OLD CCJ Nov 2013 done at old address after moved

[djrobst]

Hi and thanks to anyone who can help me.

I've recieved a letter at the weekend from a company I've never dealt with called link financial.

The letter was stating I had a judgement in arrears.

- We have previousily writtent and attempted to call you regarding your account (they have never mentioned a judgement in previous letters - just that I owed them money without saying where it originated from)
- We are sure there is a good reason for not making contact with us and that you intend making payments to clear the outstanding balance.
- Please call us on 02920 858710 so that we can discuss your intentions and agree an afforable repayment plan to clear the outstanding balance. We are here to help and want to be able to understand your financial circumstances, so that we can agree a replayment plan that is realistic and fair to you.
- However, if we do not recieve contact from you within 14 days the account will be passed to Messrs Kearns Solicitors without further reference who will be instructed to take enforcement action,

Through Attachement of earnings / order to obtain information / warrant of conrol

Post Legal Team.



Now I've never knew that I had a CCJ with anyone and I have looked it up and in November 2013 there was one granted for £1395 at Northampton Court. It does not say on my credit file who it was through but I think its an old Weclome Finance unsecured loan I stopped paying years ago due to the amount of fees they had put on my account, which meant after I had paid for around 2 years (which was the full term) I still owed them most of the original £1500 loan. It then got passed to Lowell and then after making some payments to them on payment arrangement I stopped and it went past the statute barred period. I then moved home around April 2013 and over the last year have had letters from link asking to get in touch with them and sometimes ones saying I owed so much money and need to pay and not saying who or anything, and this letter was titled Judgement xxxxx in arrears and the judgement is there to see on my credit file after I have moved.

What do I need to do, I think I need to get this set aside as it was statue barred at the time they took me to court and also I did never recieve any details of the judgement which I definetally would of sucessfully defended if I still lived there.

What letters do I need to send link to put the enforcement on hold as do not want a attachement of earnings.
What do I need to do to get the CCJ set aside and can they enforce it while I'm waiting or will that put a hold on things for me also. I can see the N244 form but seems quite general and could be used for alot of things other than just setting a judgement aside.

Should I also send CCA/personal data requests to Welcome Finance, Lowell & Link to see what information and my previous account details as I dont have any of my own records with it being such a long time ago.

Any help be great as I need to get moving on this before it is too late.


Edit:
Rang the courts and they said the judgement is with HFO Limited

[Amethyst]

HFO sold their debts to Link back in 2015 - to enforce they would need to inform the court of the change of ownership of the judgment to start with.

Re HFO - https://www.fca.org.uk/news/statemen...nd-hfo-capital

It would be strange for it to have gone to Lowell and then to HFO for HFO to obtain a Judgment. Normally Lowell would do that themselves so it may be you're mixing a couple different debts up.

For it to have gone statute barred it would need to have been over 6 years since your last payment before the claim was issued. Do you have any idea at all when you took out the Welcome Finance loan and when you defaulted on it, and when you stopped making payments to Lowell ?

Applying to set aside needs careful consideration - there has been a CCJ registered for over 5 years, and it will fall off the judgment register, and your credit file in November this year.... if you did sucessfully set aside, but then weren't in a position to settle or fully defend the claim you could end up with a new CCJ registered for the next 6 years. So worth checking it out fully and potentially trying to negotiate a full and final at a reduced amount under the threat of applying to set aside.

For the moment I think you need to gather the information - as it is under a judgment Link have no requirement to comply with a CCA request but a SAR to Welcome, Lowell and Link would be a good idea.

I would reply to Link saying that this is the first you have heard of a judgment, ask for full details(claim ref, original creditor,statement, copy of judgment etc) as you can see nothing registered under LINK on the judgment register, you have sent SARS to x,y & z to find out more information potentially to look to apply to set aside the judgment and ask they put the account on hold for 30 days for you to obtain the relevant information.

[djrobst]

thanks I was confused with another debt, im certain hfo were the creditors as I paid them for a while then stopped and it went past 6 years too since the last payment.

Should I send letters to them and welcome to get details of all my accounts and everything they hold on me?

how do I find out if Link have had this judgement transfered to them? I've received a copy of the original judgement and its in HFO name

[Amethyst]

Personally I'd tell Link that you have no record of any judgment in their name against you and ask them for the evidence of such.

The original judgment was for installments or forthwith ?

[djrobst]

if forthwith the balance on the account? as I think its for the balance on the account.

How would I contact HFO for details of my account if they have closed down? Is there a company handling this for them still

[Amethyst]

They are still alive, keep trying to get dissolved .... so you could try a SAR to them at Kings Parade, Lower Coombe Street, Croydon, Surrey, CR0 1AA but don't hold your breath on a response... the most important is the SAR to Welcome - as it sounds like if you do go on to set aside and defend, or negotiate settlement, there were a fair whack of charges, and possibly PPI? involved in the account which might be helpful. Address etc here http://www.wfs.co.uk/documents/cca-a..._download/file

[djrobst]

Yeah that is why I stopped paying, I had a 2 year £1500 loan, was paying about £130+ a month and made alot of payments. Hit a patch of unemployment for about 6 months and the payment insurance was a piss take to claim on and they kept hitting me with charges and fees for letters and people coming to my house - even though job centre kept signing off letters to authorise the payments and they would take the payment protection payment but still have loads of charges on my account. Then I come to nearly 2 years and then asked how much I had left and was close to the sum I borrowed in the first place and then I took advice as I worked in mortgages that they never take people to court so stopped paying them as was feeling like they ripped me off, then HFo got involved and I paid them a tenner a month for a while and then got sick of them and stopped and more than the 6 years passed without action and become statute barred, then I moved out and they took me to court.

