Welcome Finance CCJ / reasons to set aside

[msted]

I'll be brief, and elaborate more if required

 

Have a CCJ as a result of a Welcome Finance loan that was defaulted on.

 

I completed the admission form offering to pay by monthly installments.

 

I would like to add that at the time of doing this I was dealing with a family illness,

I was highly stressed,

I barely recall completing the details,

I didn't read the small print due to panic,

and I had absolutely no knowledge of the system,

therefore no idea I had a right to look into this in more detail,

get more time, dispute anything.

 

I have made 3 monthly payments.

 

My bad for not reading the paperwork, but when you are in a panic, what do you do?

 

I have got myself a bit more emotionally sorted now, dealt with problems.

 

I have applied for SAR from Welcome finance. I believe there was mis-sold PPI as well as unlawful charges on the account.

 

If I can prove this is the case, do I have a chance of disputing the original amount and getting the case set aside?

 

I can't believe that I didn't read the form properly and have now got a CCJ.

 

My standing would be that had the amount been lower (i.e. without the PPI and unlawful charges) I could have cleared the balance.

 

Also I would want to add that I was so stressed and panicked for other reasons,

 

i could not properly and rationally deal with the situation, but not sure how much weight that has for an appeal to set aside.

 

Please let me know if you need more info to assist me. The judgement was a few months ago.

[ims21]

Thread moved to Legal forum where the guys will be happy to help as soon as they are available.

[dx100uk]

ok

 

welcome aboard

 

WHO took you you to court?

 

can you scan up the judgement please

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 figures and dates. {DO NOT USE A BIRO OR PEN]

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

.

is this the ONLY loan you have had with them?

 

post as much info as you want too.

 

welcome are renound for re-writing agreemnts and rolling over ppi/etc etc

 

what was the loan for too?

 

dx

[msted]

Hi dx, thanks for your reply.

 

The solictors filed the claim after they purchased the debt from Welcome.

 

When I said that I have applied for SAR from Welcome, I have done this but I have, as yet, not received a reply. 40 days is not up.

 

I will post back here when I have gathered all the information as you have suggested.

 

When you say

"welcome are renound for re-writing agreemnts and rolling over PPI etc etc" can you elaborate?

By that do you mean that they may have hidden it within the paperwork and I will not be able to figure it all out,

or that I have a good chance of finding something to go on?

 

I am guessing that family illness and blind panic are not good enough reasons to apply to get this set aside.

I know nothing about all of this so I really need to find a reason to be able to do this,

as I was not in the right place to deal with it all when it happened.

 

I will post back if I receive documents from Welcome.

If I don't get them or they can't send me anything I am not sure what to do next?

 

Thanks

[dx100uk]

WHO has raised the claim?

 

have you checked your CRA file too?

 

how old is this?

 

WHAT was the welcome debt?

 

hae you had any other acounts with them?

 

99.9% of welcome debts are LITTERED with PENALTY charges & all manner of 'compulsory' insurances.

 

any chance you can tell us the debt story?

 

dx

 

dx

[msted]

WHO has raised the claim? Hegarty LLP/IND

 

have you checked your CRA file too? Credit Ref Agency? – yes only CCJ noted on them. Should there be other details on there of the prior agreements?

 

how old is this? Can't be sure but I think the loan was taken out in 2006, not sure when defaults started

 

WHAT was the welcome debt? You mean the amount? I only have the amount on the CCJ, c.£4k. I have no other paperwork at the moment.

 

hae you had any other acounts with them? No, although I think that they offered me another load whilst I had the first one, so the first one got paid off with the second, larger one. It's all hazy, I can't be sure.

 

99.9% of welcome debts are LITTERED with PENALTY charges & all manner of 'compulsory' insurances. well that is good to hear, and hope I can unpick something

 

any chance you can tell us the debt story?

It's around 2006.

I took out the loan to pay for some travel, and it was completely affordable until I had to change jobs, and take a pay cut.

 

Somewhere along the line they offered me the second loan as mentioned above.

 

I subsequently fell behind with payments and then couldn't afford to pay them anymore.

 

I did phone them to tell them when I moved house the first time, but then I stopped hearing from them.

And moved on again.

 

Dates are hazy at the moment.

 

Next thing I know, it's 2012 and I have panicked and filled in the admission of debt form.

