Iceman V Welcome Finance Services – Please advice.

[icemanb31]

Guys I don't know if you can help me late on in the day but here goes, Welcolme financial the scum bags serve proceedings on me back in April 2014. I was confused by the court system and I have never had any dealings with the court before. I was asked to surrender certain documents before the courts which I attended and surrendered the documents. at which point the officer of the court then asked weather or not I wanted to dispute the order in its entirety which I did. so I was under the assumption that I did not have to appear in court until further notified.
However at the beginning of August I was served with a letter saying I had to attend court with a hole bunch of documentation and a statement to the court as to why I did not attend or I will be sent to prison for contempt of court.

In any event this is statuet barred debt and welcolme finance have no proof that I made any contact or payments in the six year time period. But can you guys help me with what I need to do next re the court on Tuesday.

[stevemLS]

Re: Iceman V Welcome Finance Services – Please advice.

It sounds as though there is a default judgment and what you are now being asked to do is have your income and expenditure examined by the court to determine a payment rate.

You simply cannot make assumptions that you are not required to attend court unless the court itself tells you in writing that your attendance is excused.

The claimant sounds as though they have applied for an "oral examination".

At this stage, you may be in difficulty applying to have any judgment set aside. Unfortunately ignorance of the court procedure is not an excuse.

No-one will be able to assist you with what to do on Tuesday without more information - can you post the letter you have from the court after deleting any identifying information.

Check your credit file, has a CCJ been registered?

[FlamingParrot]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

Guys I don't know if you can help me late on in the day but here goes, Welcolme financial the scum bags serve proceedings on me back in April 2014. I was confused by the court system and I have never had any dealings with the court before. I was asked to surrender certain documents before the courts which I attended and surrendered the documents.

Could you be a bit more specific? What documents were you asked to surrender?

at which point the officer of the court then asked weather or not I wanted to dispute the order in its entirety which I did. so I was under the assumption that I did not have to appear in court until further notified.
However at the beginning of August I was served with a letter saying I had to attend court with a hole bunch of documentation and a statement to the court as to why I did not attend or I will be sent to prison for contempt of court.

What documentation were you supposed to present to the court?

In any event this is statuet barred debt and welcolme finance have no proof that I made any contact or payments in the six year time period. But can you guys help me with what I need to do next re the court on Tuesday.

Presumably Welcome have already obtained judgment against you, did you receive a claim, acknowledge service, submit a defence, etc. or was the first thing you heard when you were asked to appear in court? You may be able to apply to have the judgment set aside if you did not receive the court papers, you were away at the time or couldn't attend court for some reason AND if you have a viable defence. Statute barred is an absolute defence. :thumb:

Can you tell us a bit more about why you are being made to attend court and submit documents? Have they mentioned a statement of means? What does the court order say? How much is the judgment amount?

You may want to look at this thread with regards to applying to have the judgment set aside: http://www.legalbeagles.info/forums/...ants-in-Person