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


kmiah786
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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

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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.

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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?

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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.

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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

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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

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