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

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Okay...so do you want to go through the application now ?


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That would be great, do I need to print off the form

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No click the following link and complete it on screen in a new window......run 2 copies. (Court & Your file)

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Top right self explanatory...I assume you are not getting help with fees (HWF) so leave that blank.

 

1 & 2 self explanatory

 

3..It is respectfully requested that the judgment dated xxxxxx as per claim number above be set a side pursuant to CPR 13.3 1a on the basis that the debt was already subject to the statute of limitation pursuant to the provisions of section 5 of the limitation act 1980 at the time of issuance of the claim.

 

I hereby give notice pursuant to CPR 72.6 (a) not to owe any money to the judgment debtor and request that the hearing dated 25.04.18 to consider the claimants application for a Interim Third Party Debt Order in connection to this judgment be vacated.

 

4. Yes

 

5. Without a Hearing

 

6. Leave blank

 

7. leave blank

 

8. District Judge.

 

9.The Judgment Claimant.

 

9a Leave blank

 

10. (Insert details of the debt and why its statue barred....last payment or acknowledgement etc. and the date the claim was served.

 

Sign and date (once printed)

 

 

Back shortly with your draft order which you will attach to the N244.


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Complete and attach to the N244 (2 copies)

 

#### START OF ORDER ####

 

In the ......... county court

 

Claim No. ...

 

Before

 

District Judge ………

 

 

Dated ……… 2018

 

 

Claimant A

 

and

 

Defendant B

 

 

 

Draft/ORDER

 

It is respectfully requested that the judgment dated xxxxxx as per claim number above be set a side pursuant to CPR 13.3 1a on the basis that the debt was already subject to the statute of limitation pursuant to the provisions of section 5 of the limitation act 1980 at the time of issuance of the claim.

 

I hereby give notice pursuant to CPR 72.6 (a) not to owe any money to the judgment debtor and request that the hearing dated 25.04.18 to consider the claimants application for a Interim Third Party Debt Order in connection to this judgment be vacated.

 

 

 

IT IS ORDERED THAT:

 

1. The Order be set a side pursuant to CPR 13.4 (b) and ©

 

3. Costs in this application pursuant to CPR 46.11 and 46.13

 

 

#### END OF ORDER ####


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A quick question regarding the order

 

is the County court referred to the new one that the debt order has come from and is the date in April or are these details from the original CCJ

 

Many thanks

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Two separate issues...the claim and judgment dates...and the TPDO hearing date.


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Also the top right is this the Northampton court and date of CCJ or new court and todays date

 

Sorry to be daft but Im not sure

 

im sorry but Im getting really confused with which court name and which date to but on each document

 

I dont want to send in the wrong thing so need to be 100% sure

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The N244 goes to your local county court...forget Northampton....with today's date


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The other issue (which may or may not be an issue as such is that when I have entered all the text you said into the box for question 3 not all of it is visible on a printed document as the box is too small and I cant make it any bigger, will that matter

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The other issue (which may or may not be an issue as such is that when I have entered all the text you said into the box for question 3 not all of it is visible on a printed document as the box is too small and I cant make it any bigger, will that matter

 

Attach a separate sheet (type in at 10 continued see attached sheet)


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Thats all completed and printed now

 

Do you know if you can make payment by phone or on line for this as Ive not had a cheque book for years

 

Many thanks

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Update

 

We have spoken to the court and there is a £10 charge for the information. They have said to e mail them with the request and ask that someone call us to take payment over the phone. they will then forward the requested paperwork

 

I am going to do this now

 

Many thanks

 

Well they said they would take payment by phone for your request above...ask if they accept the N244 by email (PDF) and payment.

 

We have requested without a hearing for now.....the fee is £100...if they insist on a hearing you will have to pay a further £155.


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I will get onto that right away and if we cant pay over the phone I will sort out an alternative method of payment

 

I cant thank you enough for all your help and knowledge, I will let you know how We get on

 

Thank you again

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Update

 

We have received a letter from IND today, no mention of our letter asking then to set aside just a copy of the order we already had from the court

 

N244 received by court and I have paid (had to pay the full £255 as they said that it would definitely have to go to a hearing)

 

I suppose we just have to wait now and I am presuming we will get something back regarding the court date in April

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Update

 

IND has contacted my husband today and it now turns out that this matter doesn't actually relate to an overdraft but to an old debt with Welcome Finance. Nowhere on the Debt Order does to mention them, only Santander. As you can imagine this has turned things on their head. Note of caution, always make sure you are dealing with the correct debt :oops:

 

He is pretty sure that this debt will also be statute barred but the timings are quite tight. After speaking to them today we have prepared a CCA letter and that will go off tomorrow, I e mailed them a copy at their request as well). They have confirmed on the phone that this now is in dispute so all action is suspended.

 

They told him that papers were served to him personally before the CCJ but this is totally untrue, they also said the debt is not SB but I suppose we will have to see what they come back with.

 

Now we will obviously have to contact the court as the application we put in is incorrect as we stated Santander overdraft, we will contact then tomorrow to get it stopped and hopefully get our money back. Hopefully the dates will be in our favour and we can make another application at a later date for the correct one.

 

As ever thanks for all the help and really sorry for the confusion. Will post back when I have news

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well it being welcome finance is probably a bit more to your advantage.

rarely are their agreements enforceable

so your hubby remembers this loan now?


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Okay so further to your PM

 

You must retract the n244 and request a refund.

Check whats happening with the hearing of 21st April TPDO. (only the court or claimant can stop the hearing)

Get a copy of the N1 claim form for this Welcome Finance CCJ.

 

And finally scout around at home and find some details of this Welcome Finance debt .

 

Regards

 

Andy


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Hopefully that will be the case dx100uk and yes he does remember this very old debt

 

Andy we will ring the court first thing and explain and write separately to both IND and the court regarding the hearing. Im not really sure what will be gained from the hearing as the account they are referring to hasn't been in use since approximately late 2006

 

Regarding paperwork I very much doubt there will be anything here TBH but we will look

 

Again many thanks to you both and really sorry for the cock up and the time its wasted for you guys

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Update

 

My husband has spoken to the court this morning and explained about the mistake on the N244 form, they were less than helpful and the woman he spoke to said there was nothing they could do now. Can this be right? The information is false on the application and he has told them so

 

He was at work so couldn't dig any further with them but I have e mailed them requesting it be stopped and have followed this up with a letter. We have also requested a refund but I doubt we will get that but surely they cant let the application carry on after we have told them it is totally incorrect

 

I am hoping that it is simply a case of the woman he spoke to being ill informed

 

An e mail and letter has gone off to IND also regarding the debt order hearing and we have copied in the court

Many thanks

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If the welcome finance debt is statute barred ...then let the application run...the application refers to the judgement/claim number...not what the debt actually is ?


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This is the issue though

 

He isn't 100% sure on that, the dates could be very close . Also he signed the application as true after writing the wrong debtor and dates of last know contact on it

 

I would rather get the money back now if possible just in case its not SB, we would then lose it and its quite a big amount

 

Presumably if they cant produce the correct paperwork after receiving the CCA letter we can apply again later to have it set aside

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Go ring welcome and ask last payment date?


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" Also he signed the application as true after writing the wrong debtor and dates of last know contact on it "

 

I dont follow ...I didnt advise any of that to go onto the application ?


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10. (Insert details of the debt and why its statue barred....last payment or acknowledgement etc. and the date the claim was served.

 

 

It was in response to Q 10

 

I entered Santander overdraft and last approximate payment date

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