14 year old welcome finance CCJ now Intrum chasing

[tezza1234]

Took a loan out 9 years ago with welcome finance for £2000

 

got into difficulty paying it back so stopped payments,

 

now 9 years on and 6 addresses later ive just had a letter at my current address from my local county court summon to appear before a court sheriff and demanding me to take a million documents, of which some i just cant get, its impossible.

 

Now i have been in touch with step change debt charity regarding my debts

and at present my outgoings are £230 a month more than my incoming and this is on basic living, i cant cut back anywhere.

 

Stepchange also told me that a CCJ was issued against me from Welcome finance in january 2013 and this local county court letter summons was to see if i could pay it all back, but obviously i cant.

 

What worries me more is the list of documents the county court has asked to see,

its huge, and half of it i dont have access too, and the other half ive probably thrown away throughout the years.

 

Really nervous what to expect to happen at county court.

 

At the time i took the loan with best intentions,

It was a unsecured loan,

but when i got in to difficulty i done the cut and run,

and 9 years later i have a county court appearance to look forward too, great.

Edited January 20, 2019 by dx100uk
Spacing

[Consumer dude]

When did u last make payment..

[dx100uk]

are you in Scotland?

 

dx

[tezza1234]

i last made a payment 9 years ago, and no im in south east england

[dx100uk]

sorry you said sheriff above..

 

ok if you not made any payment nor written any letters

 

me thinks this was statute barred whenthey went to court

 

and they served the ccj papers to the wrong address

 

not sure what you do now

 

but that's a slam dunk reason to get the ccj set aside and p'haps

kill the debt [as it should have already been killed

but the judge obv did not check any paperwork properly.]

 

dx

[tezza1234]

I was told by step change that it does not get Statued Barred unless you inform the company (welcome) of your change of addresses and they do not persue you for 6 years,

 

 

as i never informed them of my change of addresses the CCJ still stands.

 

I have been told to offer a token payment of £1 per month for the forseable as i can prove i am living on a negative balance each month.

 

Just the thought of a court appearance is terrifying, now i know its not a criminal court its a civil county court but still

[dx100uk]

what

stepchange is wrong there

 

doesn't matter if you don't tell a creditor you've moved!!

 

if the ccj was obtained 6yrs after you last payment or written ack

 

the debt was STATUTE BARRED when it went to court....end of debt!!

 

not even a JUDGE can unbar a debt.

 

unless there is something here we do not know.

 

dx

[tezza1234]

i thought it was written off after 6 years also

 

but when i asked stepchange they said did you inform the creditor you were moving address,

 

i said no i just panicked and ran and forgot about it hoping it would go away,

 

and they said the CCJ is valid as i didnt inform welcome i was moving,

 

so how was they supposed to chase me for a debt if they didnt have my known address.

[dx100uk]

if the CCJ was taken out WITHIN 6yrs then YES correct.

you could not setaside through purposeful serving to wrong address

as you did not tell them

however

 

IN THIS CASE [it looks like]

 

the debt was ALREADY STATUTE BARRED...END OF!

 

dx

[renegadeimp]

Stepchange are wrong. The debt is Statute barred regardless of what address they have for you. You need to get it set aside and state in your application that the debt has been statute barred for years and was statute barred when they applied for the CCJ.

[dx100uk]

the fact that the OC were not informed of the change of address deems the CCJ was served correctly...

 

a lot of convincing and back tracking will need to be involved here.

 

i'd pos phone the court in the morning.

 

and ask them what is best to do now

tell them you knew nothing about the ccj & that you have discovered the debt was statute barred in [6yrs fromyour last payment date]

 

see what they advise

 

dx

Edited January 20, 2019 by dx100uk
merge

[tezza1234]

Ok have just phone the local county court, what a waste of time that was.

 

I asked why a CCJ was issued as it should be Statued Barred and she said no yo'rer wrong i think, but im not legally trained so go seek legal advice,

 

The second thing which concerned me was the list of documentation the court asked me to bring,

things like 1 years worth of gas, electricity bills, well my gas and electric is on a key meter wherby i pay cash to put credit on,

so i dont get a bill monthly/quarterly ect...

