wescot ccj

[furyan]

good afternoon
im new to these forums and not very wise as to legal matters so plz be gentle

my partner has recieved a warrant of execution through the post
and it refered to wescot with which we did phone and ask what this was all about
they said that they took her to court in april this yr and was granted a default judgement
now myself and my partner have never heard of wescot or recieved any letters from them not even a judgement order.
in a panic we did fill in a n244 for a set aside stating that we have not had any letters reguarding this ccj or even from wescot.
we do have a hearing date for monday 17th

although we will not be able to provide enough evidence that we didnt recieve the paper work.

will my partner be granted a set aside on the fact that the ccj is for a jackie xxxxxx which is not her name
her name is in fact jacqueline xxxxxx
we have searched for this debt which is a provident personal credit loan
its not on any cra
we even contacted provident with reguards to the account no provided by wescot, provident have no details of the account no and that its not 1 of there accounts.
only account that they can find is her current account

will this be enough to obtain a set aside so we can go to court and try to defend

sorry if its long winded but we are still panicing a little and have no idea what we are doin

[Guest]

Re: wescot ccj

Hi
The absence of a default notice prior to enforcement proceedings in itself should be enough to set the judgment aside.

Have you checked all of the agencies for a record of the default or judgment? Is this a small track claim?

D

[furyan]

Re: wescot ccj

its for the amount of £1600 give or take a few quid
yes we have looked at all 3 credit ref agencies no defaults registered against any provident loans or wescot.
we had to phone northampton ccbc to obtain a copy of the claim on there it states they bought the debt in april 2007

[furyan]

Re: wescot ccj

do wescot have to register a default on the account before they can continue to court action.
or does it have to be the original creditor provident

[Guest]

Re: wescot ccj

They do not have to register the default with the court but they do have to send you a notice of intended action before taking you to court. The warning that they are going to put the notice on the register is usually included in that notification.

They cannot enforce through the court without sending a notice of intended action as said, and the lack of a default notice registered on your CRA file is a good argument should you have to show that no notice was probably sent.

D

[furyan]

Re: wescot ccj

wow thanx alot
im feeling a little bit better about goin to court on monday now.
lets hope th district judge agrees with us

[ploddertom]

Re: wescot ccj

Did you check the address the Court sent all the paperwork to?

[furyan]

Re: wescot ccj

yes the address is our current address.
my misses have lived here for 18yrs

[teaboy2]

Re: wescot ccj

Incorrect name on the paper work also invalidates the warrant/court order. So yes you can have it set aside on those grounds.

Now did you ever have a loan with provident? If not then it sounds like identity theft.

[furyan]

Re: wescot ccj

my partner does have a loan with provident personal credit and is still a customer of theres has been for a couple of yrs.
when we spoke to provident about the account number provided by wescot provident couldnt find any trace of it and even stated that it is not even a provident account number.
they carnt even work out how my partner would manage to get another loan from them if infact she had defaulted in the past.
theres nothing no defaults on any cra at all for wescot or provident

[Guest]

Re: wescot ccj

All you need to do is deny any knowledge of any loan and state that no previous notification of this claim had been received by you. That the alleged creditor has no knowledge and also knows nothing about it.

You can also mention that you are taking advice regards a clam against Westcot for vexatious litigation and harassment.

D

[furyan]

Re: wescot ccj

here goes nothing
she is in court in 1hr
will let you know the outcome when we get back

[Celestine]

Re: wescot ccj

Good Luck :beagle:

Please let us know exactly what happens. I sense you may well have a juicy case against Wescott for damages after this has been cleared up x

[furyan]

Re: wescot ccj

the case was adjourned for 28 days
wescot was ordered to send us a copy of the original agreement
the judge a first did say 14 days but wescot asked for 28 days as it is such an old debt

[teaboy2]

Re: wescot ccj

How old exactly?

Trust wescott to take it to court without having the original agreement. Sounds like they were just trying it on in the hope you did not raise a defence so they would get a default judgement. Surprised they turned up at court to be honest, but i suspect they may know they were wrong or had the wrong person so turned up purely to get it ajorned and may possibly seek to discontinue prior to the next court date. Damage limitation i suspect.