CCJ - possible order to obtain? Welcome Finance /IND

[nickprice153]

Morning Guys/Girls.

Thank you in advance for this help. Hope this is in the right section (sorry if not)

Very long story short, when I was younger, burying my head was great and new cars had been top of my list! Fast forward ten years, that's not the case!!

About 8 years ago, I took a car on finance through Welcome...(£6995) after 3 years, I got into trouble with work & the car got repossessed. At the time around 3900 had been paid. Fast forward to last year, I got called to court (8 months before it with have been statute barred) and I was given a CCJ for £12000.

At the end, the judge said, "the creditor will contact you for payment"
And as we walked out, so did the solicitor.

I recently received a "missed" parcel from APS. Quick look ok here, it seemed it would be in relation to the CCJ. I called welcome to make payment plan, they told me to contact IND, I contacted them, and they said I need to reply to APS as I have a date set in court on 10th November. But I MUST get te letter re delivered from APS.

I'm assuming they are trying to SERVE me? The girl at IND said it was to sit with someone in court to arrange a payment plan and go through my finances. Would that be a "Order to obtain information" ?

So, the second I finished the call, I sent a letter registered, to the court that issued the CCJ, Welcome Finance And IND wth a breakdown of my finances and an offer to pay £35pcm.

My basic wage is £15000 before tax. And have other debts I have payment plans with.

I suppose I just need some advice on this "order to obtain" if IND accost my payment plan, will they cancel that? Has it done me any favours with the court offering to make a payment? What happens if I'm not Served before the 10th November? Will they just set a new date?


Thank you so much again, any advice is helpful ��

[nemesis45]

Re: CCJ - possible order to obtain? Welcome Finance /IND

Morning Guys/Girls.

Thank you in advance for this help. Hope this is in the right section (sorry if not)

Very long story short, when I was younger, burying my head was great and new cars had been top of my list! Fast forward ten years, that's not the case!!

About 8 years ago, I took a car on finance through Welcome...(£6995) after 3 years, I got into trouble with work & the car got repossessed. At the time around 3900 had been paid. Fast forward to last year, I got called to court (8 months before it with have been statute barred) and I was given a CCJ for £12000.

At the end, the judge said, "the creditor will contact you for payment"
And as we walked out, so did the solicitor.

I recently received a "missed" parcel from APS. Quick look ok here, it seemed it would be in relation to the CCJ. I called welcome to make payment plan, they told me to contact IND, I contacted them, and they said I need to reply to APS as I have a date set in court on 10th November. But I MUST get te letter re delivered from APS.

I'm assuming they are trying to SERVE me? The girl at IND said it was to sit with someone in court to arrange a payment plan and go through my finances. Would that be a "Order to obtain information" ?

So, the second I finished the call, I sent a letter registered, to the court that issued the CCJ, Welcome Finance And IND wth a breakdown of my finances and an offer to pay £35pcm.

My basic wage is £15000 before tax. And have other debts I have payment plans with.

I suppose I just need some advice on this "order to obtain" if IND accost my payment plan, will they cancel that? Has it done me any favours with the court offering to make a payment? What happens if I'm not Served before the 10th November? Will they just set a new date?


Thank you so much again, any advice is helpful ��

Hi welcome to LB,

I think what APS is trying/has tried is an " Order to attend for questioning" issued by a judge on application from IND, you must attend this hearing which will most likely be conducted by an authorised officer of the court, you have to give FULL account of your income and expenditure, savings etc.

If you do not attend without good reason a judge can make an order for your arrest for contempt of court.

Make sure you get the letter asap.

IND will after it receives the I & E decide what they want you to pay, it is not unheard of in my experience for a Debt Purchaser to find it's no worth pursuing a debt.

Other debts already being paid must also be brought to notice during the questions, court judgements, arrangements to pay with creditors, debts in payment /debt management plans all need to listed .

Full instructions are in the letter.

nem

[nickprice153]

Re: CCJ - possible order to obtain? Welcome Finance /IND

Thanks for your quick reply, I've tried the number on the card so many times and it's 08 number, just end up listening to music with no answer...

So, if IND reject the payment plan I have offered already & I attended for questioning; I'm worried about an attachment of earnings. Will I be given the opportunity to make the a greened payments myself BEFORE they enforce a AEO?

Ps. I own a £500 car and live in rented. I literally have no real assets and No savings. My wage however can vary? I work I sales, do they base your earnings on your basic pay?

[nemesis45]

Re: CCJ - possible order to obtain? Welcome Finance /IND

Thanks for your quick reply, I've tried the number on the card so many times and it's 08 number, just end up listening to music with no answer...

So, if IND reject the payment plan I have offered already & I attended for questioning; I'm worried about an attachment of earnings. Will I be given the opportunity to make the a greened payments myself BEFORE they enforce a AEO?

Ps. I own a £500 car and live in rented. I literally have no real assets and No savings. My wage however can vary? I work I sales, do they base your earnings on your basic pay?