 

I know that I must owe them something, I just have no idea how much any nothing to back up the total they have claimed I owe.

 

I have no paperwork from Welcome because they probably never had my correct address and I kept nothing that they originally sent me – hopeless with keeping paperwork.

 

Things I have done so far:

Got a copy of the admission of debt form back from IND, I barely remember filling this in

Requested original credit agreement from IND. They said this could take 8 weeks

Written to Welcome with full SAR and payment of £10 for it

Requested any paperwork from Northampton Court

Is there anything else I can tell you right now, or does this all hinge on getting some paper evidence back? Shall I post back if and when I get things sent through?

Do you think I will have something to go on?

Thank you!

[dx100uk]

good.

 

right you might be lucky and get the earlier loan info too.

 

it looks like you prob had PPI+INT rolled into the second loan from the first without it being rebated

so had more PPI+INT , nice little reclaim there.

 

i dont think you'll have any luck in getting the ccj set aside though.

 

you received the claim form before the CCJ i take it

 

or was the first thing you ever got was the done & dusted CCJ?

 

in otherwords.. you KNEW they were going to court before judgement.?

 

what date is the ccj.?

 

dx

[msted]

Yes received the claim form and filled it in in a state of panic.

 

I had no time to look into this further and I didn't (or wasn't even in a fit state to) read the form properly or even investigate my options.

 

I was dealing with a family cancer. I had NO knowledge of the system at all.

 

Date on registry is end of June 2012.

 

Could I apply for set aside on the fact that I agreed with the original claim but now I dispute it? Is that worth a shot?

 

My defense: I would say that at the time of agreeing with the amount owed I did not have the knowledge, capacity or resources,

or time to gather the evidence to dispute the amount, and I acted in the most appropriate way I could at the time, i.e. to offer to start making repayments at £x per month.

 

Having been able to gather further evidence, I can now prove that the original claim amount was incorrect and should have been xxx.

 

If you don't think that would stand I will give up this line of inquiry,

but I have done a lot of reading over the last week and am trying to find successful cases that have happened along these lines.

 

Thanks

[dx100uk]

ok legal wise is not my strong point i'll ask.

 

dx

[dx100uk]

after doing some research

 

if we can prove most of the debt is reclaimable

 

you might be in with a chance

 

we need any info you have on BOTH agreements

 

lets hope welcome have them

 

how did you pay?

 

might their also be info from the bank statements of the A/C you paid both from...

 

 

dx

[msted]

If there is an iota of hope in this I will be willing to fight, and you have given me that.

I will also consider paying a solicitor to take this case on for me if it would add more weight to my claim, or be taken more seriously.

 

Question: If I went back to the claimants (the solicitor's who raised the claim, not welcome) and asked how they came to the total owed, would that raise suspicions that I was planning to dispute this? Or may it help? Or will they just go to Welcome to ask?

 

It would seem that I have have done all I can for the moment I will just have to wait now, and hope I am not one of those unlucky ones whose details 'went missing'. Not sure what the plan of attack will be then.

 

I appreciate all your advice, and will post back in hope that you will help me pick this up again when I have more info.

 

Thanks dx

[dx100uk]

certainly dont need a solicitor.

 

dx

[msted]

Hi... I need a bit more help on my SAR

I received a letter back from Welcome Finance noting my request for SAR and my fee.

 

It asks for some ID as the are unable to verify my identity.

I gave them my full name, DOB and the account number that the solicitors managing the debt repayment gave me.

 

What should I do?

They sold the debt to IND (I assume) so I would hope that they could identify me by a combination of the above details.

 

I have read worrying things about signatures being lifted.

 

I would like to respond with a sarcastic letter, but I also don't want to hold up getting the SAR fulfilled!

 

Should I just send them what they ask for or is there a template letter I can go back to them with.

 

Thanks!

[Guest]

re sar. you've given them the details so they should proceed. time starts from when they are deemed to have the required info to proceed. don't worry about sigs being 'lifted', unlikely.

yes, where a bank/creditor/dca is in usual regular correspondence with a client then further 'proof' should not be required.

eg, it is noted that you have asked for further id despite giving my dob, a/c number etc. if you consider that i am not the person requesting and you are unsure of my id and address then why have you been writing to me with personal account details at this address. this in itself could be a breach of the dpa. edit to suit. that should do the trick.

