Welcome Finance - FAKE CCJ - Default

[kmiah786]

Hi,

I made a subject access request to welcome finance as they have put a CCJ on my credit file for a debt of over £3000.

In response to the SAR request they provided me with the most fake looking documents:

1) The default notice was not signed and dated 09/04/2010 and had my address incorrect
2) Default warning letter did not have any letterhead, dated, 09/04/2010 and was not signed
3) Other letters with same address mistakes, not signed and had no letterhead

These were the most unprofessional looking documents I have ever seen

My question is that the CCJ on my credit file is dated 01/02/2009 and the default notice they provided me with is dated in 2010.
Can they get a CCJ a year before issuing a default notice?
Can I use any of the above to get the CCJ removed?
They did not provide me with any documents stating that they are issuing court proceedings.

Please advise.

[MIKE770]

Re: Welcome Finance - FAKE CCJ - Default

This will be an interesting one!!!!!

[Amethyst]

Re: Welcome Finance - FAKE CCJ - Default

Have you checked with the registry trust to see if you have a judgment recorded against you?http://www.trustonline.org.uk/

If they have your address wrong then it likely that court documents went to the incorrect address.

Did you have a debt with them and when did you stop making payments?

[kmiah786]

Re: Welcome Finance - FAKE CCJ - Default

This will be an interesting one!!!!!

I just realised another thing.In the letter that they sent with the documents, this letter had the following date: 23 November 2010The letter states that they received my Subject Access Request on 22 November 2010The default notice and the other documents has this date: 23 November 2010Does this suggest that they issued a default notice a day after they received my subject access request?And the letter in which they acknowledge my SAR, confirming that they have enclosed all the documents they hold about me was issued in the same day they responded you my SAR.Either I am very stupid and cannot understand this or they have messed up in a BIG way!Some one please advise

[Amethyst]

Re: Welcome Finance - FAKE CCJ - Default

the November date is probably the date they printed out the copy letters/ reconstructs for complying with your SAR.

[bluebottle]

Re: Welcome Finance - FAKE CCJ - Default

Follow Amethyst's advice and check whether a CCJ does, in fact, exist against your name. If it does not, Welcome Finance could be in very serious trouble indeed.

[kmiah786]

Re: Welcome Finance - FAKE CCJ - Default

If this was the date they printed it out then shouldnt the default notice have the date when it was served?
Why are all the letters dated on the same date and no other dates?
None of which are signed and have no letterhead
Not only that, the letter they sent me has my correct address but on the default notice and other letters not only my address is incorrect but its only a partial address.

[kmiah786]

Re: Welcome Finance - FAKE CCJ - Default

I am doing the search now but cant I argue based on the above facts and the fact they have a incorrect address? not only incorrect but a partial address

[kmiah786]

Re: Welcome Finance - FAKE CCJ - Default

The records show my correct address and name

[Amethyst]

Re: Welcome Finance - FAKE CCJ - Default

Have they sent you anything else besides your default notice in your SAR ? Copy of your original agreement / terms and conditions / transaction lists etc ?

You MAY be able to apply to set aside the CCJ based on you having no knowledge of it until you checked your credit file, however for this to succeed you would have to show you have a reasonable chance of success in your defence. HOWEVER, if the CCJ went through in 2009, it's a bit of a long time really, and it will drop off your file in 2015, and I'm not too sure about timescales. Bear in mind there is also the possiblity of Welcome enforcing the judgment now they have your correct address details..so you need to find out exactly what it is.
Have you seen anything in the SAR regarding the judgment order ?
Do you own your own home ?
What was the original loan amount, was it secured, what was it for, what period over etc ?

[kmiah786]

Re: Welcome Finance - FAKE CCJ - Default

Thank you for your reply.

Address: They always had my correct address as before the SAR was made they communicated with me via email to the correct address. Why they made the mistake on the address in the notice and letters provided with the SAR response is a mystery.

The content of the SAR was:

Default notice - Not signed
Without Prejudice Letter - Not signed
Account statement - Which shows various interests, fees and court fees added
Account Notes
Agreement

There was nothing init to show any court proceedings were taking place.

The original loan was for car finance which was later converted to personal loan which was for 3 years and not secured.