14 year old welcome finance CCJ now Intrum chasing

[batty69]

tezza, check your paperwork, if it's IND/Hegarty's behind this, there's a good chance we can this CCJ overturned and the debt written off.

 

What has happened to you, sounds very suspiciously what has happened to me.

So far I have had the CCJ set-aside, the debt written off and am now pursuing a claim against these shysters.

 

Think about this for a second, why is it they took at enforcement action your current address, but didn't take out the claim against it ?

 

They knew full well all along where you lived as they will have used a tracing agency,

they took out the court action at another address because they knew they were unlikely to win in court

should you have chosen to defend the claim properly.

[batty69]

Ok first thing, get your case number from whatever paperwork you have.

 

Ring up the court and quote said case number, ask them to send you the original judgement and claim form.

 

Also while on phone ask them to read the following and ask them to quote it verbatim, ask them for the claimants particular of claims.

 

At the moment we are stabbing around in the dark without this.

[tezza1234]

the paperwork says creditor welcome financial services Ltd, Kingston House 1410215712

 

But on the photocopy of the N316 Application it says Welcome financial services Ltd PO Box 1245 Peterborough PE1 9PX

with a ref no a fax no and a email which is [email protected]

[batty69]

BINGO!!!

 

Just as I thought all along it's IND ltd, you have NOT been taken to court by welcome.

 

Get your court case number, if IND ltd have used their standard template I reckon we can get you some statue barred proof before your hearing.

[tezza1234]

The only reference to xxx is the email address all the judgement creditor info says ...........

Ok i have a court case no is it ok to post it here

Edited June 6, 2013 by tezza1234

[dx100uk]

no

ring the court

 

as batty says and ask the questions

 

write it down

 

dx

[tezza1234]

have rang the county court,

they are sending me out the original judgement and claim form when i asked for them to quote it verbatim,

 

ask them for the claimants particular of claims they didnt have it to hand,

they said they would look for it and post it out with the original judgement and claims form.

[batty69]

Tezza I'm off out till this evening, when you post back remove any identifying information from what you post up, i.e. names, addresses, account no.s, amounts.

 

But we do need those Particulars of Claim, if you are to start fighting back.

[tezza1234]

What are particulars of claim, and they said they didnt have them to hand and they would try and find them and send in post.

Im never going to get anything sorted before Tuesday here am i.

I dont even really have a clue what i am doing.

[batty69]

We'll get something together for you, "particulars of claim" referred to on here as PoC's, this is the statement of case by the claimant.

All cases hang on these, the entire case is essentially fought around these, legally it's not sufficient to say "X owes Y", you need to contain dates, amounts, acc no.s etc.

 

Below is a typical template IND use

 

The claimant is the Assignee of a debt(s) from XXXXXXX Notice of Assignment was provided to the defendant by the claimant in writing.

Despite demand for payment the assigned debt (s) remains due.

The claimant complied with Section III and IV and Annex B of the PD of the Pre-Action Conduct.

 

And the Claimant Claims:

XXXXXXX Account number **************** balance of XXXXXX as of XX/XX/XX. Interest under s69 of the county court Act 1984 at the rate of 8% a year from XX/XX/XX to XX/XX/XX of XXXXXX and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of XXX AND Costs"

[tezza1234]

Ok the court has already said on the phone they will have to find this and post it out, what if they dont before tuesday, does it matter

[ploddertom]

I'll have a stab at what I think has happened.

 

They had known you had moved and also knew your current whereabouts but elected to put everything through your old address knowing they would receive Judgment in Default.

 

The Order you have to attend Court is no big deal really.

 

They obviously don't have a clue about your debts and in my view as long as you go prepared with maybe a Common Financial Statement

and some of the documents they have asked then all should be OK.

 

Even at this time you can say that it was SB at the time it was granted and I believe it is within the power of the Court to sort it there & then.

[batty69]

Ok the court has already said on the phone they will have to find this and post it out, what if they dont before tuesday, does it matter

 

Not completely critical, but it would be best to have all the info you can gleam ASAP. Basically it will make the judge more likely to stay the enforcement action if you already have something in the system, rather than you telling the judge you "plan to have it set aside, but are awaiting the relevant info".

 

Anyway, tezza this is what has happened to you, you have fallen in the grasp of IND. Doesn't matter their name is not on the paperwork that is whole point. they run the show in the background, despite whatever name, address you have shown on your paperwork you will find the PO box and phone no.s all resolve back to IND in Peterborough (Have a read through the threads about IND on here).

 

How IND work is they trace people down (Have a look on your credit record, see who has searched you, post up what you find). They then deliberately take a claim out at an old address so you can't defend and then change the address when they want to enforce Judgement.

 

One of the things that IND do, (Because you can't defend) is backdate the claim to the time the original agreement was taken out (in your case 9 years ago). The reason they do this is in order to claim extra statutory interest from the court. Since you are not able to challenge the claim as you don't know about it, this is then awarded by the court and is an extra bonus for IND.

 

NOW, this is why you need your PoC's, if IND as I suspect have claimed 9 years statutory interest on your claim by stating in the PoC's that you havn't paid a bean in that time, then it is statue barred by the claimants OWN ADMISSION.

 

If the claimant then tells the court that actually it is less than 6 years, then by definition you have a faulty judgement against you as the court has awarded 9 years interest when they should only awarded less than 6 years.

