Westcot/Provident Loan CCJ - Set Aside?

[reallyunsure]

Hello,

 

My first post on here so please be nice I was hoping that someone might be able to help me with what to do next? I ordered a credit report and there was a CCJ on there that was added in July last year at a previous address that I moved out of nearly 6 years ago and since August 2007. I contacted the Northampton Bulk Centre to find out what is was for and they informed me that is was to do with a company called Westcot in relation to Provident Personal money agreement.

 

I asked how this was possible with no notice or paperwork sent to me, and they suggeseted that I call Westcot to find out, I googled CCJ/Westcot first and came across this site reading some of the posts prompted me to post this before making any contact with Westcot. The court also advised that I may be able to apply for a set aside on the grounds that I didn't receive any paperwork.

 

I have kept some of my old credit reports from as far as 2010 and there was nothing on any of them for Westcot or Provident not even a default notice of any sort.

 

So my qustion is what are my next steps? I am looking to move house soon and I'm afraid that this may stop me from securing a property.

 

Shall I apply for the set aside and also contact Westcot about what it is they have in relation to this debt? If so what's my best approach and any help on filling in the N244 form would be much appreciated.

 

Thanks very much

[unclebulgaria67]

Yes you can complete the form to ask for the set aside on the basis of not receiving the claims form from Northampton. You would need to add about when you found out about the CCJ, as you are expected to request a set aside promptly after finding out about it. So don't delay making the request.

 

It would also help you as to what your address history has been on your credit record. If the credit records have been showing your current address for sometime, then there can be no excuse for Wescot to use a old address, as Wescot would have checked your credit record.

 

At some point, you may have to attend a hearing at your local county court about the set aside, so you should also start finding out details of this debt. It may be worth sending Provident an SAR to obtain all the details from them including copy statements. These should show what interest/charges were applied and when you last made a payment.

[reallyunsure]

Thank you unclebulgaria. I found out about 3 weeks ago but I haven't had the extra money until now to pay for the court cost of £80. So I'll send that off tomorrow. My address history on my credit file shows my current address clearly and has done since I moved in as my bank is linked also I have been on the E Roll for the last 5 years.

[reallyunsure]

Sorry also how would I pull together a SAR and should I send that to Westcot as well?

[unclebulgaria67]

Sorry also how would I pull together a SAR and should I send that to Westcot as well?

 

Westcot probably won't hold enough details to make it worth it.

 

As for the SAR, click on SAR which has a link connected to a letter and just amend it to suit. With original creditors, it is worth specifying what you are expecting. e.g copy of loan application, copy of CCA, copies of all statements of account, copy of any default notice issued.

[reallyunsure]

Hi, Can someone please confirm whether there is any onus on Westcot to provide details of any type of credit nagreement or instruction they have acted upon. Or whether at this point I should just deal with the court and the provident company?

 

I'm a little confused as to how this works?

[unclebulgaria67]

Now there is a CCJ, the credit agreement is pretty irrelevant. Westcot have got a court judgement, saying what you owe to them. Provident would have assigned or sold the debt to Westcot, so as owners of the debt they would have had full rights to issue the court claim and the judgement is in their favour. You are dealing with the court and Westcot in regard to the CCJ.

 

But when you apply for a set aside, it does not mean this all goes away. Hence why you might want to SAR Provident, so you can see what grounds you can use to defend any subsequent action by Westcot.

[reallyunsure]

OK so to clarify, the set aside is on the basis that I recieved nothing from Wescot, aside from that process I need to contact provident with a SAR to find out where all this orginated from and Westcot don't need to provide anything to me or the courts?

[unclebulgaria67]

Your set aside is on the basis of Wescot using an old address that you have not lived at since xxxxx. so no correspondence from Westcot, Court claim or associated paperwork has ever been received. Your current address has been on public record with the credit reference agencies throughout the whole period, so Wescot should have had access to the correct address information, when applying for the court claim. You therefore request that the judgement be set aside. Also add a note about when you first found out about the CCJ. e.g on checking your credit record on x date.

[reallyunsure]

Brill, thanks for clarifying, and apologies for asking so many questions!

[reallyunsure]

Can someone help me with an SAR please? Is this the same as a CCA request?

[unclebulgaria67]

Already answered. Click on SAR, amend to state what documents/info you want and send the letter to Provident. A CCA request is a formal request under the Consumer Credit Act for a copy of your Consumer Credit Agreement, which should have been supplied when the loan was arranged. The debt owner would have 12+2 days to provide a copy of the CCA. But you have a CCJ, so it is not really relevant to you at this stage. The debt is now in the form of a court judgement.

[reallyunsure]

Hi, I am getting ready to send my N244 off but just a had a couple of questions before it's signedsealed and delivered.

 

I have added the a brief explanation as to why I am seeking a set aside on question 3 of the form, on question 10 it asks about the information I will be relying on, is it here that I would expand on the situation and provide more information about the fact that I'd not recieved any claim or judgement to defend as everything was issued to an old address, if so would this be deemed a witness statement, the statement of cas eor the evidence set out in the box?

 

Should I also ask the court to provide me details of the original claim form?

 

Thanks Caggers

[unclebulgaria67]

You are always best to speak to your local county court about these forms and to make sure they receive them, by taking them in person. If you have any questions about whether what you have completed is adequate, they can answer and suggest what extra info should be entererd if necessary.

 

To be honest I don't know what is best practice for completing these forms for a set aside. Have flagged with site team.

[citizenB]

All documentation should have been sought in advance anyway in preparation of the proposed defence.With regards to section 10 the OPS' date='s statement is correct with regards to evidence but could have been more substantial with the use of the original judgment details.[/quote']

 

Does this help ?