welcome allege son made payment

[theshuffler]

Sent them the reference number and got this in return

 

 

I am sorry but we do not have the forms you require. The matter you are discussing relates to a civil bill, a solicitor can assist you with the application. Or if you obtain a copy of the county court rules you could represent yourself and issue the forms accordingly. As we are not legally qualified we are unable to assist you further.

[noomill060]

Ask them where you can obtain a copy of said County Court Rules either hard copy or a www. where you can read them.

 

Id be gobsmacked if you can find them, coz theyre not on the NI courts service website. If they are theyre well FN hidden! Been looking for them for years.

[theshuffler]

Yeah Nomillo dont think they are that forthcoming , QUOTE Or if you obtain a copy of the county court rules ,

 

Looks like we know where they are but we dont think you can find them. They wont enter into much in the way of conversation , I imagine this process is a lot easier because the Belfast judge has already given the go ahead to proceed , his words to my son were , Contact the court and get the forms " whoever is helping you seems to have lots of experience and should be able to manage the forms " why say that when its just not that simple.

[noomill060]

What you could do, is write to the judge on person (c/o the courthouse) telling them that the NI County Court rules are no where to be found on the NI Court Service website, nor have court service staff been helpful in directing you to where the rules may be found and tell the judge that you are thus being disadvantaged in comparison with litigants in person in England and Wales, where the Civil Proceedure Rules and the setaside forms are widely available online on HM Courts Service websites.

 

Please could the Court provide the web address where NI County Court Rules can be found.

[theshuffler]

Good thinking Nomillo , maybe get a response with that. Happy Christmas to you and all the great people on this site.

[noomill060]

happy xmo to you too

[theshuffler]

Ok guys finally got someone in the court service with a bit of wit and the forms are en route to me , problem is we are due in court on tues , which is too soon for us , have a fax going to court in morning requesting adjournment for a further 3 weeks on the grounds that getting advice from the court service is like getting a break from a DCA

[theshuffler]

I was thinking today that welcome finance ignored my cca request posted 18th nov 09 ,

and was wondering are they deliberatley ignoring it because they have an idea that their agreement wont stand up .

 

 

I did recieve a copy from their solicitor after a phonecall to them ,

but doubt that she cleared it with welcome first.

 

 

I know i cant put the account into dispute as it is the subject of a court order,

however i know i can request the agreement under some other act , civil procedure , data disclosure ?,

because it is subject to legal procedures

 

 

i have searched a few hours and cannot come up with the act ,

just a thought that welcome cant ignore this one and maybe can push them into admitting they dont have an enforceable agreement.

 

 

One thing im not sure i mentioned in earlier posts ,

when this loan was taken out there might of been some realisation from welcome

as they didnt even try and collect payments for 6 months until my son phoned them.

[theshuffler]

Trying to delay things as long as possible to give my son enough time to get the money together to get a brief etc.

 

 

Just been on the phone to welcome regarding their failure to send me any paperwork ,

 

 

i have been asured it will be in the post today ,

 

 

i made a big issue of wanting the credit agreement with the signature in the proper box ,

 

 

to which i was told i would get.

 

 

wouldnt that be a nice turn up for the books if a properly signed one materialises.

[ODC]

Shuff have you contacted your local CAB or MLA as they may point you in the direction who a reasonably priced solicitor

[theshuffler]

Fired a letter off to the courts ,

stating that he would be applying for a setaside at a later date ,

and understood that the court still had to make a judgement .

 

 

Seeing as he was financially incapable of making payments they should go ahead with the charging order hearing

if the charging order was granted we wish to advise that it would be subject to an appeal at a later date

, this gives oodles of time to get some money together for a brief.

[theshuffler]

Its been a year now since this thread started ,

 

 

welcome have asked my son for payments and he has told them he can only afford ten pound per month

 

 

. Recently Welcome have requested details of my sons earnings from his employer which they supplied to them .

 

 

Is it legal for both Welcome to request them and for his employer to divulge such details?

[theshuffler]

Hi guys , been a while since I have posted .

 

 

My son got into a spot of bother with welcome near 6 years ago ,

 

 

with the debt about to become statute barred in the next few months .

 

 

He received a statement from them today alleging a payment to them which he did not make .

 

 

I know they are trying to stop the debt falling of his file .

 

 

How does he go about tackling this ?

[theshuffler]

Sorry just a bit more info there is a ccj which was obtained July 2009

[havinastella]

Has he paid towards the CCJ?

[theshuffler]

No payments made at all they have an order on his property

[havinastella]

So it really does not matter if he did or didn't make a payment

 

If they have a charge, the debt won't become SB.

[theshuffler]

So does the order last forever ?

 

 

I can't figure out why they claim a payment made when its no benefit to them , unless they want to clear it for him lol .

 

 

The ccj was got on dodgy ground but it was too late to fight as he was given no prior warning to the case and to late telling me about it ,

 

 

I think he could of won the case as it was a dual agreement where he had signed on the PPI bit stating he didn't wish to buy any ,

and hadn't signed the loan agreement section ,

 

 

they knew this and didn't try collect repayments for first 3 months until he phoned them to ask why .

 

 

At that stage he acknowledged he owed them money

[havinastella]

Just because they have a CCJ, it does not stop your Son reclaiming any charges/PPI etc on the account!

 

Has he done this?

[theshuffler]

He didn't take PPI

[p3t3r]

theshuffler,

 

Are you 100% sure there is no PPI? I ask because I have never taken any form of PPI because I didn't think it was worth the extra payments, though found out that PPI was added by my bank without my knowledge.

[dx100uk]

several threads merged showing the full story

 

 

dx

[dx100uk]

right just read the whole story

 

 

same you vanishes for a year then for another 4!!

 

 

so nothing happened with the set aside?

and the fact that the agreement was not even signed by him

did not trouble the judge and he granted the Charging Order?

 

 

also surely this should be a restriction as the property is in joint names?

not sure if that applies in NI mind.

 

 

the fact that they claim £10 was paid makes no odds.

 

 

it wont keep it 'on file'

 

 

infact the Account and the CCJ should have already dropped of his credit file

 

 

dx