14 year old welcome finance CCJ now Intrum chasing

[tezza1234]

Ok, but lets assume a worst case scenario,

i like to be prepared of what to expect.

 

Lets assume the CCJ was issued in the correct time frame and its not statue barred.

 

IND have already attempted a attachment of earnings which was refused as i am self employed.

I have priority debts of 2k which i am paying back, and non priority debts of 17k of which 5k is this welcome/IND ccj.

and i live on a negative balance each month and do not have 1 penny spare.

 

What can IND do next to try and recover any money.

 

Im thinking they might try and apply for bankruptcy

or send round baliffs to see if i have anything of value, which i dont.

[batty69]

Doubt they will try for bankruptcy, most DCA's run a mile at the mention of bankruptcy.

 

Conversation I had a with DCA a few years ago.

 

Me: "I can only afford £5 per month"

DCA: "We want £50 a month or we take you to court"

Me: "If you take me to court, I'll declare bankruptcy myself"

DCA: "Ok we'll take the £5 a month"

 

One thing to remember with the bailiffs if they go down that route, any of your possessions which are required for your self-employment are exempt from being taken away.

[caro]

Have the court asked you to take an income and expenditure sheet? If not I think you should take one anyway. It would be unfair for welcome or whoever to get more than their share of any available income compared to other creditors.

[tezza1234]

Yes they have, but as mentioned, even on basic living, i am on a negative balance each month i.e £1000 coming in and £1200 going out. In theory even if i did want to i cant afford to pay any of my creditors.

 

can someone confirm to me please how i can find out when last payment was made on this CCJ account.

 

the default or ccj is not on my experian,

its not on trustonline,

there is a record of the ccj on checkmyfile but no dates and i am unable to get on equifax or call credit at the moment.

[dx100uk]

noddle cra file usually shows payments and is free.

or pray that sar come thru quick

dx

[tezza1234]

Noddle didnt work for me

[tezza1234]

now im even more miffed.

 

 

Just signed up to call credit.

Entered card details ect.... then this message

 

'Thanks Terry, you have now taken the first steps to taking control of your finances,

We are currently working to resolve a validation issue on your report.

Please bear with us and we will contact you as soon as this issue is resolved.

Thank you for your patience.

 

I mean come on, this credit report could be my savoir, please lordy give me some luck

[tezza1234]

had my Court Appearance this morning, 11am appointment seen at 11.40am great start.

it went ok,

 

the court officer did not even ask to see my documents, even though he signed to say he did,

they were more really for my reference with regards to incomings and outgoings,

and yes with my current priority debts i am minus £200 a month,

 

 

I did not make a offer on the grounds i felt the judgement was issued while the debt is statue barred,

and i had no opportunity to defend the case as i was never notified of any proceedings against me

until it got to my local CC after the CCJ had already been issued.

 

My local CC has no other information at all regarding the judgement or anything,

they said i was maybe better of ringing writing to Northampton CC where the CCJ was issued.

 

I said so what next. can a baliff just knock on my door next week sort of thing. was told no,

 

IND would have to get a warrant for that,

then id get a letter from local CC giving 10 days to pay balance before baliffs were sent,

and in that 10 days i can appeal on ground of affordability and it starts again.

 

They cant issue a attachment of earnings as im self employed.

 

They cant issue a property judgement as i rent.

 

The guy said they could possible take it to the high court as its just over 5k. But he really didnt know.

Id hear something, probably within 2 weeks.

 

what now.

[caro]

had my Court Appearance this morning, 11am appointment seen at 11.40am great start.

it went ok,

 

Good.

 

the court officer did not even ask to see my documents, even though he signed to say he did,

they were more really for my reference with regards to incomings and outgoings, and yes with my current priority debts i am minus £200 a month,

 

What did the court officer say about this?

 

 

 

I did not make a offer on the grounds i felt the judgement was issued while the debt is statue barred,

and i had no opportunity to defend the case as i was never notified of any proceedings against me until it got to my local CC after the CCJ had already been issued.

 

And did they seem ok about this at the court?

 

My local CC has no other information at all regarding the judgement or anything,

they said i was maybe better of ringing writing to Northampton CC where the CCJ was issued.

 

Seems like a sensible idea. Link here with contact details. http://www.justice.gov.uk/courts/northampton-bulk-centre/county-court-bulk-centre

 

I said so what next. can a baliff just knock on my door next week sort of thing. was told no,

 

IND would have to get a warrant for that, then id get a letter from local CC giving 10 days to pay balance before baliffs were sent,

and in that 10 days i can appeal on ground of affordability and it starts again.

 

Good news. Gives you breathing space to deal with it.

 

They cant issue a attachment of earnings as im self employed.

 

They cant issue a property judgement as i rent.

