ/CO without my knowledge - help to set aside please

[dx100uk]

no.

 

so they've gone via the back door and sent everything to an old address

 

get it set aside .

 

did you ever get the SAR done?

 

dx

 

 

dx

[Andrew25]

no to be honest they accepted my £85 quite easily and when i was chatting with a friend at work

he said that the original CCJ doesnt show up because I agreed to pay it.

so they didnt like, enforce it or whatever.

 

So I never bothered with the SAR. Wish I did, was just reading that other welcome thread where it took the op months and then they only sent statements.

 

They havent sent anything to my old house. Its my parents, so I'm there all the time picking up mail as I havent changed address for my bank cards etc.

 

 

Really screwed me careerwise tho...

I was just about to walk into a Managment job finally, now I won't get the licence and probly wont even get offered the job

[dx100uk]

your freind is wrong.

 

if you did not ever get a claim form or any docs from the court

before the cases

 

then you canget it set side

 

dx

[Andrew25]

oh yeah of course I just reread thread and I discovered this.

 

So the original was a notcie of attachment of earnings. no doubt for the 5k odd they mention here.

 

And because I've missed payments in dec/jan (??) they have send it through for collection ? Even though I missed loads of payments between...

 

I'm just in the process of writing the CAPS people a very ****ty email that I will probly delete before I send. Surely they would have the sense to check up the balance on 5 year old orders before banging letters out to peoples employers ?

[AndyOrch]

There has to be a judgment in place to enable an Attachment of Earnings Order ( this is the enforcement) .

 

Regards

 

Andy

[Andrew25]

well i found the old notifice of attachment of earnings thing, and it is the saame amount... can they do that? i would have thought they would at least have to find out what the balance is.

 

deleted images because i messed about with them and it went funny

 

 

I still kinda dont understand though..

 

so they take you to court, get an order (which mean i get a CCJ), then this would be the enforcement of the order?

 

but i never got told i was being taken to court, other than default letters i guess, do they count? but no actual notification.

 

Plus no CCJ showed up on that trust site or any of the CRAs... Maybe it will have now though just as it was getting slightly better.

 

 

And i still dont get the letter i got 21/12/11 from legal recoveries & collections LTD which stated:

 

"As you are aware our client obtained Judgement against you on 21/12/11 and the current balance is £1,704.05... (if they obtained judgement that day, how could i be aware?)

 

...You need to contact us to set up and agree a mutually acceptable payment arrangement to discharge the security the client holds on your property, which will remain in place until such time as it has been paid in full."

 

Anyway thanks for your help guys. I dont really know what to do now. I will ring the court I guess and see what they say. I mean surely they at least have to put the correct amount. Especially when they sent it to my damn employer.

 

An order for £900 odd is one thing and my boss would understand what happened, but jesus dropping a bill for five and half grand on his desk doesnt make me look like i can be left in charge of a £100k a night casino ...

Edited February 11, 2013 by Andrew25

[Andrew25]

uh, the images have resized ... not sure how to change that

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Andrew25]

here:

[batty69]

Andrew you need to get the paperwork re. the recent claim.

 

If i'm reading this thread correctly either you never had a CCJ before or it was so far back in the past it has dropped off the system.

 

Anyway you only got a CCJ in Dec, this AoE is in relation to that Judgement.

 

Regarding missed payments Dec, Jan & Feb, this is immaterial, think about it for a second. How can they take you to court for payments you have yet to miss.

 

The good news regarding this, is that with the CCJ being very recent and the claimant used the old address trick, you can have this Judgement set aside on mandatory grounds regardless of the merits of your case.

 

But you need to start moving quickly on this, the clock is ticking, the longer you take to apply to set-aside the less chance you have of being successful.

 

Regarding your Job, dont worry about this, I have experience in this area. If you get the set aside granted, you can show them Judgement and tell them it was one big mistake by the claimant.

[dx100uk]

def get a set aside moving

 

whats this £85 you keep stating

hope its not via a fee paying CMC?