 

she just said ohh just bring what you can,

 

they make this list of documentation sound like if you dont provide it your going to be sent down, but if you havnt got it dont worry.

I think im more worried and concerned than i was before.

 

As for the court letter, im just confused,

the origonal judgement/order was given at Northampton County Court on 11th January 2013 and has been passed down to local county court who did send a baliff round who told me to fill in a income/outgoings form and return to court within 7 days, which i did,

then this letter arrived which is a order to attend court for questioning.

 

it says that i the judgement debtor attend xxxx county court on xxxx at xx time before a court officer at xxx address to provide information

about the judgement debtors means and any other information needed to enforce the judgement or order.

 

I am to answer under oath any questions which the court asks or allows the judgement creditor to ask

 

the court where the questioning will take place may make a order for payment of the costs off the application of the hearing.

 

I must obey this order and attend and if i dont i could be sent to prison for contempt of court

[dx100uk]

right more of the story...so its not as you portrayed.....

 

it appears this has gone to court bailiffs, you didn't say that before.

i'll see if I can get help for you.

 

in the meantime

scan up what the bailiff left you please:

 

dx

[tezza1234]

I dont have anything the baliff left me,

this was 4-6 weeks ago and it was just a income/outgoings form which i returned to the county court as requested.

 

This form i have been served now is a N39 form.

It says i can take a legal rep with me, who can this be, can i get a free solicitor to go with me, will someone from CAB go with me.

 

The baliff was not there to seize goods or anything just to issue the income/outgoings form.

[batty69]

Surely this is just a straight forward set-aside on the grounds of being a irregular judgment as it's statue barred.

 

Shouldn't the OP be getting in a N244 for set aside,

 

write letter to court/judge asking for enforcement action to be stayed in the meantime.

 

And obviously unless told otherwise, attend court at the said time and explain the situation to the judge.

 

I think dwelling on that the OP moved address without informing creditors is not useful,

 

yes naughty naughty from OP, but extremely naughty for a creditor to seek a judgment on SB'rd debt.

[unclebulgaria67]

Suggest that a phone call is made to Welcome loans to find out when the last date of payment was and if possible that they send a email confirming this.

 

Then with the information file the N244 form asking for a set aside, with a request for any enforcement action to be stopped, while the set aside application is being considered.

 

For the hearing in regard to payment, you can just inform the Judge that you have applied to set aside the judgement and paid the relevant fee, so will await the outcome for that.

[tezza1234]

Can someone explain to me the 100% legalities regarding a statued barred debt,

how and when it becomes statued barred, im being told 4 different things.

 

Im worried to hell over this court appearance and

 

when i spke to Step Change debt charity they said keep calm, dont worry about it.

 

You can prove your outgoing are more than your incomings on basic living and you cant cut back anymore

and you have no assets of any value as such,

 

the N39 summons is just the court wanting me to prove i cant afford to pay it rather than refusing to pay it.

 

Step Change said offer £1 a month for the next year and the review.

 

It should be noted that i have £2000 worth of priority debts of which i am paying off which include rent arrears/council tax arrears

and i have 16k worth non priority unsecured debts of which 5k

 

is this welcome finance one.

[batty69]

Statue Barred:

If a period of 6 years elapses without acknowledgement of debt,

this can either be a payment or something in writing (from you) then the debt becomes statue barred.

This means it can't legally be enforced but the debt is still deemed to exist.

 

"legally enforced" is the key bit, i.e. it is not legally possible to incur a CCJ after 6 years. i.e. you should never have got that CCJ.

 

As said above ">6 years"="End Of".

 

Stop listening to this incorrect info you are getting from this charity

[tezza1234]

does it not matter that i did not tell the creditor of my change off address and done a runner,

what step change is saying is the CCJ is legal as how are they supposed to chase me for a debt if they dont have my current address.

 

assuming you are right and this CCJ was wrongly issued after 6 years,

now a N39 summons has been issued what are my next steps to sort this out,

 

Its not like i can go to court and tell them they are wrong for issuing a CCJ,

i doubt they will like that.

