Backdoor IND/Welcome Finance/ CCJ found after getting an interim third party debt order***Settled***

[AndyOrch]

Under no circumstances should you cancel a cheque or card payment to HM Courts and Tribunals Service. Cancellation of a cheque or payment could result in HM Courts and Tribunals Service pursuing the fee from you as a civil debt.

 

Aside from the County Court hearing fee, no other fee outlined within the civil fees order is subject to a refund. HM Courts and Tribunals Service typically only refunds fees where the court has made a processing error, ie the court have processed a claim or application even though you have requested that it should not be processed.

 

In instances where the court user has made an error no refunds will be approved. Please note the court cannot be held responsible for processing duplicate applications or claims.

 

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

 

So with the above in mind I would send a replacement N244 and change box 10 or speak to the court and ask can you submit an amendment to point 10 only.

[Pearlyj]

He has already spoken to them and e mailed to retract the application. They have confirmed no refund will be forthcoming so I guess thats the price we pay for that mistake

 

We don't want to amend it at this time due to us not knowing what paperwork (if any) IND will send to us. Don't want to stand in court and defend something that may not be statute barred

 

With regard to the Debt order hearing a letter has gone to IND asking them to contact the court and get it stopped as the account is now in dispute, a copy of that letter has also been sent to the court

 

I guess its a waiting game now to see what happens

 

IND told us yesterday that the last payment was 2010 but we don't think thats correct

 

Many thanks

[AndyOrch]

Better to amend it than lose the fee.....If IND state the last payment was 2010...what date was the claim issued...what date was the judgment passed.

 

What if you do get the information and it is in fact statute barred ...another £255 ?

[dx100uk]

Go ring welcome finance and ask last payment date

Don't believe IND....

[Pearlyj]

CCJ was September 2013

 

I understand what you are saying regarding the fee but as we don't actually know the correct last payment we cant put a made up date on the form and sign it as true, surely that would be inviting trouble if it turns out not to be SB

 

In reality if it does turn out to be SB and the CCJ was wrong then we would be able to confidently pay the fee again knowing 100% that we would get it back as IND would be in the wrong. If its not then we will have to pay the debt and deal with the CCJ in whichever way is suitable (I am presuming there is some sort of marker put on it to say debt satisfied)

 

Believe me the thought of losing this money is sickening but Im trying to look on the positive (hard as it is)

[Pearlyj]

Go ring welcome finance and ask last payment date

Don't believe IND....

 

I will get hime to ring when he gets home, I cant do it as its not my debt

 

Will this effect the CCA letter situation

[dx100uk]

Nope it's nothing to do with welcome they sold it on

Can't he do it now?

They'll be closed by the time he gets in?

[Pearlyj]

Cant ring from work unfortunately

 

Hopefully he will get an early dart and get home in time to call them, he hasn't got any account numbers though so hopefully they can trace him

[AndyOrch]

CCJ issued 2013...judgment or claim form?

 

There is a way of wording 10 that is none comital " to best of your knowledge or you understand.....or it is your belief...etc etc "

 

In the meantime ask the court again for a copy of the claim form...you require the particulars and the date of issue (Important because the date of issue will have bearing on the Statute Barred position.....the judgment can be many months after the issue.....so does not help in the calculation.)

 

Either Northampton or your local county must have the N1.

 

On the flip side if its not statute barred and you do legally owe the money ..paying it off will mark your file as satisfied or settled but will remain on your file until its 6th anniversary..xxx 2018

 

Once a judgment has been granted the judgment claimant is not compelled to respond to a CCA request....its at their discretion.

 

Additionally stating the debt is in dispute with IND will not necessarily stop the TPDO hearing of April...only the set a side would guarantee this....to which there is none at the moment unless the court progress the application irrespective of asking it to be retracted.

 

So lots to think about and do before making your next decision..

 

 

Andy

[Pearlyj]

I think we need to step back and have a think about this

 

I think amending this is now a dead duck as they have replied to the earlier e mail and confirmed that it has now been retracted (my brain is hurting with all this )

 

We also e mailed and wrote to them asking how will we know if its been cancelled and if we hear nothing does he have to attend, (still awaiting their reply)

 

this bit is worrying me now "Once a judgment has been granted the judgment claimant is not compelled to respond to a CCA Requesticon....its at their discretion"

 

They said yesterday that the account is now in dispute, is this not the case and again how will be know

[AndyOrch]

I think we need to step back and have a think about this

 

I think amending this is now a dead duck as they have replied to the earlier e mail and confirmed that it has now been retracted (my brain is hurting with all this )

 

Whats retracted ? The Application ?

We also e mailed and wrote to them asking how will we know if its been cancelled and if we hear nothing does he have to attend, (still awaiting their reply)

 

The hearing for TPDO ?

 

 

this bit is worrying me now "Once a judgment has been granted the judgment claimant is not compelled to respond to a CCA Requesticon....its at their discretion"

 

They said yesterday that the account is now in dispute, is this not the case and again how will be know

 

Dont believe anything the claimant states...only the court.The court must confirm the hearing has been vacated

[Pearlyj]

Whats retracted ? The Application ? - Yes

 

The hearing for TPDO ? - Yes

 

So if IND contact the court to vacate the TPDO hearing due to the account being in dispute (or is it as if its at their discretion) how will we know, will the court notify us

[AndyOrch]

Yes the court will notify if the hearing has been vacated......or you can ring and check?

 

Any refund for the application ?

[Pearlyj]

That was a definite no. It had already been listed for mid April

[AndyOrch]

Well technically speaking I suppose you could argue that the fee for an application is a hearing fee also...its not fair.

[Pearlyj]

Not fair at all

 

There is more sad news as the last payment according to Welcome was in 2009 which means its not SB

 

I suppose we. will have to consider offering a settlement amount and chalk it all up to experience

[AndyOrch]

You could pay them on the drip and make application to pay monthly.......but its another fee only £50 this time (N245)

[Pearlyj]

Thanks Andy some thinking to be done and its his decision to make

 

If he decides to go down the settlement route what would be a realistic offer to make do you think

 

Sorry to have wasted yours and dx100s time on this. Its been a leaning curve with an expensive glitch of our own making but hopefully this thread and its great information and advice will help someone else going forward.

[AndyOrch]

How much is the judgment for ?

[Pearlyj]

£4,100 including the costs

[dx100uk]

get an sar running to welcome there will undoubtedly be all manner of insurance and PPI that can poss be reclaimed

this will reduce or even kill the debt

[AndyOrch]

£4,100 including the costs

 

Start at 1500 rising to 2K see what response you get.....although they dont need to accept any settlement..they have a judgment and also a threat of a TPDO.

 

Just so you are aware they will have possibly bought your debt for less than 15p in the £ so say circa £600

[Pearlyj]

Now wouldn't that be nice dx100uk

 

I will get that sorted and hopefully all will not be lost (I will be claiming half of what he gets back for my fee)

 

Thanks for all your help

[Pearlyj]

Start at 1500 rising to 2K see what response you get.....although they dont need to accept any settlement..they have a judgment and also a threat of a TPDO.

 

Just so you are aware they will have possibly bought your debt for less than 15p in the £ so say £600

 

Thanks Andy, the TPDO states an account that hasn't been used for years and years, one would think their greed would prefer an amount upfront and not risk a monthly payment that could drag on for years

[Pearlyj]

get an sar running to welcome there will undoubtedly be all manner of insurance and PPI that can poss be reclaimed

this will reduce or even kill the debt

 

SAR prepared, signed, previous address added and copy of Council Tax bill attached to prove current address

 

Will post tomorrow