Edited December 20, 2012 by Ford

[dx100uk]

send them a utils bill

 

what are they asking for

 

a sig means nothing really that can change in a year.

 

dx

[msted]

The list of acceptable documents is as follows

Passport (photo page)

Driving License

Birth Certificate

Marriage Certificate

Firearms Certificate

 

It only needs to be a copy.

[Guest]

if you are happy to do so then do whichever, otherwise as per my post re a 'sarcastic letter' you mentioned.

[dx100uk]

pers i would send none of those

 

a current util or CTAX bill will do.

 

dx

[msted]

Thanks

I will ponder what to send them back

 

I am most concerned with why they need this info, but they are Welcome Finance after all!

[msted]

Right... quick recap

 

Looking for the faintest of hope of getting my CCJ set aside

 

Have sent SAR request; still waiting for this to satisfied.

 

I also asked IND/Hegarty for copy of CCA.

 

They said 8 weeks for this but after 5 I have it, along with a copy of the loan statement Hurrah!

 

I attach the CCA and the loan statement

 

Now, i did also previously mention that there were two loans.

 

I assume this was the second one that absorbed the first one – is that what load disbursement means?

 

Please can someone advise me of the next steps.

 

Do I need to wait until I receive the full SAR? or is this enough to start preparing the set aside form from?

 

Thanks

[dx100uk]

there is certainly ppi and all manne of 'compulsory insurances' to reclaim

this cost you £1418.07

PPI PCM = total cash price for ins / total cash price of loan * 100 = PPI PCM %

so:

1418.07/4662.02 = 0.304 * 100 = 30.42%

so:

30.42% of every payment you made was PPI PCM.

so of the 36 PCM payments you SHOULD of made of £216.97, £66 was toward the PPI {PPI PCM]

or 30.42% of any payment you made was PPI PCM

 

however you appear to of been paying only £55 per WEEK!!

going by the statements thats = £220PCM short

 

you have loads of AD HOC FEES - these are aLL reclaimable as with the PPI PCM payments.

04/07/2012 rev of int & fees looks interesting!!

they are up to something

also the numerous IND payments [whatever that is!!]

court fee ... urm me thinks that unlawful too [15/10/12]

 

me thinks they fleeced you BLIND

and the judge!!

did you attend court

did you KNOW it was going on?

you need to do a PPI spreadsheet

you need to do a PENALTY charges [ad-hoc-fees] spreadsheet

me thinks they owed you at the court date!!

dx

[dx100uk]

oh and you can prob add a '0' to your claim too

 

as it was a refinance

 

so i BET you have PPI on the old loan without a rebate

 

so

 

you had PPI+INT on the old loan un-rebated

 

then charged the same again more PPI + INT on the second [this] loan

 

you are going to be quids in and prob be able to get the CCJ overturned too

but you need the info on the first loan

 

dx

[msted]

Ok – great, thanks

The payments at the end to IND are who I pay now after the CCJ was issued. I thought they bought the debt but it looks like they just take the payment and pass on to welcome.

I paid per week, because I got paid per week

The PPI was mis-sold for sure. Couldn't take the loan without it. I have no recollection of the other insurances. As a renter I am not sure what I would do with the home-type insurance!

 

I guess the figure to work back from for now, is the date the account was put on hold 1/3/2008

A lot of the entries on the statement are duplicated or don't change the balance

 

Can I do any work on the spreadsheets now or should I wait?

Can you point me to where I start?

 

Thanks

[msted]

did you attend court – no

did you KNOW it was going on? – no, I haven't heard from them for years

you need to do a PPI spreadsheet – do you have a link?

you need to do a PENALTY charges [ad-hoc-fees] spreadsheet - do you have a link? Can't see these in library

me thinks they owed you at the court date!! – I am relieved that I have a little weight to my set aside claim, It's a start

[dx100uk]

ok so you knew nothing about the court case

 

no claim form to fill in etc etc

 

how did you first find out about the CCJ?

 

the spreadsheets are here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

it LOOKs like to me they are/have charged interest on the PENALTY charges

 

so use FOSCISHEET

 

put in welcomes int rate [42.6%]

 

id await the sar for the PPI

 

dx