14 year old welcome finance CCJ now Intrum chasing

[tezza1234]

Ok just done a search on the link above and its showing nothing

Final Report --- Nothing Registered, ok now just even more confused

[dx100uk]

could be spiders

batty

 

dx

[tezza1234]

So nothing on Experian and nothing on the trust online........ do i have a CCJ im confuzzled.

It seems i have as i have official court papers saying i have, but where is it recorded if not with the 2 above.

[brassnecked]

Step Change are wrong, it doesn't matter HOW the lack of contact occurred, after 6 years without a payment or acknowledgement it is Statute Barred end of, and you should be looking at how to put the finance company into the doo doo

[tezza1234]

Have you read the entire post lol

[dx100uk]

or p'haps not

this hearing is in your local court

it was transferred there by the claimant.

 

so the CCJ might not be finalised?

 

so evidence for set aside or defence needed...

did you get that sar off today?

 

think you might be able to get a 28day hold at the hearing

legal not my game

 

 

lets look at the cra lack of info

 

as batty said if it was defaulted more than 6yrs ago it would have dropped off now.

 

that payment worries me.

 

dx

[tezza1234]

Im not sure if the payment was more than 6 years ago though, 28 day hold for what.

[batty69]

99.9999999999% guaranteed you have a CCJ, court wouldn't be putting you through this without one.

But it does raise questions, and is a good indicator that that IND have been indulging in the dark arts again.

 

Your probably having trouble tracking down the CCJ, due to the court action being taken at another address.

Afterall where did the paperwork for the original claim go?

 

IND often use old addresses for claims, but it's not totally unheard of them using completely fictious addresses either.

If they have used a totally false address, you can get the set-aside on mandatory grounds.

 

This is another question for you to resolve tomorrow, what address was the claim taken out at ?

does the court have any other addresses on file for you ?

[tezza1234]

have just had some bemusing news after speaking to local county court.

 

The address the claim was taken out is my current address,

and they have no other addresses on file for me.

 

why have i never heard anything from northampton county court before it was passed to my local county court,

the first i knew about all this is when the people from my local CC came knocking.

 

Also i tried to get my credit report from Equifax and it wont let me,

they want to see all sorts of ID and this wont be done in time for Tuesday,

 

i was going to get this so i can see when last payment was and if indeed the CCJ was listed on there as its not my my Experian or trust online

[batty69]

This is strange and very critical,

without proof of not receiving the original claim,

no evidence of it being statue barred,

the judge is going to have very little time for you at this late stage in the game.

 

There is something very untoward going on here, no doubt IND has pulled a swift one on you.

 

Although you acknowledge the debt (leaving SB issues apart), you do need to challenge this in every way you possible can.

Because I can guarantee to you that the judgement amount against you has been inflated because you couldn't challenge it.

In my case it was inflated from £500 to £5k.

 

Also it does sound like you have come way in repairing in your credit record as a lot of your bad debts are falling off the system,

 

This CCJ sticking is going to put you right back to square one.

 

I'll have a think and see what I can come up with.

 

Anyone else any ideas ?

[tezza1234]

The thing is my Equifax credit record could be crap, i havnt a clue, My experian one is ok though. Is it worth e-mailing the IND email i got on the letter and asking for a statement of account via email, I really dont know.

[dx100uk]

certainly ind seem to have pulled the address dodge

 

anyway we can prove it

 

the judge might situp and take note of the known issues then.

 

dx

[batty69]

The thing is my Equifax credit record could be crap, i havnt a clue, My experian one is ok though. Is it worth e-mailing the IND email i got on the letter and asking for a statement of account via email, I really dont know.

 

You can try, but they will probably ignore you.

 

I've just spoke to someone at my court, apparently the court computer system does not keep records of previous addresses,

when an address is updated the previous one is deleted permanently.

 

That's the bad news,

the good news is that they keep records of all the letters they send out along with the address.

Ring the court back up and get them to open the previous letters they have sent you to try to obtain the address.

 

Probably the best letter you can ask them to open, is see if they sent you out an attachment of earnings form and see what the address was on that.

[batty69]

i.e. try the court again

[tezza1234]

I have been trying to phone the CC for the last 30+ minutes all im getting is a 'sorry but all our operatives are busy at the moment, please call back later'

 

Im thinking they have gone home grrrr

[batty69]

They are busy at this time, fri's afternoon are usually bad.

[tezza1234]

Ok Bingo, some big news, got through to the court and got to speak to the court officer who i will be seing on Tuesday.

 

He explained that tuesday is not about opening the case up or contesting anything, i can do this seperate,

its about my income and means.

 

Welcome did apply for a attachment of earnings which was dismissed as im self employed

hence why they have issued a request for a N39 which is for me to appear for questioning.

 

The list of documents i bring was requested by welcome and not by the CC so the guy just said bring what you can,

and anything you cant just tell me and ill take it as a verbal statement.

Its to prove i dont have the funds rather than i do have the funds but am refusing to pay.

 

He said it goes down 2 roads,

i can make a offer of payment and this will be sent to welcome for them to accept or decline,

or i can refuse to make a offer and explain why,

again this will be sent to welcome for them to decide what they want to do next.

 

I can make a offer, without prejudiced and still contest it at a later date.

 

One thing that was interesting is that the claimant is Welcome but its being taken care of by IND,

im still not sure who exactly holds the debt, the CC say they think it must be Welcome

, in which case IND cant apply for the CCJ can they.

 

Im alot more relieved after speaking with guy i am seing Tuesday, he sounded ok

, said will only take 20 mins its a basic form to prove ive got debt and no disposable income to pay it.

 

im am now well confused.com

 

Just speaking to Step Change again to see if they could give me any more info on the welcome debt

as they are the ones who managed to get it in the first place,

 

they used either call credit or equifax,

 

they cant tell me last payment or when defaulted ect...