 

have just found out that Welcome finance are claiming last acknowledgment of debt

was 62 months ago (5 years 2 months) from when the CCJ was issued in January 2013.

So now im starting to think ok the CCJ was correctly issued.

 

Fact still remains my outgoing are £200+ more than my incomings per month

and i have priority debts which come first like rent/council tax arrears.

 

So what will happen in court,

 

i prove this and offer a token payment of £1 per month.

 

Will this really be accepted.

[batty69]

Does it matter if you don't tell your credit about move of address ? No

How does creditor chase a debt if they don't have an address for you ?

They are allowed to issue against the last address they have on file for you (i.e. the address you did the runner from).

 

--------------------------------------------------------------------------

 

However we are talking about your debt being Statue Barred under the limitations act,

it has nothing to do with your address, whether you did a runner or not, whether you owe the money or not.

 

It is purely about time, it's why it is called the limitations act.

 

Apart from the fact it is sensible to prevent enforcement after a great lengths of time, there is also another reason.

 

By law businesses and individuals are expected to keep financial records for 6 years, in some cases people are legally obliged to destroy records after 6 years.

 

Since legally we are not expected to keep records for 6 years, and in some cases have to destroy,

how do you expect someone have a fair hearing if there is no records available ?

 

Ok have just found out that Welcome finance are claiming last acknowledgment of debt was 62 months ago (5 years 2 months) from when the CCJ was issued in January 2013. So now im starting to think ok the CCJ was correctly issued.

 

.

 

Quick question, is "Hegartys" or "IND ltd" mentioned anywhere on your paperwork ?

Edited January 21, 2019 by dx100uk
merge

[unclebulgaria67]

Ok have just found out that Welcome finance are claiming last acknowledgment of debt was 62 months ago (5 years 2 months) from when the CCJ was issued in January 2013. So now im starting to think ok the CCJ was correctly issued.

 

Fact still remains my outgoing are £200+ more than my incomings per month and i have priority debts which come first like rent/council tax arrears. So what will happen in court, i prove this and offer a token payment of £1 per month. Will this really be accepted.

 

What acknowledgement of debt ?

 

Don't take their word for this. Was this actually a payment from you or a letter from you admitting that you owed the debt ?

 

I would still check into this.

[Trurider]

I agree it is Statute barred and any Bailiff could only enforce an order on the address on the Judgement not any other address.

 

As you don't live there - what are they going to seize.

 

They could apply for variation but then the issue of Statute barred comes up again.

 

I suggest you look up on the Internet - Limitation Act - Debts.

[dx100uk]

you need to SAR welcome or get them to provide the PROOF of what they are relying upon to say it NOT SB'd.

 

just on this and the CCJ...

 

the fact that thedebt 'was' probably statute barred at the time of the CCJ, makes no odds to the CCJ.

with the info that was available 'at the time of the CCJ', it means the CCj was properly served.

 

that's what SC are probably referring too.

 

dx

[batty69]

dx I see where you are coming from and agree with you,

 

however I have a feeling this CCJ will have been taken out by IND ltd,

and in the POC's they will have declared it as being statue barred,

well that's what they did in my case.

[tezza1234]

Quick question, is "Hegartys" or "IND ltd" mentioned anywhere on your paperwork ?

 

Hegarty's rings a bell from somewhere but im not sure why.

 

due in court next tuesday 11th June,

 

 

ive very limited time to be deciding if the CCJ was wrongly issued or can be acted upon,

im not going to bet anything in writing from welcome in 2 working days.

Its the court things thats bothering me.

This is a unsecured non priority debt which i cant afford to pay,

i am paying priority debts back which are important and could result in being homeless if i dont stick to.

 

Im not denying i ever had this debt,

i did and what i did by running away was wrong,

but ive matured since then,

but my financials are still a mess,

fact remains i have to pay rent/council tax and this welcome crap is causing the most stress.

 

Ill just go with what documents i can gather and proof of income/outgoings and offer £1 per month for the forseable,

maybe then at least i can be a little de-stressed, i just hope the court accept that