welcome allege son made payment

[theshuffler]

Hi folks

 

 

my son was taken to court by Welcome finance last year and they were granted a ccj against him for £4 k odds

 

 

he hasnt paid a penny off the debt because he realy couldnt afford too ,

im only finding out about it now as he has recieved a letter from the court ,

informing him that he has ten days to pay the full amount ,

or Welcome may seek an enforcement order against him.

 

 

He hasnt a clue when the loan was taken out , though its possible it was pre 2007 ,

 

 

What i need to know in a hurry is how can he stop Welcome getting an enforcement against him .

 

 

My thoughts are to request a copy of the agreement from them to asertain if they indeed have one

and if it is enforceable and also see if there are any charges on the account ,

 

 

assuming there are charges will Welcome be able to proceed to court whilst he is disputing the amount owed ?

If he does apply for the credit agreement and charges ,

should he write to the court stating that the amount is in dispute ,

and that all or any proceedings be halted until the matter is sorted.

 

 

This is kind of urgent guys , so a swift response would be WELCOME lol

[cerberusalert]

Was the judgement made in NI?

[ODC]

If it was a NI Court then he will soon hear from the Enforcement Of Judgements Office

[lickthewallfatboy]

If it was a NI Court then he will soon hear from the Enforcement Of Judgements Office

 

 

and if the staff member who visited me are anything to go by,they are brilliant

 

I tried to arrange a settlement plan with an entity who was threatening court-they didn't want to hear of it.The silly buggers got a CCJ against me-now they aren't going to get anything!!

 

result

[ODC]

Shuufler.

 

Until we know where the Judgement was granted we cannot advise further. If it was in Northampton then its not worth the paper its printed on and they will have to get it set aside. If its a Norn Iron one then thats a different matter. As LTWFB says the EOJ Office are very pleasnt to deal with and most helpful

[theshuffler]

Sorry guys it was issued in N.I craigavon to be precise

[lickthewallfatboy]

you need to get on the case as regards CCA and charges on the account etc

 

then apply for a setaside if the results are positive

[noomill060]

Unfortunately, your son only had 21 days from the judgement to seek a setaside, so its far too late now.

 

If they go for an Enforcement Order, the EJO will decide how your son will pay.

 

Nothing to stop him reclaiming charges +interest, etc-this will reduce the amount owed and may even pay the debt off.

[theshuffler]

Will get him to send off the usual requests , it might reduce the sum owing , though as he stands he cant see how he can afford to pay them anything significant each month , he is struggling to pay his mortgage every month as he is trapped in an 8 % interest rate for another year and a half .

[noomill060]

If he cant pay the whole lot, the EJO will send him an income and expenditure declaration and then a High Court judge (called "The EJO Master") will decide how much he can afford to pay and make an order to that effect. The Master will also decide how he will pay it. (Attachment of earnings, seizure of assets, charging order on his house, etc)

 

But he cannot ignore their letters any longer if he wants time to pay.

Edited August 31, 2009 by noomill060

[ODC]

Shuffler. Please tell him to deal with the EJO when they contact him. They are pleasant and reasonable to deal with. They will work along with him and try to get something reasonable sorted out.

[theshuffler]

Will do ODC but will make sure he tries to get any charges etc off the account as well

[noomill060]

That will require a small claim action.

 

Assuming you win, they will simply reduce the debt by that amount

[theshuffler]

Been a bit long on any new occurences ,

my son heard nothing from enforcement officers and has now received 3 letters from welcome ,

one addressed to him

the other to his wife and

a 3rd to anyone over 18 who lived in the house ,

 

 

Welcome have decided they will now go to court for a charging order on the property ,

they have given him 8 days to appeal against them taking the action .

 

 

This is unknown ground for me ,

i know i did read a letter appealing against a charging order on one of the many posts i have read here but god knows which one .

 

 

I think it stinks a bit that an unsecured loan can now be secured against a property ,

Surely the onus is on the court enforcement office to get in touch with him and assessing what he can afford to pay ,

seeing this hasnt happened would there be grounds for the courts failing to assess him help in postponing any charging order action ?

 

 

any help , or advice in a hurry would be appreciated as usual.

Edited October 11, 2009 by theshuffler

[noomill060]

Has your son contacted the EJO?

 

Has he had anything from a solicitor in N.Ireland?

[ODC]

I cannot understand what these Cretins are playing at. They got a CCJ so why are they not seeking to enforce it through the EJO. Time for your son to contact his MP. He must fight this attempt by these shysters. How were the letters posted to him. Did they use recorded delivery.

[theshuffler]

He has contacted the courts

they said they will be making arrangments to visit him at home ,

 

 

the solicitor representing welcome is N.I based .

I thought that a charging order was only made if you have failed to meet the repayments set out by the courts ,

as nothing has been set up are Welcome jumping the gun

or am i wrongly assuming they should wait until he has been visited by a court officer?

 

 

The letters all came in ordinary post ,

on the paper it says court service

when he phoned the number it was solicitors office

Edited October 11, 2009 by theshuffler

[ODC]

If he gets a visit from the EJO he will find them very fair and helpful. They will give him time to get things sorted.

 

A charging order isnt the end of the world. It just means that when he goes to sell his house Welcome get first divs on the profit after the mortgae is paid off. The way the property market is in Norn Iron they could be left with nothing

[noomill060]

The thing is, you needed to actually attend court at the original hearing in order to have repayments set up as part of the CCJ,. Because your son didnt go to court they got a CCJ for the full amount to be paid within 10 days.

 

As your son didnt pay the CCJ within 10 days, they can now go for a charging order.

[ODC]

Surely though the EJO should have got in contact with him when he didnt pay. Thats what happened to me and they gave me 6 mths to get it sorted.

[theshuffler]

So would it be possible to get the charging order put on the back burner untill the enforcement officer has had a chance to go over his finances ?

 

 

He is young with 3 kids and panicing over this ,

should the letters have come recorded?

 

 

Anyone have time to word a letter for him ,

outlining why they shouldnt proceed at this point?

 

 

Just a point on dates ,

the letter was dated 5th oct arrived 9th oct and states that he has 8 days from the date the letter has been deemed to be served in which to reply

 

 

, how on earth is he supposed to know when it is deemed to be served without recorded delivery.

Edited October 11, 2009 by theshuffler

[ODC]

If its just a charging order then there will be nothing done until he goes to flog the house. They cannot force him to sell the house.

[theshuffler]

I understand that ODC

 

 

i told him to sell it anyway and get one of the Executive so he can have a life ,

 

 

but it sickens me that he works long and hard to keep up the repayments on his mortgage

and they sit on their asses and reap the fruits of his labour

[ODC]

Why should he sell what he works hard to give himself and his family a nice home..

[lickthewallfatboy]

the EJO are snowed under at the moment

 

tell your friend not to panic(easy for me to say as I've been through it)

 

if your friend's house is under joint names,they can only place a charging order on the share of the equity that would be coming to him if it is sold

 

and the co only lasts 12 years and it expires

 

the fact that he has young kids is a BIG factor in his favour,believe you me