Dealing with CCJ - Welcome Finance/IND Ltd

[londonjimmy]

Hi Everyone

 

I was hoping to receive some advice on a very difficult situation I have found myself in.

I suppose I will start at the beginning to give you all the details.

 

I took out an initial loan with Welcome Finance back in 2006 for £1500 which included PPI.

 

I then received a phonecall a year later after clearing half of it asking me if I would like a further loan of money,

 

I agreed and so the initial loan was repaid and I had a new loan of £3000 without PPI.

 

In 2008 I stopped paying this loan due for a number of reason

and effectively cut off contact with Welcome Finance altogether.

 

I moved to London and had received letters from them and statements right up until I think around 2011.

I had never heard anything in terms of debt collection agencies etc.

 

I moved to Spain in Dec 2011 and have come back to London just this month (August) ,

 

I applied for a new job and it turns out that a ccj was registered on 25/07/12.

The CCJ registered was for £3,551.

 

I contacted Northampton county court and they told me it has been transferred to Kingston Upon Thames court

and when I asked they said that was likely when the creditor is seeking further enforcement.

 

I called Kingston Upon Thames and they said that yes it is transferred to them

and if I was asking for it to be set aside I need to complete the N244 form and pay £80.

 

I then contacted Welcome Finance and explained that I would like to come to some type of agreement with them

so that I can ask the judge to set the ccj aside on the basis of never receiving any notice of the debt being reassigned

and also the fact that I had moved out the country and never received any judgement notices etc.

 

Welcome Finance said that they cannot deal with the account and that I would need to speak to IND Ltd.

 

So I called IND Ltd and said the same

– I’m not in a position to pay the full £3,551 within the 30 day time limit for the judgement to be automatically cancelled but I wanted to come to an arrangement with them to then ask the judge to set it aside.

 

I was told they wouldn’t accept any agreement .

 

Firstly I offered to pay a lump of £1000 and then pay £500 per month

and when she said there was no way I then asked about a discount

where she said It would need to be around £3,000 and full and final settlement

would be the only way to get the ccj cancelled.

 

Realistically what I wanted was to come out of the conversation with an agreed payment plan

so I could then ask the judge to set the judgement aside on the basis that Welcome/IND would agree no to contest

and the other reasons detailed.

 

I really don’t know what to do as I am in a catch 22 position,

I don’t have the cash to pay the full amount to make this go away

 

the problem I have is I have just had an offer for a position in financial services

which is my background but I know next week I will need to submit the credit check info for them

and I will not pass hence I will not get the job.

Does anyone know what I should do, how I should proceed with this? I would be grateful for anyones experience shared.

Thanks.

James

[londonjimmy]

No help here??

[havinastella]

Hi and welcome to cag!

 

You have 2 choices IMHO.

 

1) You go for the set aside, you do as directed with the N244. You do not have to ask Links permission and you should not talk to them on the phone ever, as they wull lie and cheat to get the maximum amount from you.

 

2) You accept the CCJ and make arrangements to pay it (although you claim back all the charges and PPI added) Once again this is done via the Courts and not link.

 

Jogs

[dx100uk]

get the CCJ set aside - end of - you were not in the country at the time.

 

on the PPI front.

 

i will be alot more than what you thik

as the PPI was 'rolled-over' into the new loan without a rebate

 

so two lot of interest were charged.

 

i bet also, that its not only PPI you have too

 

got the two agreements?

and ALL the statements ?

 

if not get an sar off to welcome PDQ.

 

this is one of inds favourite tricks BTW

 

y'll have heeps of PENALTY charges too.

 

prob enough to wipe the debt out.

 

dx

[londonjimmy]

Hi Havina and dx,

 

I know this post is old but quite literally this CCJ has messed up all everything for me afer I returned to London.

 

I worked in financial services and i am barred at the moment because of this ccj.

 

I didn't manage to do anything afer the ccj was registered in July as I had to go back to Tenerife

and try to sell my business due to not being able to work in London.

 

I am back with my head clear.

 

I am planning to submit a N244 to the Court asking them to set aside the judgement.

Shall I post my letter here that I was going to submit?

 

What I would like to know is this -

 

Currently I have the CCJ registered against me.

If the judge does set it aside, what happens after that?

