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Trying to get CCJ Set-Aside. IND, Welcome Finance and Hegarty - lost set aside - help

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Hi,

 

My partner received a claim form NICPC on 29th June which stated Welcome Financial as the Claimant and Hegarty as the address for sedning documents.

 

My partner filled in the admission form with an offer to pay £50 per month.

 

This debt was last paid in 2007 when his relationship brokedown with his wife and truth be told,

he was not entirely sure that the amount owed was accurate,

but just thought it better to agree to pay and get it out of the way.

 

Without any other communication,

he then received a Judgment for the Claimant (after determination) saying that the claimant objected to the rate of payment he offered

and he was ordered to pay £213.96 per month by or before tthe 23rd August.

 

He then got a letter through from IND saying that he should fill out the attached DD form but as he has no bank account (and I refused to set a DD up in mine)

he contacted them and asked for their bank details so I could set up a standing order.

 

They refused to give the bank details and said that he could only pay by DD or Payzone. They sent through a Payzone barcode.

 

He got another letter through on the 1st August saying that the claim had been transferred to our lcoal County Court.

 

He made is fist payment on the 23rd August.

 

Another letter on the 29th August from IND with an attached Notice of Change of Solicitor to say that Welcome Finance are now acting in person.

 

Notice of Application of Attachment of Earnings Order dated 30th August to say that he had not paid.

 

He placed a call to IND who said they could see that the money was paid on the 24th August (was paid 23rd)

but did not reach the correct account until 4th September, so he had failed to pay on time.

 

I went to the court to return the Notice of Application of Attachment of Earnings (along with a lengthly explanation letter)

with the box ticked that we would like the order to be suspended.

 

The lady in the court said that we should apply to have the CCJ set-aside as we had had no chance to defend the claim.

 

We paid the £80 fee and filed the N244 application saying that he had had no chance to settle the claim or make further offers to pay more money before judgment was given.

 

Yesterday, received a General Form of Judgment or Order saying that his "application to set-aside judgment will be and is hereby struck out

unless by 26th September 2012 the Defendant files in court and delivers to the Claimant a fully particularised draft defence to demonstarte that he has grounds for defending the claim.

 

The details in the application to set aside judgment do not amount to a defence to the claim."

 

Can anyone help?

 

Do we have a defence,

or was the lady in the court mistaken?

 

Are they likely to grant the attachment of earnings even though we have proved (and provided receipts) that he did in fact pay on time? He has now made another payment (early) as well?

 

Thank you.

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Do you want to defend or do you just want to come to reasonable agreement on a repayment amount?

 

The two things probably need a different approach so advice will need to be given accordingly.

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Hi Bandit,

 

Well, we can actually afford to pay what they are asking, but I would like the CCJ set aside because if they had contacted him first without going to court, we would definately have paid it.

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Hi Bandit,

 

Well, we can actually afford to pay what they are asking, but I would like the CCJ set aside because if they had contacted him first without going to court, we would definately have paid it.

 

 

By completing the Admission you automatically get a CCJ against you. If you wanted to defend orignally you should have stated as such when responding to the claim.

 

This will make your set aside a lot more tricky but you can explain your lack of understanding about the procedures is to blame.

 

What was the orignal debt for and how much is the judgment amount?

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get an SAR off to welcome ASAP.

 

not sure what your cfedit with them is

but

99% of welcome 'debts' littered with unlawful £12 PENALTY fees for everything inc unanswered telephone calls

 

and

you need to look at PPI/life/GAP etc etc insurances

 

all of these can be reclaimed and/or used as a counter claim.

 

can you tell us about the original debt please.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi,

 

Thanks so much for your help Ganymede and dx110uk. I will get the SAR off tomorrow. Sounds like it could make interesting reading.

 

I will also plead his case to the court of not properly understanding procedure, because to be honest, I thought that if he admitted the claim, then the CCJ would not happen and he would just be permitted to make payments :( Wish I had found this site first now. Just one more question, do we need to send a copy of his defence to Welcome, or just to the court?

 

The original debt was apparently for a car from Welcome but he cannot remember if he had PPI on it or not.

It was a long time ago - about 2006.

 

He last made payment (before now) in 2007 when his marriage broke down and he left the country.

 

The amount stated in the first correspondence was for £4150.61, but when the judgment came through it said 'you must pay the claimant £4,161.53 (?) + £165 court fees'

and now he has been hit for another £100 for attachment of earnings issue fee

- so the debt now sits at £4426.53.

 

This does not include the two amounts he has paid because that seems to have been forgotten about for the moment by everyone.

 

PPI did occur to me, what with all the adverts on the tv lately.

I think the most confusing thin really is that there are so many people involved.

- that being IND, Welcome Finance and Hegarty

- who one minute are in the picture, then they are gone, then they are back again.

 

Thanks you all again - it really is appreciated.

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do we need to send a copy of his defence to Welcome, or just to the court?

 

 

 

Both. But wait until it has been set aside and you have an Order from the Court to file and serve a Defence.

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no confusion on PPI at all.

 

ALWAYS against the OC - welcome.

 

if its a car loan, he'll def have PPI/GAP/Mach breakdown etc etc.

 

oh cant wait that SAR!

 

Bet 90% of this can be wiped out.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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dx - you have made me actually laugh out loud - excellent. Your enthusiasm has rubbed off, and now I cannot wait for the SAR either.

 

Can you explain how the SAR differs from a CPR 31.14?

 

So easily confused...

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not that well up on cpr

 

but an sar gives you everything inc statements.

 

AFAIK CPR only gives you agreement or something

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Oh I understand - thanks so much.