 

The guy said they could possible take it to the high court as its just over 5k. But he really didnt know.

Id hear something, probably within 2 weeks.

 

what now.

 

It seems to me that the main thing you can do is get details of the CCJ, find out what it was, and see if you want to try and set it aside.

[tezza1234]

The court officer clearly stated he was not legally trained and he would write whatever i asked him to on the form,

 

He didnt care if i made a offer or not

 

i think his exact term was 'its no skin of my nose',

 

the -£200 a month he was not surprised by

 

he said a lot of people are struggling at the moment.

 

Made me laugh on the notice board at the front of the court it has a list of all the things happening,

 

and on mine it said WEALCOMNE V ME (my name) they couldnt even spell welcome right lol.

 

I took a picture as made me laugh.

[caro]

Well at least there was one bit of light relief!

 

You really do need to get info on the CCJ from Northampton so you know what you're dealing with.

 

Have you sent a SAR to Welcome at all? I think that this would be worthwhile as it should show payments so you can see when the last payment was paid. This will cost £10 but would probably be money well spent, if you can manage it somehow.

 

Also start keeping a copy of what this is all costing you, along with the time you spend. At some point in the future it may come in handy.

[tezza1234]

I havnt as yet sent a SAR to welcome, i shall do this tomorrow, can you direct me to a template letter.

 

It seems if debt collectors are the way forward then i have 14-28 days before this will/might happen.

Either that or high court i guess although not sure what they can do, or Bankruptcy.

But im 90% sure this CCJ was issued when it should have been statued barred, time will tell i guess

[caro]

http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection

[dx100uk]

click the sar

 

dx

[tezza1234]

Thanks all, will keep informed. a SAR request looks rather long winded especially if they take 40 days to decide they want to see more identification but its all ive got at the moment.

[dx100uk]

which is why I said get it off last week

 

dx

[caro]

They have 40 days to send you everything from when they receive it.

They'd need to ask for ID much sooner, but as they should now know your address there shouldn't be any doubt that they know who you are.

[tezza1234]

about my CCJ and situation with Welcome Finance.

I have today gained access to Call Credit record which is helpful and reveals some info.

 

It would seem my last payment was 19/3/2007 which means when the CCJ was issued on 11/01/2013

they WERE in time and the debt was NOT statued barred.

 

Now i borrowed £2000 and was supposed to pay back £3053

now looking through the defaults throughout the years it would seem the debt at one stage was up to £9964

but a CCJ was issued to the amount of £4972

 

So where do i stand now,

I know the debt is not statued barred (by 2 months)

and i never knew anything of the CCJ until it was already issued

and passed to my local CC so i had no chance to defend or state my case.

 

Does a amount of 5k on a original 2k loan sound right, can i still contest anything. I have sent a SAR to welcome as advised.

[caro]

I wonder why it went from just under £10k to £5k. When did that happen?

 

Have you ever claimed back charges or ppi?

[dx100uk]

I think those statement would be mighty revealing.

 

get that sar off

 

send batty a pm

 

and get that n244 in motion

 

dx

[tezza1234]

I wonder why it went from just under £10k to £5k. When did that happen?

 

Have you ever claimed back charges or ppi?

 

Nope, never claimed anything back. Not sure if it had PPI, At a guess id say it went from 3k to 9k over the nearly 6 years in charges ect.... but then welcome or IND realized they would not bet a CCJ for 10k of a original 2k loan so reduced the charges

 

I think those statement would be mighty revealing.

 

get that sar off

 

send batty a pm

 

and get that n244 in motion

 

dx

 

 

Will send batty a pm. Not sure what to expect with the SAR, i only ever made like 3 payments, as for the 2k going to 10k then a CCJ issued for 5k i dont get either.

 

As i now know the CCJ was issued just before 6 years therfor not SB what grounds do i have for doing the N244.

 

I always thought that a CCJ would just ruin credit record for 6 years, didnt think it could have other implications e.g use of baliffs ect..... Not that im too worried about that seing as i have nothing of any value apart from my car which is only worth 1k approx but as im self employed i need for work so its protected from being removed.

[dx100uk]

sar statements will be interesting...

 

they must surely detail how it got to the ccj figure

 

and ofcourse the dn

term notice

etcetc

 

if you have a browse around the welcome threads

 

you;ll see details/statements of other like inflated accounts

 

dx

[caro]

By reducing the claim to under £5k they kept it in small claims so if you had fought it they kept their costs down.

 

If the sar shows charges etc that will form your defence that the amount claimed is wrong.

[tezza1234]

Are all charges wrong though,

the loan was for 2k,

amount payable back 3.2k

 

 

CCJ amount 4.9k

 

 

so does £1700 seem right in charges.

[caro]

Do you think that by not paying you have cost welcome £1700? Personally I think £1700 is a scandal.