 

How should I deal with the fact that I think there is PPI and charges rolled over from the first loan into the second loan?

 

Aside from PPI and charges, should i be disputing the debt at all and asking for them to prove it to me?

 

I did speak to Welcome Finance after the ccj was registered to try to negotiate payment to them

but they were not having any of it but I am wary they now have record of that conversation which probably means I have admitted the debt?

 

I am not sure what to do whilst asking the judge to set it aside. Any help would be gratefully appreciated.

 

Thanks

James

[dx100uk]

did you get the sar off?

 

yes you need to send in the form

 

you wre out of the country [you can prove this?]

 

if you can

then its a slam dunk set aside

 

you did not have the opo to defend, they got it by default.

 

in the meantime, you need to construct your PPI/charrges counter claim

to probably wipe the debt out totally.

 

2006 for £1500 which included PPI.

refinanced to £3000 without PPI.

The CCJ registered was for £3,551.

 

if you did the 2nd loan over then phone...did you ever sign anything?

 

get that sar done PDQ

 

dx

[londonjimmy]

Hi dx, thanks so much for writing back!

 

I haven't sent any SAR yet as I wanted to submit the N244 tomorrow to the court.

 

Shall I send a SAR off tomorrow to Welcome Finance too?

 

Is there a template section for these types of letters?

 

I can proved completely that I was living in Tenerife at the time and had received Spanish recidency.

 

In fact because of what happened in London with the CCJ and not being able to go back to work my wife and kids had to stay in the house in Tenerife

and we still have the property there so very much can prove I was out of UK.

 

2006 for £1500 which included PPI

refinanced to £3000 without PPI.

The CCJ registered was for £3,551.

The default balance was £2,602

And default date was 14/01/10

 

I think I actually defaulted in 2008/2009.

 

Very strangley, the CCJ was registered as £3,551 and this month the current balance reported to the CRA is £3,651

 

Funnily enough I think I did do it over the telephone and cant remember signing a new contract.

 

I am worried about sending SAR to Welcome Finance with my new address in London on it incase they send Baillifs or something.

 

Thanks a million

 

James

Edited December 13, 2012 by londonjimmy
CCJ figure correction

[londonjimmy]

Here is the submission I was going to put on N244 tomorrow.

 

Dear Sir/Madam,

 

A CCJ was recorded against me on the 25th July 2012 in Northampton County Court for the amount of £3,551. I would like to ask that you set aside this judgement for the reasons below and to let me defend myself against Welcome Financial Services.

 

I moved to Tenerife, Canary Islands on the 3rd December 2011 and have only recently came back to London permanently. I still have the house that we began renting in December 2011 in Tenerife which is coming to the end of our 1 year contract and we will be shipping our things back to the UK at the beginning of this January. I received Spanish Residency on the 21st December 2011 and have been living in Tenerife since then.

 

I am asking for the judgement to be set aside for the reasons below:

 

1) I did not know about the debt and have serious questions over the debt

2) I have not received any default warning notice or default notice

3) I did not receive 28 days notice in order to pay the debt

4) I was not living at the address or indeed, the UK, at the time of summons or judgement

5) I did not receive any summons

6) I was unaware of any hearing and could not defend myself

7) I did not receive any notification of judgement made against me

 

As I have said, I have recently returned to London and have applied for a position in Financial Services were I have worked for more than 10 years and which requires frequent credit checking. I am a qualified accountant and I absolutely would never put myself in a position were I could not do my trained work. I have two children to look after and a job offer now hanging in the balance because of this judgement. I would be very very grateful if you could review my application and let me defend myself against this company.

 

I have all documentation (and the photographs!) to prove that I was living in Tenerife and would be happy to give this to you.

 

Kind Regards,

[dx100uk]

Here is the submission I was going to put on N244 tomorrow.

 

Dear Sir/Madam,

 

A CCJ was recorded against me on the 25th July 2012 in Northampton County Court for the amount of £3,551.

I would like to ask that you set aside this judgement for the reasons below and to let me defend myself against Welcome Financial Services.

 

I moved to Tenerife, Canary Islands on the 3rd December 2011 and have only recently came back to London permanently.

I still have the house that we began renting in December 2011 in Tenerife which is coming to the end of our 1 year contract

and we will be shipping our things back to the UK at the beginning of this January.