 

Either way, the claimant is fcuked as it's a faulty judgement. However this all comes down to if the claimant in the PoC's has attempted to get more than 6 years worth of stat interest.

 

I have yet to see one case on this board where IND has been truth full when it comes to dates as they always lie in order to claim this extra interest.

 

Any chance you could go to the court and ask to see the paperwork ?

 

Worse case scenario, you could possibly still put in a N244 form to have a set aside and rely on statutory declaration from yourself stating that the debt is statue barred. Although you need 100% certain this is true as effectively you are making a statement under oath. Can you dig through your paperwork to find the last payment ? or rack your brains for the last time you had contact over this debt.

[tezza1234]

Ok thers no chance of any paperwork not now, ive moved address like 5 times in the last 9 years, racking my brains and i doubt myself, this CCJ was made in january, so its got to be awfully close to the 6 year mark since any admission, i cant be 100% i was outside or inside.

 

Think i might need to head to the court and ask for paperwork

[batty69]

So you might have made a payment 5-6 years ago ?

[tezza1234]

I did make a payment over the phone once just once, and yes it may have been just within the 6 years but i really cant be sure.

[batty69]

Ok NP, but certainly don't go about making declarations to the court about something you can't prove yet (i.e. ignore my advice above about making such statements), likewise the judge wont be happy if you go in front of him with a lot of "mights, maybes, probably, possible etc)

 

you can track down this payment from your end ? i.e. check your statements, go online, ask your bank etc ?

 

If we are going to fight this on a SB'rd angle, we need precise dates. Just as the dates can be the fall down for the claimant if it's outside the 6 years, it can be yours if you are inside the 6 years.

 

Have you checked your credit record yet, to see if it reveals any thing ?

[tezza1234]

Ok i am looking for a paper trail, or anything, lets say worst case scenario this CCJ was served correctly, what will happen on tuesday.

 

I can prove my income is less that my outgoings, i can prove my outgoings cant be limited anymore, and i can prove i have priority debts and non priority debts. If i offer a token payment of £1 per month would this be accepted, Would bring me some relief in the short term.

 

Ok all i have from my credit record is what Step Change sent me, which is a list of creditors and amounts owed which i believe they got from call credit and it shows Welcome Financial. I only have 1 CCJ registered and i believe its registered with Welcome Financial although this is not 100% clear

[dx100uk]

can you get onto the noddle report that will give you payment history and its free

see below

dx

[tezza1234]

Noodle didnt work for me, would not tell me why just said no. I am on experian but they want £14.99 to view as ive already used free offer some years ago

 

OK ive just bit the bullet and paid the £14.99 to experian, now what it has revealed is odd.

 

My credit rating is 806 which is fair, the highest its ever been before is 420

 

There is nothing i can see on there about a CCJ and nothing about welcome finance or this other lot. Now im really confused.

 

Is it possible that the welcome finance one might not be on Experian but might be on Call Credit or Equifax,

i thought Experian was the main and best one.

 

There is no record on there of any ccj's

[batty69]

Not too confusing, IND normally only chase debts were the credit rating is reasonable.

they seek out people who had credit problems years ago whose finances have since improved (or they think have improved).

They wont bother with their shenanigans if they think the reward at the end is going to be £1 per week, as it would take them bout 10 years to get their initial outlay on the case back.

 

But if your credit score has improved, it sounds like your default will have dropped off.

This indicates the debt is over 6 years (this is an example where data has to be destroyed after 6 years), although not absolute proof as you could have still made a payment after the default date.

 

Can you check to see who has searched you ?

the route I'm going with this, is that if they searched your address before the claim, but didn't after.

Then this is an indication they knew your address all along and only switched the claim to your current address to carry out enforcement.

This in itself is a ground to have a set aside granted.

[tezza1234]

I have some old catalogue accounts which are showing as default and the only company showing as searched on my experian credit profile is Lowell Portfolio and Barclays

 

It is rather odd to me as it says this

 

Number of credit accounts (including those settled) 14

Amount of outstanding debt £0

Number of missed or late payments in the last year 0

 

Of those 14 --- 5 are settled and 6 are with Lowell as Default the other 3 are in default with other people none of which are anything to do with Welcome.

 

and on my Public Records Information where it should have the CCJ it says None.

 

None of this makes sense to me unless all my debtors are spread across the 3 main providers, so my experian looks ok but my equifax score could be a lot lower, i dont know how it works.

[batty69]

Probably this, at one point I 999 at Experian, no defaults, no DCA searches.

Equifax was trashed, had 30+ tracing searches from DCA's in 1 year.

 

I don't think Experian is as thorough as Equifax, DCA's know this so don't use it.

[dx100uk]

batty its amazing how you've got on over the short time here great great info

 

..

tezza sadly theres only one way to actually tell [CCJ wise]

 

www.trustonline.org.uk

 

more cost but this is from the courts direct.

 

didn't want you to do the fee payers as they usually specific to certain 'dca's'

[they are rumoured to be owned by some ex employees]

 

noddle is free and collates info but is sometimes out of date

but its old payment details we need here.

 

dx

[batty69]

Lot of guests reading this thread, How are you Julie ? Have you got my cheque ready yet?

 

Tezza, In case your wondering what that about, IND read the threads on here.