Attend court for questioning - welcome finance

[jj7452]

No there is no signed second agreement and further to my post above they have admitted that in there witness statement

 

They basically refinanced the car without my signature which then incurred more costs we have been in dispute with them for years

[dx100uk]

then as post 48

you've never? put them to strict proof to produce it I bet!

for £10 its worth the shot.

 

 

but as I say I don't think this will/can be part of the hearing you have coming up

 

 

legal is not my strong point.

 

 

dx

[jj7452]

Not strict proof but have asked on numerous occasions has always been our argument

 

What makes my laugh is that we firstly requested a telephone hearing to sort this out

as I was working away and welcome didn't bother to attend and

 

 

when it was adjourned and a court date set

I last minute was called away and could not attend and ended up losing

 

Hate the company

have had nothing but stress and grief over this

just so annoyed that it has come to this

and the last thing I want is to have to pay them any money

but when you get a judgement the last thing I need is bailiffs

 

Might try to see if I can still appeal probably cost about £150

but as I said earlier I really don't want to go to court for questioning

as it feels like I am agreeing to pay them

and also do not want to disclose my financial position

[AndyOrch]

Hi jj..DX has asked I pop in on you.

 

If you could cast your mind back to November 2015...did you actually receive the Notice of Judgment for the claimant ?

 

Regards

 

Andy

[jj7452]

Yes we did and phoned the court straight away spoke to a clerk and she asked told us that as they hadn't set a date on the judgement for payment to wait till welcome contacted us

Fast forward to now and we receive a letter to tell us someone attending to issue a court for questioning letter so now not sure if we gone over time limit to appeal

[jj7452]

We thought that when welcome contacted us we would then let them know we would be appealing

Naive I know we should of done it straight away but not used to all this legal stuff - learnt a lot now though

[AndyOrch]

Which Notice of Judgment did you get N34?

[jj7452]

No it says general form of judgement or order

[AndyOrch]

There should be a number bottom left...this is important to be able to advise....N24?

[jj7452]

Sorry yes N24 General firm of judgement or order

[AndyOrch]

Ookay.....the N24 is a blank form of order or judgment

 

In most cases the Court will not decide on the wording of the order and either the winning party or his legal adviser will draft the Judgment or Order. This will be submitted to the Judge, who will review and approve it.

 

So you state that there is no payment arrangement in the wording.....does it not state forthwith?

[jj7452]

No the wording is the defendant do pay the sum of £.... In respect of the claim, the sum of £.... In respect of interest there in from September 2010 to the date hereof at the rate of 4% per annum and the court fees in the sum of £... (In total the sum of £....)

[AndyOrch]

Okay well you should have received a further Notice of Judgment...usually N30 with the payment arrangement...this can be set as monthly or Forthwith.

 

Moving on to the next stage (N39) this is what will be served on you re questioning by a server or court official.

 

You have 2 options....(the claimant/court has messed up here) you can either attend the questioning and wave the N24 in front of the Judge and state you never received the N30 nor ever been told what to pay by either the court or claimant...you can claim expenses for attending that hearing.

 

or you can submit an N245 now (fee is £50) and make offer of payment by submitting the I&E and your monthly offer.

 

Either way you will have to pay...or you can make application to set a side the judgment (N244) fee £155 and defend again...assuming you have valid reason to set a side and defend.

 

Regards

 

Andy

[jj7452]

Thank you for your advice

 

No nothing else has been received so yes they have messed up

 

We would like to appeal further as feel we do not owe the money they are requesting

 

Have we not gone over the threshold of time to still appeal

 

Also what do we do when this person visits the door with the order for questioning notice

 

Typical welcome finance not doing things the right way!!