I've got a copy of the judgement from the court by calling over the phone and its in HFO name but they said a higher court may have changed the ownership and they might not be able to see that, but couldnt tell me where to go to find this out who is the current owner. Is there a number or somewhere I could ring that would be able to confirm if its still HFO or not.


thanks for this help btw

[Amethyst]

Sorry I didn't answer your question there - Forthwith is a judgment where it is to pay the full judgment amount immediately/within 14 days etc - usually says 'forthwith' on the Judgment order - otherwise it says ' by installments of £100 per calendar month' or something like that.... just because the letter from Link you said stated "The letter was stating I had a judgement in arrears." and Arrears would be missed installments to date.

[Amethyst]

Yeah that is why I stopped paying, I had a 2 year £1500 loan, was paying about £130+ a month and made alot of payments. Hit a patch of unemployment for about 6 months and the payment insurance was a piss take to claim on and they kept hitting me with charges and fees for letters and people coming to my house - even though job centre kept signing off letters to authorise the payments and they would take the payment protection payment but still have loads of charges on my account. Then I come to nearly 2 years and then asked how much I had left and was close to the sum I borrowed in the first place and then I took advice as I worked in mortgages that they never take people to court so stopped paying them as was feeling like they ripped me off, then HFo got involved and I paid them a tenner a month for a while and then got sick of them and stopped and more than the 6 years passed without action and become statute barred, then I moved out and they took me to court.

I've got a copy of the judgement from the court by calling over the phone and its in HFO name but they said a higher court may have changed the ownership and they might not be able to see that, but couldnt tell me where to go to find this out who is the current owner. Is there a number or somewhere I could ring that would be able to confirm if its still HFO or not.


thanks for this help btw

If the owner had been changed it would be the new name on the register and the records would have the change of judgment holder on there. I'd still say to Link, no record of any judgment, provide evidence please.

So you paid your tenner a month up to 2007 ? ( for it to be SB by 2013 ) - any way you can check bank statements back to early 2007 to find out when you stopped paying the £10's ?

PPI never worked as it should, hence the massive reclaim issue for misselling... so certainly worth looking deeper into - the SAR to Welcome should bring something up... do you have any idea when you took out the loan originally ? possibly 2004 time?


2 year loan of £1500 at 58.7% ( estimate of what the interest rate might have been 2003/2004 ) would be about £100 a month (£800 odd interest charges) so likely the £30 on top each month was the PPI element.

[djrobst]

The loan was probally taken out around 1999/2000 I would bet. Would you still have claim to PPI even though I used it and eventaully got paid out on it, although they wanted letters from job centre constantly before would acutally pay to my account

the judgement says you must pay the claimant the total of £1,395.31 forthwith

and top left corner has HFO Capital Limited's address in the square box and them down as the Claimant. No mention of link a all, and this is a print off which was obtained just after the first reply to this topic was recieved. So if it was changed over then it would show as link on there at present.

so for them to enforce the CCJ to get attachment of earnings etc they couldnt do? dont want next letter I get to be notice of attachement of earnings then my wages getting totally battered, thanks

[pt2537]

Whoa HFO? i gave evidence to the investigation that got them nobbled a few years ago. If they had a CCJ the chances are it wasnt obtained correctly, they often brought stat barred loans or brought claims that were issued against the wrong address etc.

[Amethyst]

Indeed, in this case seems it may have been statute barred before the claim was issued.... and has now been sold on to Link without the actual Judgment holder details being updated. So in this case you really would need to figure out when the last payment / acknowledgement was made before the claim was issued... I doubt a SAR to HFO will get very far atm but still worth doing as it is free to do, it's the £10 payments you need to find out when the last one was. If you'd paid a lot of the installments, and had PPI pay some of the installments, AND paid HFO for a while, there is going to need to be some serious transaction lists and evidence as to how a £1500 loan take in 1999/2000 still had a balance of £1300 odd 13 years later.

I'd still respond for now to Link to ask for evidence and more details about the judgment - as it stands there isn't one in their name and they would need to rectify that before they can do anything else. If they do do that and it is this old Welcome / HFO issue, you can then look to apply to set aside if appropriate.

( and send the SAR to HFO and Welcome separately to try find out more info on dates etc in the background whilst Link try sort themselves out )

[djrobst]

thanks I sent them a letter requesting evidence of a ccj in their name for me and also requested copies of all my personal and account data they have on me as per the pirvacy policy which was on the back of the letter they sent me and told them to put this on hold to give me time to look into this and review the information.

Ive rang my bank to track this payment and they are zero use, they claim to only have records about 7 years back and cannot look the payment up ffs lol

[djrobst]

thanks I sent them a letter requesting evidence of a ccj in their name for me and also requested copies of all my personal and account data they have on me as per the pirvacy policy which was on the back of the letter they sent me and told them to put this on hold to give me time to look into this and review the information.

Ive rang my bank to track this payment and they are zero use, they claim to only have records about 7 years back and cannot look the payment up ffs lol

they finally wrote back the other day and said they were going to pass it to their dispute team who would get back to me within 4 weeks

[djrobst]

At the weekend recieved a letter from the dispute department who said they will not be taking things further and will not enforce the loan or chase me for any more payments.

They said I told them it was statue barred, however the company they bought the debt from obtained a ccj on the account and admitted the ccj was not in their name and they decided they wouldnt carry on chasing the debt and agreed not to enforce.


So does that leave anything I can chase up with welcome over this terrible loan as they have sold the account to hfo who got a ccj. Could I stil send a SAR request or something else similar and try to get fee's or ppi back from welcome?