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Welcome finance unsecured rewritten

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  • Welcome finance unsecured rewritten

    Hi,
    I entered into an unsecured loan with welcome finance on the 12/04/05 for which I payed the load for several months until I was made redundant to which I ceased payments as I was unable to pay for a while until I entered a debt management agreement in 2007 which I paid up until I lost my job due to a back injury after which the agreement failed. At the start of the debt management agreement welcome finance rewritten my original loan without notification or me signing a new credit agreement which in a sar request I received they state
    " the details you requested for account ******* relate to a revised agreement which you entered into as part of your debt management agreement (DMA). Unfortunately, when your account was rewritten to assist you on maintaining your monthly payments, no new credit agreement was signed."
    The account was sold to another financial (UK) limited on the 24th June 2014 to which the y have instructed Mortimer Clarke to pursue for a ccj which they gained in January 2015 which I successfully got set aside in February this year. My question is that can they legally follow this through court if no signed credit agreement exists for the account and also if no default judgement exists as when I received my sar request only notice of default sums letters were provided.
    Sorry for the long post
    Kind regards
    Phil
    Tags: None

  • #2
    Re: Welcome finance unsecured rewritten

    I believe that as the judgement was set aside the position returns to one before a claim was issued so yes they can still chase you fr the money but who says you have to pay?

    How much is the debt for?

    Comment


    • #3
      Re: Welcome finance unsecured rewritten

      Originally posted by warwick65 View Post
      I believe that as the judgement was set aside the position returns to one before a claim was issued so yes they can still chase you fr the money but who says you have to pay?

      How much is the debt for?
      Hi it's Cabot financial and Mortimer clarke that say I have to pay and the amount is £2600

      Comment


      • #4
        Re: Welcome finance unsecured rewritten

        What was the reason the CCJ was set aside in February?

        A set aside simply wipes out the CCJ and returns the proceedings to where they were before the CCJ was granted . So for example if it was a Default Judgment for failing to file your Acknowledgement of Service then you would be expected to file your Defence.

        What stage have these proceedings now reached?

        Di

        Comment


        • #5
          Re: Welcome finance unsecured rewritten

          Hi it was a default judgement set aside because the papers was sent to an old address listed the judge agreed I had a reasonable chance of defending the claim. The claim is on small claims fast track and case is set in court for september.thsnk you all for your help.
          Many thanks
          Phil

          - - - Updated - - -

          I have sent the court the copies of notice of default sums letters I received in a sar request sent to welcome finance also explaining that there was no default letter provided in the request and also a letter from welcome stating no signed credit agreement exists for the account in question.
          Many thanks
          Phil

          Comment


          • #6
            Re: Welcome finance unsecured rewritten

            Originally posted by Phila12010 View Post
            The claim is on small claims fast track and case is set in court for september.
            Do you mean this claim has been allocated to the Fast Track (how much is the claim) ?

            It seems you may have filed a Defence but what else?

            Di

            Comment


            • #7
              Re: Welcome finance unsecured rewritten

              Sorry, yes I mean fast track. The claim is for £2600. A defence was filed not long after the ccj was set aside, I have also done the courts questionnaire before it was allocated to the fast track and have just recently supplied the court copies of documents that may help my defence.
              Hope this helps
              Many thanks
              Phil

              Comment


              • #8
                Re: Welcome finance unsecured rewritten

                If the claim is for only £2,600 why has it been allocated to the Fast Track which is for claims over £10k or claims which are legally complicated?

                I've now found your other thread which you posted in March.

                I can see there were other issues such as potentially missold PPI (your claim on the policy was refused) possible Statute Barred defence, and the fact that you've been in an IVA (although it's not clear whether that was completed or failed).

                Maybe these two threads should be merged to keep all the information in one place.

                Di

                Comment


                • #9
                  Re: Welcome finance unsecured rewritten

                  Hi I've just read the paperwork, it says it is allocated to the small claims track. The PPI was refused when I lost my job can't quite remember the reason they stated which left me unable to make the payments. The debt is statute barred although Mortimer Clarke and Cabot Financial claim welcome finance say a payment was made by me in 2009, I have requested proof of this payment and by what method to both Mortimer Clarke and welcome to which I have not yet received anything. I am unsure how to merge the 2 threads
                  Many thanks
                  Phil

                  Comment

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