Sneakily handed questioning order, Welcome Finance

[nemesis45]

Re: Sneakily handed questioning order, Welcome Finance

A court will not order you to pay an amount that you cannot reasonably afford, even if
it is only £1 per month, a couple of years ago a district judge actually cut a defendants
off of £1.00 per month down to 50 pence a month on seeing evidence of the defendants
finances.

nem

[Chris1983]

Re: Sneakily handed questioning order, Welcome Finance

Thank you both for your replies


Yes, from what I understand from the paperwork I will be questioned by a representative from Welcome Finance and a court official who I assume will be there to mediate.

I checked my Experian credit report again last night and now the CCJ from 2013 is showing on the report, the CJJ was registered to an address that I had moved out from a year before, hence why I never received it and was completely unaware of the judgement. You would think that you would have to sign for receipt of such paperwork to avoid situations like this but it is what it is.

I was more concerned that they would try to have items removed from my partners home as a means to recover the debt, if the worst they can do for the time being is make me pay a small amount each month until I'm in a better financial situation then it doesn't sound like anything to be concerned about.

Out of curiosity, if the judgement was set aside does that remove the CCJ from your credit file?


Thank you both

[Amethyst]

Re: Sneakily handed questioning order, Welcome Finance

Out of curiosity, if the judgement was set aside does that remove the CCJ from your credit file?

Yes

this is the first I've heard anything from Welcome since 2011

If you have a defence, and you had a dispute over the PPI back in 2011 and probably there's a shed laod of unfair charges on the account now, then you should have a defence, then you might be able to have it set aside on the basis that you did not receive the court papers, this is the first you heard about it and as far as you were last aware Welcome Finance were dealing with a dispute on the account.

[Chris1983]

Re: Sneakily handed questioning order, Welcome Finance

Yes


If you have a defence, and you had a dispute over the PPI back in 2011 and probably there's a shed laod of unfair charges on the account now, then you should have a defence, then you might be able to have it set aside on the basis that you did not receive the court papers, this is the first you heard about it and as far as you were last aware Welcome Finance were dealing with a dispute on the account.

Thank you for replying,


The PPI dispute was actually in 2008, I got the dates wrong in my original post, the last contact made with Welcome about the account would have been mid 2008.

So if this was to be set aside by the court on the grounds that I was unaware of the proceedings in 2013 would that mean that the debt would become statute barred as no acknowledgement of the debt was made by myself for over 6 years?


Thank you

[FlamingParrot]

Re: Sneakily handed questioning order, Welcome Finance

Thank you for replying,


The PPI dispute was actually in 2008, I got the dates wrong in my original post, the last contact made with Welcome about the account would have been mid 2008.

So if this was to be set aside by the court on the grounds that I was unaware of the proceedings in 2013 would that mean that the debt would become statute barred as no acknowledgement of the debt was made by myself for over 6 years?

If the CCJ was set aside the claimant would have to issue a fresh claim and, at the time the claim was issued, the debt would be SBd. However, for the purpose of granting the set aside, the court will look at the state of affairs back in 2013 when the claim was issued, i.e. if you had received the claim, would you have been able to defend it? Otherwise everybody would just ignore their claims, get default judgment and then apply for set aside, knowing that if a new claim was issued in the future, the debt would be SBd by then, if you follow the logic here.