The " motive" behind this is to allow IND to see what IF Anything you can reasonably afford to pay, there is no likelihood of an AOE on the day.
What you say above is what you will be able to put forward at hearing.

If you don't attend the hearing you can as said find yourself being arrested and /or an AOE being applied for without notice ( an employer cannot refuse to obey an AOE).
When did you send IND your I & E and the offer?

nem

[nickprice153]

Re: CCJ - possible order to obtain? Welcome Finance /IND

I sent the letter

[nickprice153]

Re: CCJ - possible order to obtain? Welcome Finance /IND

I sent the letter last Thursday (24th) all three have been signed for. I detailed my lack of assets and made it clear how much i pay on my other debts, weekly for outstanding Gas/Electric, extra on council tax & two separate debts that's get £20pcm. On top of my out going bills.

I hoped they would agree to my payment plan and cancel any potential hearing? (Perhaps saving them time, costs etc)

[judgemental24]

Re: CCJ - possible order to obtain? Welcome Finance /IND

If you cannot afford what IND want you to pay then the Judge can set a repayment plan, as long as he has a copy of any income and expenditure. He will set the minimum amount as he knows financial circumstances can change such as unemployment etc

If this happens be honest with the judge. I myself pay £5.00 a week through a thing called a Tomln Order secured by the court instead of a CCJ. That opportunity is now to late for you but judges are fair and will not tie a noose around your neck

[nemesis45]

Re: CCJ - possible order to obtain? Welcome Finance /IND

It is highly unlikely that a judge will conduct the questioning.
Any further " enforcement activity" will be subject to what if anything
you are able to pay without causing hardship, you need to attend or an
AOE can be applied for be aware the amount of the deductions are fixed
and may be more than you expect or feel you can afford.

nem

-

[nickprice153]

Re: CCJ - possible order to obtain? Welcome Finance /IND

Ok, well, I will keep trying to get this letter re delivered by APS..

Just to be clear, the chances of them accepting my payment plan sent last week is minimal if they have started this process?

[judgemental24]

Re: CCJ - possible order to obtain? Welcome Finance /IND

At the end of the day it is what the judge decides, not IND, so do not panic. I know a friend on mine who is disabled and pays £1.00 a week and will never pay off the CCJ

[nemesis45]

Re: CCJ - possible order to obtain? Welcome Finance /IND

Ok, well, I will keep trying to get this letter re delivered by APS..

Just to be clear, the chances of them accepting my payment plan sent last week is minimal if they have started this process?

IND has always been unpredictable when approached with " payment plans" I would not like to guess what the reaction might
be to your proposal, you would be wise at this point to inform IND that the order has not been served and APS is not responding,
to calls if you cannot get sense out of a call centre desk jockey put all of this in writing by signed for post addressed to senior staff
member.

nem

[nickprice153]

Re: CCJ - possible order to obtain? Welcome Finance /IND

I've contacted IND and made them aware in still awaiting to be served with this letter. She said on the system it is out to be re delivered & she can't tell me when etc. I asked what happens if I keep missing the APS: she informed me they will just set a new date at the court?

She also acknowledged the letter and said its being reviewed.

Seriously worried as I don't want a AEO due to the nature of my job, likely hood is may lose it I just want to set an agreement and be on my way!

[judgemental24]

Re: CCJ - possible order to obtain? Welcome Finance /IND

Now this is a very, very long shot

If we are talking of a welcome agreementf from 8 years ago i can almost guarantee it will be unenforceable, so i have to ask

!. did you defend the IND court claim, if not, why not

2. did you take any advice from a forum such as this to a possible defence

3. Most important, when was the CCJ issued by the court, how long ago

Do not worry about the attachment of earnings, you can do a standing order but you will have to stick to it or they can then force any attachment of earnings if agreed by the court

[nickprice153]

Re: CCJ - possible order to obtain? Welcome Finance /IND

I had a solicitor look at it and it was enforceable by all accounts. I couldn't afford legal help, so went at it alone. Failed clearly. The CCJ was only last year. But was told contact would be made, no such contact has, but I am assuming this is "the contact" they have referred to.

The questioning is with a court clerk, not a judge, so nothing will be agreed then I assume; but it would seem once I've completed this, they will relay the information back to IND and they can choose the route they wish to take? Should I make it clear in the questioning that I want to set up a payment arrangement and NOT have an Attachment? Will the clerk advise IND of a route?

[judgemental24]

Re: CCJ - possible order to obtain? Welcome Finance /IND

At the end of the day it is what the judge decides, not the court clerk.

You need to do some sort of declaration that is all you can afford to take to the court otherwise you will be subjected to severe financial hardship

If the CCJ was last year i very much doubt any thing can be done with this now as to a challenge

Just to satisfy my cureosity any chance of scanning the agreement and posting it up??

Redact personal details but leave in the figures