Jump to content


Welcome Finance, IND setting a side uknown CCJ


eagerlyconfused
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2489 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Good morning all,

 

Firstly I am new to the site...so please be gentle.

 

Many moons ago, I was stupid! I took out a loan with WFS and naturally, like all good people did not pay it due to a number of reasons.

 

I acknowledge that I need to pay the dabt and am getting in control of my finances.

 

However, just as I start to get comfortable,

I received a Notice of Application for Attachment of Earnings Order in the post,

which refers to a judgement that has now been obtained against me.

 

 

I have spoken to the County Court and they have confirmed that a CCJ was registered against me in January.

 

 

Now this is the first I have heard of this,

I have received no documents to support this,

no opportunity to put in a defence and all "parties" involved have the correct address details.

 

I also served them with an SAR last year, which they did nothing with and cashed the £10 Postal Order as a form of payment towards the debt.

 

I really do not know what to do.

..I am now self - employed, support my whole family (wife and 10 month old daughter) and doing ok money wise.

But, with this CCJ against my name, is some considerable trouble!

 

I would be grateful for any help and advice - no doubt you will require some more information, so please ask away.

 

Thanks in advance all.

 

:!:

Link to post
Share on other sites

ok

first get a copy of the CCJ from the court sent to you.

 

 

have you moved since you took out the welcome loan.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If you could set this a side would you be able to offer a valid defence eagerlyconfused ?

 

Ignore the Attachment of Earnings for now...its not applicable to self employed.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks for the reply both -

 

In answer to the first question, yes I have moved house, however have always kept them updated with my new address - thanks DX.

 

In answer to the second question - this is a tricky one...there has been interest, fees etc added on to the debt, I dont know if there is PPI in there, I also asked for a SAR but they didnt comply...so I suppose, yes, but more realistically I would have asked for more time to pay? I am not quite sure. Andy, just to add, the courts recommended that I still completed it and sent it back?

Link to post
Share on other sites

Yes you must return the N56 within 8 days...but the completion depended on your response to my first question.If you intend to set a side the judgment then you can suspend the AoE due to your intended application...also you can state that you are self employed anyway.

 

If you wish to set a side the judgment you need submit an application N244 (in the legal library) and fee (£155) to get the ball rolling.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ahhh...just re-read your comment and looked at the N56 - I assume I put that information in the empty box on the bottom right.

 

:thumb:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Great thanks - I will get this sent off today!

 

Can I apply for the judgement to be set aside, based on the following grounds;

1) that I wasn't given the opportunity to write a defence, or ask for more time to pay it?

2) that WFS did not adhere to an SAR

3) That I have received no documentation from the courts or WFS in regards to the application for judgement (even though they had my correct address)?

4) That despite asking multiple times IND did not send me a DD to setup payments...meaning each time I paid, I had to pay with card and got charged 5% debit card handling fee on top?

 

Or is that to woolly?

Link to post
Share on other sites

a check to see what address is on the claimform might be useful

if its your current one

then you have a reason.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Have you ever made payment to IND? If no what date did you last acknowledge or make payment to the original creditor?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Okay...that rules out the statute barred angle assuming there was not a clear 6 years period prior to payment to IND.

 

Your reason for set a side will be ...bad service...none receipt of the claim.

The relevant CPR (Civil procedure Rules) is below which you should quote with your reasons to support your application

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

Read PD13.3 in particular.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...