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Dealing with CCJ - Welcome Finance/IND Ltd

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  • Dealing with CCJ - Welcome Finance/IND Ltd

    Hi Everyone

    I was hoping to receive some advice on a very difficult situation I have found myself in. I suppose I will start at the beginning to give you all the details.

    I took out an initial loan with Welcome Finance back in 2006 for £1500 which included PPI. I then received a phonecall a year later after clearing half of it asking me if I would like a further loan of money, I agreed and so the initial loan was repaid and I had a new loan of £3000 without PPI. In 2008 I stopped paying this loan due for a number of reason and effectively cut off contact with Welcome Finance altogether. I moved to London and had received letters from them and statements right up until I think around 2011. I had never heard anything in terms of debt collection agencies etc.

    I moved to Spain in Dec 2011 and have come back to London just this month (August) , I applied for a new job and it turns out that a ccj was registered on 25/07/12. The CCJ registered was for £3,551. I contacted Northampton county court and they told me it has been transferred to Kingston Upon Thames court and when I asked they said that was likely when the creditor is seeking further enforcement. I called Kingston Upon Thames and they said that yes it is transferred to them and if I was asking for it to be set aside I need to complete the N244 form and pay £80.

    I then contacted Welcome Finance and explained that I would like to come to some type of agreement with them so that I can ask the judge to set the ccj aside on the basis of never receiving any notice of the debt being reassigned and also the fact that I had moved out the country and never received any judgement notices etc. Welcome Finance said that they cannot deal with the account and that I would need to speak to IND Ltd.

    So I called IND Ltd and said the same – I’m not in a position to pay the full £3,551 within the 30 day time limit for the judgement to be automatically cancelled but I wanted to come to an arrangement with them to then ask the judge to set it aside. I was told they wouldn’t accept any agreement . Firstly I offered to pay a lump of £1000 and then pay £500 per month and when she said there was no way I then asked about a discount where she said It would need to be around £3,000 and full and final settlement would be the only way to get the ccj cancelled.

    Realistically what I wanted was to come out of the conversation with an agreed payment plan so I could then ask the judge to set the judgement aside on the basis that Welcome/IND would agree no to contest and the other reasons detailed.

    I really don’t know what to do as I am in a catch 22 position, I don’t have the cash to pay the full amount to make this go away and the problem I have is I have just had an offer for a position in financial services which is my background but I know next week I will need to submit the credit check info for them and I will not pass hence I will not get the job.

    Does anyone know what I should do, how I should proceed with this? I would be grateful for anyones experience shared.

    Thanks.
    James
    Tags: None

  • #2
    Re: Dealing with CCJ - Welcome Finance/IND Ltd

    being you never received the claim form is enough to have the judgement set aside

    it can take up to three months for the application to set aside to be put in front of a judge

    being an old welcome agreement it is usual for the agreement to be flawed in some way so setting aside is prob your best option

    Comment


    • #3
      Re: Dealing with CCJ - Welcome Finance/IND Ltd

      Hi Border Collie

      Thanks for your reply. I understand that the fact that I never received any claim form is enough, but is it generally only set aside if you have a defence too?

      This is something I mentioned when i spoke to IND - I believe that there could be a chance that the agreement may be flawed considering how they have operated.

      Tks.

      Comment


      • #4
        Re: Dealing with CCJ - Welcome Finance/IND Ltd

        Thanks for your reply. I understand that the fact that I never received any claim form is enough, but is it generally only set aside if you have a defence too?n

        who told you that rubbish

        all you do is put a set aside request inn on a N244 application notice stating why you are doing it. not receiveing THE CLAIM FORM
        .
        you state you were not given the oportunity to defend the action.

        you do not have to do a defence or say what your defence is going to be.

        with a set aside, all that happens is the claim is taken back to the begining prior to exchange of documents , that is all


        being welcome, i can give you an assurance in 90 % of the time, welcome will have fracked up on these early agreements

        stop phoning and talking to IND

        TALK TO ME

        Comment


        • #5
          Re: Dealing with CCJ - Welcome Finance/IND Ltd

          Hi Miliitant

          i seen it on a different forum that if the judge reckoned you wouldn't be able to defend the original claim then they wouldn't set aside. Not true then?

          The problem is that i wasn't informed therefore been able to make different arrangements at an earlier stage to pay the amount they wanted or enter into conversation with them. I don't really have anything to defend I suppose, I owe them the monies due. I need to come up with something though because If I can't get this set aside my whole career will be in ruins.

          I am planning to go to the court tomorrow to submit N244, any advice on how I should approach the questions on the form?

          Thanks,
          James

          Comment


          • #6
            Re: Dealing with CCJ - Welcome Finance/IND Ltd

            i can allways find faults with welcome

            if you had that insurance crap put on your agreement, ppi, gap, nuclear fall out insurance then i can tell you you have a defence. it is to early to go into the detail of the defence but i will say

            Welcome Elite Brokers and Wilson v Hurstanger

            TO SET ASIDE JUST STATE YOU NEVER RECEIVED THE ORIGINAL CLAIM FORM AND WHY YOU NEVER RECEIVED IT AND THAT YOU HAVE A REASONABLE CHANCE OF DEFENDING ANY ACTION

            Comment


            • #7
              Re: Dealing with CCJ - Welcome Finance/IND Ltd

              Thanks Miliitant

              So I shouldnt speak to welcome or IND at all and I will file tomorrow.

              In terms of filing -

              I am going to say that I did not receive any correspondance stating that the debt had been assigned out and received no judgement papers either.

              In terms of the debt in the first place. I have requested the contracts from Welcome Finance, can I upload them here to try to find something wrong with them to dispute the debt itself? I noticed that the debt has went from £2600 to £3551 in just fees.

              Thanks
              James

              Comment


              • #8
                Re: Dealing with CCJ - Welcome Finance/IND Ltd

                we request the agreements etc later

                just put in tghe N244 application notice first to set aside

                do not try to run before you can walk

                Comment

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