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you can use a cpr31.14 when a court summons has been recieved, and you ask for all the things mentioned in the PoC, while with a sar you can ask for everything, but it costs £10

 

although sending a cpr31.14 to heggartis and ind is usually met with the excuse that this is a smal claims and therefore cpr31.14 is irrelevant, which is a load of bullsh*t, used by these (insert your own expletive)


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi PGH7447,

 

I see, so I am better off sending the SAR then. Good, all sent off yesterday along with the Statement to set aside the CCJ - watch this space...

 

Thanks again all.

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Hi all,

 

Well, I have not heard back from the court yet, so do not know if the CCJ will be Set-Aside or not.

 

However, I sent off the SAR on the 19th September to Welcome Finance quoting the Claimant Reference Number

(I have looked through all the correspondence and this is the only number quoted)

and this is the content of the letter we have received back:

 

"Using the information provided in your letter, I am unable to locate any account information for the above named person.

 

Please provide any further information you have in order for me to locate the account you mentioned in your letter.

This may include the customer's agreement number, customer number, address (if different) at the time of taking the agreement

or any correspondence the customer may have received from our company.

 

On receipt of the above information I hope to be able to investigate the matter thoroughly and respond to you promptly."

 

I have no idea what to do.

 

Do I reply or do I send this in to the court?

 

We have not actually received any correspondence from Welcome directly,

always through IND and this is the only reference number I can find on anything.

 

As I said before, this is the Claimant Reference Number quoted on every piece of correspondence we have.

 

Many thanks everyone.

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write back and state that if they are unable to recognise this number, which has been generated by their claim then obviously their is no account therefore, they have 14 days to act on the spurious ccj they obtained, and also demand their complaints procedure


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi PGH7447, thank you so much. I will do this tomorrow.

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Hi all,

 

Well, I have not heard back from the court yet, so do not know if the CCJ will be Set-Aside or not. However, I sent off the SAR on the 19th September to Welcome Finance quoting the Claimant Reference Number (I have looked through all the correspondence and this is the only number quoted) and this is the content of the letter we have received back:

 

"Using the information provided in your letter, I am unable to locate any account information for the above named person.

 

Please provide any further information you have in order for me to locate the account you mentioned in your letter. This may include the customer's agreement number, customer number, address (if different) at the time of taking the agreement or any correspondence the customer may have received from our company.

 

On receipt of the above information I hope to be able to investigate the matter thoroughly and respond to you promptly."

 

I have no idea what to do. Do I reply or do I send this in to the court? We have not actually received any correspondence from Welcome directly, always through IND and this is the only reference number I can find on anything. As I said before, this is the Claimant Reference Number quoted on every piece of correspondence we have.

 

Many thanks everyone.

 

have you moved in the last say 10yrs?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi,

 

Oh yes.

He has moved a lot.

He has lived all over the UK; in Europe and North America.

I find it very strange that they don't recognise the number that they have provided on the court docs though..

.

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then they may well hold data

 

they'll need a list of addresses from the loan date till today.

 

thats the problem with the SAR

 

if you tell them 'something' they'll narrow th esearch to that.

 

you need to give a list of all addresses.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Oh, I see. Okay, I will include them in the letter also. Thank you.

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Hi, just a quick update.

 

We have a hearng date to try to have the CCJ set-aside, that next Tuesday.

 

Apparently, I may not be allowed in and even if I am I will not be permitted to talk...!

 

still waiting to hear back about the SAR although they have written to my partner saying that

'whatever action has been taken, can be undone'

and would he like to discuss with them?

 

They were no help at all before and I think we will wait for the SAR documentation before contacting them.

 

Hopefully have some good news next time I post.

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Hi, just a quick update.

 

We have a hearng date to try to have the CCJ set-aside, that next Tuesday. Apparently, I may not be allowed in and even if I am I will not be permitted to talk...!

 

Anyway, still waiting to hear back about the SAR although they have written to my partner saying that 'whatever action has been taken, can be undone' and would he like to discuss with them? They were no help at all before and I think we will wait for the SAR documentation before contacting them.

 

Hopefully have some good news next time I post.

 

 

It is not your claim or your debt - it is your partners. He will have to do the speaking.

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We have a hearng date to try to have the CCJ set-aside, that next Tuesday. Apparently, I may not be allowed in and even if I am I will not be permitted to talk...!

 

 

This very short thread detailing a case where a husband was allowed to represent his wife at a hearing will probably interest you; http://www.consumeractiongroup.co.uk/forum/showthread.php?233755

 

A couple of years ago I successfully made an application, quoting that case, for permission to be able to represent my partner, stating that she did not understand the procedures etc. sufficiently enough to be able to defend herself.

 

I submitted the application (n244 ISTR) a week or two before the trial hearing but the judge heard it immediately before the main hearing. I think he had already decided that it would be OK and simply asked the enemy if they had any objection, to which the reply was "No".

 

Rob

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Thank you Rob.

 

My partner decided he had to do this himself

- worried me slightly because I have been dealing with all this for him.

 

Suffice to say, the judge would not set-aside the judgment.

 

He said that by paying the CCJ, my partner had not helped himself.

 

He asked what would have happened if he had not paid the CCJ and the judge said that a bailiff would likely have been sent around, or an attachment of earning order made.

 

So, I am, as always, confused really.

 

It seems as thought he was damned if he did, and damned if he didn't.

 

Anyway, we are another £190 lighter for the priviledge and now are still trying to get the SAR information from Welcome.

 

I just want to really say thanks to everyone for all the help you have given me so far. I would have been completely lost without you.

 

Will post again, with a plea of more help no doubt, when I get the info from Welcome.

 

Emma.

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aw thats a really judge lottery outcome.

 

did you otherhalf not bring up the SAR issues

and

the fact the you have no idea [and neither do welcome]

what agreement this CCJ was gained upon?

 

surely they must have had the agreement in court?

 

have you not found our anything more about the debt?

 

this smells.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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