 

get that sar off to welcome today.-URGENT

 

do it by recorded delivery

 

dx

[Andrew25]

thanks,

 

i just spoke to the court and the lady was quite helpful. she said i had to write into them stating i dispute it and the reasons etc. and that will buy me time.

 

What makes you say i got the CCJ in december though? the letter about the "obtaining judgement" was 2011 and im preety sure that was before i checked all CRAs and the trust site etc. which all came up with nothing.

 

which paperwork do i need to get? from the court? or do i just write them a letter (i can drop it in by hand today) stating basically everything said here ??

 

 

wow im so confused... thansk you so much for your time everyone

[Andrew25]

well when i got the letter in dec 2011 i went on their website and did a income expenditure thing and offered them 85£ a month. Paid that up until the 1st of august. then we had to move out quickly, i had no money after deposit rent etc so i contacted them sayin i couldnt pay 1st september, i didnt know what my new living expenses would be but i would make token payments of £20 from 1st october until i sorted out my financial situation.

 

changed banks in dec, they said the would change over DD etc, but it was a SO and just got cancelled and I didnt notice (So much comes out of my bank each month)

[batty69]

Andrew, just clarify to get it set aisde on Mandatory grounds you need to prove the Claimant was aware of your correct address.

 

Secondly, it's probably worth preparing a second line of defence that your dispute is with merit. It not unknown for the other side to argue the judgement shouldn't be set aside because you have no chance of success when the claim is refiled and the judge to side with them even though it should be set-aside on the mandatory grounds.

[Andrew25]

also, yes i have nver had a CCJ... and as far as Im aware I still dont (althought it is becoming obv i do)

 

and they never sent anything to my old address. i moved in aug and notified LRC of this when I told them i couldnt pay for a month.

 

nothing has come to my old housefrom welcome LRC or a court

[batty69]

 

 

Exact words on letter are "as you are aware our client obtained Judgement against you on 21/12/2012 and the current balance is £1,704.05. Our client's records show the last payment on the account was £105.75 on 04/04/2011. Effective immediately - please stop all payments to Irwin Mitchell."

 

 

According your post, you got a Judgement on the 21/12/12

[Andrew25]

do apologise, that should read 21/12/2011 SORRY!

 

force of habit, i even typed 2012 in my reply to you and had to nija edit

[Andrew25]

the letter is a notice of change of solicitor and tells me to stop paying Irvin and Mitchell and to instead pay LRC it says it is on behalf of welcome and LRCs solicitors Sharp young and Pearce..

 

09/01/12 i got a final demand from those solicitors, and 16th i got a letter from LRC sayin £85 a month was accepted

[batty69]

Ok, ignore what I said previously as I was under the impression that this was a recent judgement against you.

[Andrew25]

yeah sorry about that...

 

i dunno what is goin on to be honest, but i will SAR welcome and write to the court today... Should I mention I have sent a SAR request and I need 40 days???

[dx100uk]

andy

 

get that SAR sent off

 

it will give you the back ground info for the seta side.

 

it can take 40days so the quicker the better.

 

go catch the lunchtime post

you can get the £10 PO at the post office desk at the same time you RD it

dx

[Old Cogger]

should he not send CPR 31.14 request at this stage of proceedings? sure Brig or Andy/Dx etc will respond?

 

sorry see been responded to.

[Andrew25]

ok SAR done and a letter to the court (although it is a bit long)

 

will go get them in the post...

 

 

Thank you all so much for your advice!

 

 

once more thing, do i need to SAR the companies I was paying on behalf of WF somewhere along the line? as im not sure I have evidence of all the payments I made. There are also two payments on one statement I have from WF with £302 of court fees for each, dated 10th and 12th of decembber 2008?? So why wasnt I informed about that?

 

Its all getting very strange

[Andrew25]

no court fees in 2009 though according to statement... weird

[dx100uk]

all the payments should be ging to WF

so no need

 

dx