WElcome Finance - Ccj & default for same debt - reclaiming?

[kmiah786]

I just recieved the documents back from Welcome Financial after the SAR Request.

 

Within all its contents, there no no mention of them sending me a default notice, no copies of the default notice nor have they mentioned the postal of such notice in the Account Collection Notes that they have provided.

It does mention that a Default sum notice was ISSUED on 02/01/2009 and the default was placed on my credit file on 11/05/2009, but I do not recall recieving any default notices.

 

What suprises me is with the SAR documents they have sent a Default notice dating 23/11/2010 with no signature and with my address wrong on it.

A letter is also enclosed stating the issue of the default notice also dated 23/11/2010, no signature and wrong or part address.

 

This has really confused me, why are they sending me default notices dating couple

weeks back with no signature and wrong address with the SAR??

If they have sent me a default notice BEFORE they placed it on my credit file, why did they not provide it with the SAR??

If the default was placed on my file in 2009, why are they sending one dating 2010?

PLEASE SEE THE ATTACHED LETTERS BELOW:

 

Default Letter.pdf

Default Notice.pdf

[postggj]

Error

[postggj]

How can a legal document like a default notice be served without prejudice

 

cretins

[kmiah786]

If its a error, can this be used against them, for example, to get the default removed or something, and what does without prefeduice supposed to mean?

[postggj]

Without prejudice means it cant be used in court without the permission of both sides

 

have you confirmed that a default status is on your credit file account and did you receive a dn for that default

[kmiah786]

I did not recieve any default notices.

The default is on my file as I have recently obtained my credit file and verifyed it was placed on my file on 11/05/2009.

 

The current status of this outstanding debt with them is gone to a stage where they have sent a Attachment of Earnings Order.

[postggj]

ATTACHMENT OF EARNINGS//

 

do you have a ccj

[kmiah786]

Sorry, my mistake, I meant CCJ.

Is there any way for challenging this debt? I wrote to the court over a month ago informing them of my circumstances and wrote to them that I have since changed employment, but couple of days ago my previous employer informed me that he recieved another AEO which he sent back saying that I no longer work there.

The court has not replied to my letter which has been over a month.

Shall I write to the solicitors who issued the AEO on behalf of welcome finance??? what shall I do?

[postggj]

ok then

 

when was the ccj obtained

 

does it say ccj on your credit file

 

who are the solicitors

 

any debt collecting agency involved

 

have you moved home recently

 

its unusual for welcome to go this much legal

[kmiah786]

I must thank you sincerely for you advise.

 

The CCJ was obtained as stated on my credit file on : 11/05/2009

The solicitors dealing are: Howard Cohen & Co Solicitors

There is no mention of the CCJ proceedings on the SAR return.

 

I have moved home couple of months ago and when i wrote to the court, I did inform them of this. The letter was sent by registered mail.

[postggj]

11/05/2009

 

had you moved home prior to this date (same address as on the agreement)

 

had you ever received an n1 claim form from the court

 

cohen is a nasty piece of works and likes to play dirty to get a ccj

 

we need to get this ccj set aside me thinks

[kmiah786]

I dont know of the N1 but I did recieve a form asking me to provide details of my income & expenditure which I did.

After that the court made a suspended attachment of earning order for me to pay £10 per month.

I always made payment in advance via cheque, 2, 6 months in advance via post dated cheques. When I made the 6 months advance payment, before the last 2 payments I went back home for some important matters and on return I totally forgot that the payments were due, I even lost the paperwork and did not know who to pay, where to send, so I sent Howard & Cohen an email requested such information which they did not reply to. After couple of weeks they called me saying if a payment is not recieved, legal action would be taken, I explained that I need details, they said they would post it to me.

Few weeks later, my employers informs me that i have a AOE!!

 

I moved home Sep/2010

[postggj]

Simple anwer to this is

 

we get the ccj set aside

 

thatslike it never exsisted

 

it will cost 75 quid on the grounds you never eceived the claim form

 

when was the first time you realised a ccj had been awarded

[kmiah786]

I realised I got the CCJ when I got my credit file in June 2010.

What are the chances that the CCJ would be set aside?

What will happen to the debt?

Wouldnt Howard & Cohen fight against it?

The claim form you mention, is it the one that I sent back with my income & expenditure on?

[postggj]

The i&e form would normally be post ccj

 

the n1 claim form is normally blue and is issued out of nothampton ccbc court

 

setting aside the ccj is up to a judge but non receipt of the claim form is a valid reason to set aside

 

the debt would still exsist but knowing welcome like i do ill pull there claim apart, with delight as cohen is involved

 

cohen will fight it

 

my score is five out of five with cohen

 

put in a decent defence and he will withdraw any action

[kmiah786]

Great.....

Honestly, I have been using so many forums but no one has helped me so much and gave me such hope.

 

Please let me know what I shall do to proceed with your paln.

[postggj]

check back tomorow evening and ill do a rough draft on the n244 form to set aside

 

i need you to get exact dates as to when you became aware of the ccj

 

when you started payments to cohen or the court

 

DO YOU HAVE THE WELCOME FINANCE AGREEMENT IN YOUR SAR

[kmiah786]

Yes I have the agreement.

Would you kindly give me your personal email address, so I can email you the agreement and any details or documents you require.

[kmiah786]

I have sent you the agreements.

[postggj]

do you have an actual consumer credit agreement

 

it will be headed for examle

 

personal loan

or fixed sum loan agreement regulated by the consumer credit act 1974

[kmiah786]

Didnt you find that in the attachments?

[kmiah786]

didnt you find that in the attachments that i sent?

I have sent it again to your email address.

[dadofholly]

Hi, Post may be bit busy as he usually has a lot on. Send him a pm and he should come back to you when he has chance.

[kmiah786]

I sent the agreement to your email address

[postggj]

the agreement posted is far to small

 

please re-scan and save as a j-peg file and send just the agrement to myself

 

any probs, just shout