 

We have lived in the same property for 15 years and they even sent a judgement to the wrong address a couple of years ago and probably sent many letters to this wrong address too

 

I hope we can still appeal as we have paid a considerable amount to them and where they are asking for nearly £6k by our calculations there is about £500 deficit but that could be offset in different charges

[AndyOrch]

Thank you for your advice

 

No nothing else has been received so yes they have messed up

 

We would like to appeal further as feel we do not owe the money they are requesting Set a side...all ready advised

 

Have we not gone over the threshold of time to still appeal Judgment was Nov 2015 so only 3/4 months old and they have given cause for the delay by not confirming the judgment pmts

 

Also what do we do when this person visits the door with the order for questioning notice Just accept it and look at the date and subject to how you wish to deal with this act on the above already advised

 

Typical welcome finance not doing things the right way!!

 

We have lived in the same property for 15 years and they even sent a judgement to the wrong address a couple of years ago and probably sent many letters to this wrong address too.

Well they know your address otherwise the server wouldn't have found you

 

I hope we can still appeal (set a side) as we have paid a considerable amount to them and where they are asking for nearly £6k by our calculations there is about £500 deficit but that could be offset in different charges

 

Andy

[jj7452]

Thank you for your help I will keep you informed and hopefully it is good news

[jj7452]

Do you feel that them not having a signed second agreement is sufficient to appeal - we of course do but they are stating we verbally agreed (to my knowledge do not recall) and therefore have no proof

It is so frustrating and when you are in our position you feel you are so right in appealing but we are so wrapped up in our belief trying to convince someone else is another matter

[AndyOrch]

Has the judge not already accepted...that the new agreement replaced the original ?

[dx100uk]

verbal agreement means nowt !!

 

 

go get 'em.

 

 

sar time sadly

that will speak volumes when the don't produce the forged 2nd agreement.

I can almost guarantee that was signed by a welcome member of staff

forging your sig.

 

 

if you look in the welcome forum

there are loads of the same tricks by them.

 

 

dx

[AndyOrch]

" On their witness statement regarding the second agreement this is what is written

 

A copy of the original agreement has been provided along with statement of accounts for both agreements. The claimant does not hold a copy of the second agreement however the second agreement provided credit to settle the first agreement. The defendant admits the balance owed on the first agreement "

 

But judgment was passed on the first agreement ...the signed one ?

 

Even if you prove you never signed the second...its irrelevant because you defaulted on the signed one?

[jj7452]

Has the judge not already accepted...that the new agreement replaced the original ?

 

Not sure what lies welcome told them at court we do know they said they never received our defence papers in time for the court hearing - wish we had been able to attend was so confident that them not having this second agreement that there would be no problem in winning

[jj7452]

" On their witness statement regarding the second agreement this is what is written

 

A copy of the original agreement has been provided along with statement of accounts for both agreements. The claimant does not hold a copy of the second agreement however the second agreement provided credit to settle the first agreement. The defendant admits the balance owed on the first agreement "

 

But judgment was passed on the first agreement ...the signed one ?

 

Even if you prove you never signed the second...its irrelevant because you defaulted on the signed one?

 

Judgement was passed on the total amount owing which because they are saying we signed a second agreement extra fees were added and we submitted to court how much we have paid etc and where they are asking for nearly £6k there is a shortfall of a considerable amount

[jj7452]

verbal agreement means nowt !!

 

 

go get 'em.

 

 

sar time sadly

that will speak volumes when the don't produce the forged 2nd agreement.

I can almost guarantee that was signed by a welcome member of staff

forging your sig.

 

 

if you look in the welcome forum

there are loads of the same tricks by them.

 

 

dx

 

As I said before we have all information welcome have on us as they had to supply us a copy of their defence for court which was all data on us

 

Thank you

[Ganymede]

Andy

 

I'm not 100% sure a set aside application is the correct procedure hear as from what I understand the decision was made at a final hearing and the OP had submitted a Defence etc. I think an appeal is more appropriate?

 

As for the payments, the default position if a payment date/schedule is not in the Order is that the monies and costs are payable within 14 days of the date of the Order pursuant to CPR 40.11 so I really don't think there is any argument that the Order was silent as to how it should be paid.

[AndyOrch]

So it is a forthwith then Gany as I first suspected ?