I received Spanish Residency on the 21st December 2011 and have been living in Tenerife since then.

 

I am asking for the judgement to be set aside for the reasons below:

 

1) I did not know about the debt and have serious questions over the debt

2) I have not received any default warning notice or default notice

3) I did not receive 28 days notice in order to pay the debt [DN is 14days]

4) I was not living at the address or indeed, the UK, at the time of summons or judgement

5) I did not receive any summons

6) I was unaware of any hearing and could not defend myself

7) I did not receive any notification of judgement made against me

 

As I have said, I have recently returned to London and have applied for a position in Financial Services were I have worked for more than 10 years

and which requires frequent credit checking.

 

I am a qualified accountant and I absolutely would never put myself in a position were I could not do my trained work.

I have two children to look after and a job offer now hanging in the balance because of this judgement.

I would be very very grateful if you could review my application and let me defend myself against this company.

 

I have all documentation (and the photographs!) to prove that I was living in Tenerife and would be happy to give this to you.

 

Kind Regards,

 

welcome cannot take any retalitory action against you SAR.

 

only the COURT can send bailiffs.

 

and that would be after a hearing too, which you can attend.

 

get that SAR off...go get 'em!!

 

if you hold and click on the black underlined SAR it takes you there. post 6

 

dx

[londonjimmy]

Thats awesome dx - thank you.

 

My only worry was that Welcome would update my new address details then come looking for the money for the ccj whilst I am applying for it to be set aside.

 

Tks.

J

[dx100uk]

depends what the judgement box says.

 

if you made no arrangement to pay

nor if there is no PCM directions in the box

 

then tough.

 

dx

[JoJo66]

Hi james

Have just seen your post.

 

Hope its not too late.

 

My partner has a similar problem and the first we knew about it was when the claim was transferred to Bristol.

 

He had bought a car which was £5000ish through Welcome Finance at the time he was told the total cost was £7500ish.

 

He paid this back and cancelled the direct debit.

 

He heard nothing for 5 years until the letter came from Bristol Courts a CCJ had been entered for £9500ish.

 

I tried to get in touch with Welcomes solicitors, Hegartys, but they would not take my calls or answer my email.

I believe they no longer act for Welcome.

 

I did file a N244 and Bristol Court has been very helpful.

 

They issued a court order demanding that all relevant info inc. the claim be sent to my partner.

 

This arrived by the due date with a new demand from IND, who incidently have dropped the amount of the claim to £7500ish.

 

I would have thought that by virtue of the fact that you have tried to make an arrangement the Judge would look on it quite favourably,

but you do need to 'badger' the court to get your case pushed up the queue.

 

Having just received the paperwork from IND this evening I am about to write another letter to the court as it has numerous insurances added on that my partner was not aware of.

 

Plus hundreds of pounds of spurious fees.

 

Not sure if this is any help, but would definately suggest you file the N244

[londonjimmy]

Hi DX and Jojo - Many Thanks for the reply. I have prepared a N244 form to send by recorded post tomorrow.

 

I wonder if anyone could look at it and give me some direction. If anyone could please PM me and I will send over.

 

- PS - The reason there has been a substantial delay on this is because I ended up having to go back and do some work in Tenerife due to not being able to start my job here in London. So I have stated that I was unaware up until my date of departure from Tenerife to London permenantly again which was the 2nd of Jan 2013.

[dx100uk]

keep the form simple

 

you were out of the country when the CCJ was granted by default

 

send proof you were out the country

 

get that SAR OFF!!

 

we can do NOTHING to help you without INFO.

 

dx

[londonjimmy]

I really appreciate the input dx! Will get SAR off tomorrow too!

 

The one thing that I was worried about as you can see from my previous post was the first reason on my letter were I stated I did not know about the debt. I thought someone had said this to me to state this but now I am unsure.

 

Tks.

[dx100uk]

the crucial reason for set aside

is you were out of the country when the claim form was sent

 

you were out of the country when the default judgement took place

 

so were not able to defend youself.

 

had you known of either you would have contacted the relevent people/authorities

 

nothing else is necessary

 

dx

[dx100uk]

you should have sent that form off in august and the SAR!

 

you would have it all settled by now.

 

dx