 

but its on the record twice.

 

Once as a debt and once as a CCJ which is impossible.

 

They said its either a CCJ or a debt it cant be on there twice.

 

So something strange is going on.

Edited January 21, 2019 by dx100uk
merge

[dx100uk]

whats the matter with them!

 

the CCj will be listed

and the debt will be listed

 

they are in 2 separate areas of the CRA report

 

dx

[tezza1234]

they said that once a debt becomes a CCJ it moves off the Debt list, as its now a CCJ it cant be in both.

 

I dont know, just relaying what ive been told.

 

 

Seems odd also that the CCJ amount is 4,973,44 odd and the debt amount is 5,023,44 which is strange as on the court letter says under amount owing

 

4,973.44 plus the judgement creditor (welcome or IND) has paid a fee of £50 to issue the N39 so total debt now 5,023.44

[batty69]

Yes, tezza tues is not about the merits of the case, it's the enforcement action because you have already lost the case.

You are nearing the end of the enforcement processes.

The fighting of case has long gone,

you are trying to find an angle to have the enforcement action stopped and the case re-opened.

 

On Tuesday, avoid making any offers, as it will be game over.

Likewise if you refuse to make an offer the court is going to want a very good reason why.

 

 

Fact is you have no proof it's statue barred, no proof case was taken out at the wrong address,

as far as the court is concerned you have ignored every letter from them

and are only attending under threat of imprisonment.

You still had over 4 weeks since the bailiffs letter,

to try and get the facts together. It does not look good.

 

if it was that simple, then every debtor in the country would just ignore

and then when attending court under threat of imprisonment would say

"Yeah, it's not my debt, you get me ? so I'm not paying"

 

Courts are a big game and players like IND are experts, that's why companies use them.

[tezza1234]

Lets not forget it is a County Court and not a Criminal Court, and i am up before a Court Officer, Not a judge.

 

The court officer did say i could make a offer without prejudice and still fight my case at a later date.

 

The interesting thing was the court officer said If i make a offer, welcome have to decide whether to accept it,

If i dont make a offer the welcome have to decide what they want to do next, What else can they do.

 

If when on tues the court officer see's in black and white my outgoings outweigh my incomings then in theory i cant make a offer, unless of maybe only £1 a month,

 

Still then if welcome reject, what next.

 

Would/Could they apply for bankruptcy,

 

send the baliffs to clear my house,

take my car,

even though i am a council tennant with very little assets.

 

Ok,

not sure if this a good thing to have done but here goes,

 

I have just managed to check my file on checkmyfile.com and a CCJ of £4.973.00 is on there,

 

it also says this has been recorded with callcredit equifax and experian as of january 2013 and will expire in january 2019 so...

 

.... Why is this ccj not showing on my experian credit report which i obtained yesterday.

 

It also suggest my experian credit rating should be between 200-230 but it is 803.

 

Im confused as hell by whats going on, every where i look and im seeing different things.

[caro]

Just concentrate on Tuesday for now.

 

For info if you got a set aside this would mean that the claim is reopened so that you could fight your corner. You should be aware that if you lost you could end up owing a lot more in costs, so only do this if you are confident of your case.

 

I don't believe that you will be required to pay more than you can afford.

[batty69]

Sorry, thought you had an hearing. I must admit I'm not familiar with this part of the process, so others here will be better qualified on how to handle the hearing.

 

In terms of what happened in my case, I was totally oblivious to my CCJ till I was served in person with an attachment of earnings form by the court. Likewise, no markers about the CCJ or anything on my credit files at the time as well.

 

First thing I done, was track down the original claim form, from that I could prove that IND had given the court a false address and also turn their own PoC's on them to show it was statue barred.

 

Next thing, was fill in a N244 form and quote those facts concisely as grounds for a set aside.

 

Next thing, was write a letter to the judge marked urgent, asking for all enforcement action to be stopped with the evidence attached.

 

Judge then made an order, ordering all enforcement action to be stopped.

 

Judge then later granted a set aside purely on the grounds of the false address and awarded me costs.

 

Apart from the hearing you are attending, our cases exactly parallel.

[tezza1234]

Ok but what about Tuesday, what other things can welcome do if i do or do not make a offer.

[batty69]

Not welcome, IND! don't forget that, this obfuscation is part of their methods to prevent you getting at the truth.

 

don't take this as gospel, as having avoided this hearing in my case (By having the judge order enforcement action to be stayed), I'm not 100% certain of the procedure.

 

First thing is, and this goes for all things by the court, if you ordered to do something you must do it. I.e. Attend and take the requested documents you can find.

 

Tell the court officer, you are not willing to make an offer as you were not informed of the case and not had the chance to defend.

Your intention is to have the judgement set aside on the grounds that the claim was taken out at another address.

You will also be defending it on the grounds that you believe it to be statue barred.

 

Make sure you make it clear to the court, that you not willing to make an offer is not the same as you are refusing to pay.

 

While you are there, give the court officer the background to this regarding addresses (i.e. you never received anything),

and ask if they can locate original claim and address it was taken out.

 

point out to the court you would be willing to make an offer if you can be satisfied that there is nothing with the judgement. At moment you can't be.

 

You could also attempt to muddy the waters, by saying you can't even be sure that the claimants is who they say they are.

 

Could you post up all the docs you have so far ? (remember to redact all identifying info)

 

In my case I found that IND had signed loads of court docs on behalf of my claimant (who aren't welcome), but stating they were the claimant.

 

Something to remember regarding the set-aside, there is a clock ticking on this,

the longer you leave it to apply the more likely your request will be refused

without judge even looking into the merits of the case.

 

Some are known to kick out a set aside request if you take over a month from the point you discovered the CCJ.