Welcome finance ccj and a bailiff for unsecured loan

[postggj]

The ccj is not that old

 

12 MONTHS AGO

 

give me 5 minutes

[ims21]

What is this document which has been received from the court which you said you have received.

 

Please post it up so we can have a look at it.

 

Make sure you remove all personal identifiers first.

[postggj]

Ims21

 

sending a pm

 

I ADVISE AGAINST POSTING UP THE COURT LETTER FOR THE REASONS GIVEN

 

I am going to recommend that vilka phones Hagarty to see if they issued the claim and what address the claim form was served on

 

Any comments

 

Vilka

 

I would phone the debt collection agency most welcome accounts were passed over to administer

 

IND

 

Tell 08456704459

 

Ask them are they handling your account, and was a CCJ issued by the solicitors Hagarty

 

Ask them what address the claim form was sent to

 

I cant believe i have just recommended someone contact a DCA

[sequenci]

Here you go Post.

 

Info about time limits and suchlike: http://www.bailii.org/ew/cases/EWCA/Civ/2000/379.html

[postggj]

INTERESTING

(a) acted promptly when he found out the court had exercised its power to strike out or to enter judgment or enter an order again him;

(b) had a good reason for not attending the trial; and

© has a reasonable prospect of success at trial."

 

 

On point (a)

 

If Vilka had only just found out about the judgement via a letter dated from the court to her new address, is that a sufficient reason for the delay is not asking for the judgement to be set aside in reasonable time?

 

(B) B is obvious as the claim form was sent to a previous address

 

© Most welcome agreements and trading policy can be ripped apart if you know how

As stated, the judge can only say no, it might be yes

[VILKA]

I have spoken to them and indeed they handled the case and the claim form was sent to the address which is my address in 2008, thereafter I have two cahnges and the SAR and all the communications were received on the updated address. I can PM the dates of the claim form and CCJ date

[citizenB]

the op could look this up on trustonline

 

http://www.trustonline.org.uk/search-yourself/

[VILKA]

I did check couple of months ago and the door number is wrong and post code was ok at my current address

[postggj]

So we have now confirmed it was the DCA IND and Hagarty

 

You need to put in an N244 application to have the judgement set aside, this will cost £80.00

 

It will then be up to a judge to agree to this or dismiss the application

 

I can draw up a draft application but you need to fill out the n244 form , at the same time ask for the fee exemption form if on benefits or low income

 

The sooner this application is submitted, the sooner all action will cease as they have to deal with the N244 application first.

 

The judge may say no to set aside, yet he may say yes, and all that is at stake is £80.00

 

Its your choice now and i will welcome further comments

[VILKA]

As of now there is nothing registered at my current address when checked just now

 

o I need to convince my solicitors do it on my behalf or I can just go ahead and ask it to be set asid, also if we decide to go ahead for set aside, do we need someone to defend it with case laws or legalities or I can do it on my own if the solicitors have reservations, any which way I would be happy to do it, what would be the further course of action

[postggj]

To be honest, i have done two set aside myself a few years ago, it does not really need a solicitor, i am unsure even if your solicitor can now claim legal aid for his services

 

Your defence will be what has been submitted on the N244 form

 

Most judges are OK with a litigant in person and offer a lot of leeway

 

Judges use judicial discretion and make allowances. It is what is put on the application that counts. No case law is needed

 

I will always advocate using a solicitor if you can, its getting a solicitor to agree on legal aid that will be the problem

 

No matter what happens, you need to jump on this now, and get it dealt with one way or another

[VILKA]

also as per county court though they have issued warrant there is no letter or action from the bailiff as the court has inofrmed me today, when do you think the bailiff action should start, so that i can be over cautious

[postggj]

The sooner an application is put before the court, the quicker any bailiff action will stop

 

That is either a set aside application or a redetermination application

[VILKA]

looking forward to your able assistance, as always

[AndyOrch]

Thread moved to Legal Forum.

 

Regards

 

Andy

[VILKA]

Just a quick question, car on HP with Welcome purchased in 2006 has been scrapped in 2011. Other car is bought in the name of my daughter, who is not on the insurance, having me and my wife on the insurance which is on HP. It is used for the purpose of and registered as a severe disability of my wife.

 

Even if the letter has not been issued by the bailiff I wonder whether the bailiff can lay their hands on it.

 

Please guide me

 

also, can welcome chase &/or take up the matter to county court for the car loan which is also in dispute, despite that they have defaulted in first quarter of 2009, if so what is the remedy for that,as the car has already been scrapped in 2011, the loan was in 2006.

 

Postggj

 

Any updates for me please

[postggj]

Vilka

 

Do you wish to go with a set aside application ref the CCJ

 

I can see know other choice myself as they judge can say either yes or know

 

It will cost you £80.00, or if on benefits, low income, you can get a fee remission

 

But you have to make that choice

[VILKA]

As per our discussion I was waiting for you to advice yesterday and yes I am going ahead

[postggj]

I will have the draft posted up over the weekend

[VILKA]

Posttgj

 

Much appreciated the matter entirely rest on you as always and I will execute accordingly

 

Due to PC crashing have problems may be until tomorrow

[VILKA]

Postggj

 

sorry to be pain, just a bit more anxious as the pc started running about the draft

[postggj]

I will have it done by this evening

[VILKA]

Postffj

 

any updates for me please

[steampowered]

Hi Vilka

 

It looks like postggj hasn't logged on since 14 July

 

I believe you need to complete form N244 and submit to the relevant court. You are seeking a stay of execution of the order dated [x]; and an order that the default judgment dated [x] is set aside in accordance with CPR 13.3.

 

You should attach a witness statement to the form. The witness statement will be a short document explaining the circumstances to the judge - including details of when you first found out about the judgment and why you think you have a Defence to the claim. Am I right in thinking that much of the debt relates to PPI and charges?

 

Personally I think it is best to go down to the County Court to file the documents in person ... let the clerk know it is urgent.

[VILKA]

Steampowered,

 

Sorry to be away from the site, because of the ongoing hospitalisation issue of my wife.

 

After chasing for couple of times by the bailiff,

I have been in touch with my solicitors.

 

Surprisingly yesterday,

I have received second warrant of execution from the county court and subsequently from bailiff.

 

Now I have an appointment with solicitors at 3 pm today. what should be my stand now.

 

Also as said, PPI is certainly an amount of £1642 charged since June 2007 and my ccj is for £9000,

also worth noting here that the default amount was £5600.

can they go on adding capitalisation and interest thereafter thereon.

 

Please its a matter of urgency to get the monkey out of back.

whatever is genuine outstanding can be dealt with

but how to arrive at the correct figure.

 

Post was supposed to look into it,

but as it seems that he is away,

 

is there anyone from the site or any expert to guide me please