CCJ - possible order to obtain? Welcome Finance /IND

[nemesis45]

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

Thanks I work in property so have a lot of links to solicitor firms; I will email him everything I have got an go from there.

if "Set Aside" How long does that last or is it permanent?

Set aside quashes the original judgement, in your case Nick judgement was based on the " wrong " agreement, you must have a defence to the original claim that has a reasonable chance of success clearly you have this in the HP agreement you have to hand.

nem

[judgemental24]

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

If a set aside is granted the CCJ is removed permanantly

It is then up to the creditor if they wish to go back to court and try for another one with a fresh claim

Remember with these agreements

These second agreements were a rewrite of the first to varey the first agreement

In other words lower payments over a longer repayment period

But the debtor knew nothing of them

[nemesis45]

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

Thanks I work in property so have a lot of links to solicitor firms; I will email him everything I have got an go from there.

if "Set Aside" How long does that last or is it permanent?

I would certainly put the whole matter in front of a solicitor, there are some complications with the rewritten agreements often these were just drawn up and filed never copied to the borrower or signed by any Welcome staff, some of these when they came to light have resulted in the debts being written off.

nem

- - - Updated - - -

Thanks I work in property so have a lot of links to solicitor firms; I will email him everything I have got an go from there.

if "Set Aside" How long does that last or is it permanent?

I would certainly put the whole matter in front of a solicitor, there are some complications with the rewritten agreements often these were just drawn up and filed never copied to the borrower or signed by any Welcome staff, some of these when they came to light have resulted in the debts being written off.

nem

[nickprice153]

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

So just to be absolutely clear here;

I have an ORIGINAL signed document; HP Agreement 2438080 - Signed by me & Welcome on the 27/3/2007

The claim & CCJ is for: Hire Purchase agreement number: 2454456 - Suggesting a starting date of 26/9/2009

The claim was under "fixed sum loan agreement" regulated by the consumer credit act.

I now have a CCJ for the amount of £11,503.16. (£3012.72 of that are IND Charges)


This all dates back to last year, where the judge has deemed the evidence enough to give me a CCJ. Fast forward to current day and I am currently awaiting to be served to attended court for questioning; I have contacted IND and they have informed me this is for the 10th November. However, I have still not been served.

[judgemental24]

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

To be blunt

You ned to prove that the agreement number: 2454456 - Suggesting a starting date of 26/9/2009 is legit and cosher

That is get them to prove you requested a change in agreement, what welcome office did you attend to sign that agreement to varey the original

That is time, date, and place of this welcome office backed up by welcomes own computer screen prints

[nickprice153]

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

To be blunt

You ned to prove that the agreement number: 2454456 - Suggesting a starting date of 26/9/2009 is legit and cosher

That is get them to prove you requested a change in agreement, what welcome office did you attend to sign that agreement to varey the original

That is time, date, and place of this welcome office backed up by welcomes own computer screen prints

Simply put, I never, ever agreed or had a conversation about another agreement. I have never visited an office of Welcome finance, and a member of Welcome Finance never visited my home to do this at any point.

I can assure you, there will not be ANY signed documents relating to any other Agreement, in anyway.

[nemesis45]

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

So just to be absolutely clear here;

I have an ORIGINAL signed document; HP Agreement 2438080 - Signed by me & Welcome on the 27/3/2007

The claim & CCJ is for: Hire Purchase agreement number: 2454456 - Suggesting a starting date of 26/9/2009

The claim was under "fixed sum loan agreement" regulated by the consumer credit act.

I now have a CCJ for the amount of £11,503.16. (£3012.72 of that are IND Charges)


This all dates back to last year, where the judge has deemed the evidence enough to give me a CCJ. Fast forward to current day and I am currently awaiting to be served to attended court for questioning; I have contacted IND and they have informed me this is for the 10th November. However, I have still not been served.

Ok,

What are IND charging " contractual" interest?
The amounts on these agreements are the same?
nem

[nickprice153]

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

They have classed it as "IND interest"

The only agreement sent to me via IND was a faxed copy of the original one with no front sheet, the front sheet had the agreement number on.

However, on the "Hire Purchase statement" which they provided (with the unheard of Agreement number) has very Slight variations;

Original Agreement signed by me;
Amount of credit: £6849


Hire Purchase statement in wrong agreement
Amount of credit provided £10725.40

[judgemental24]

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

Just to confirm

This interest being charged by IND

is that since the original court claim at 8% or is it contractual interest??

[nickprice153]

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

It was in the court claim of contractual interest. (15% i think)

[judgemental24]

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

Again we have more problems

IND can only charge contractual interest once the agreement has been assigned if the original welcome agreement has the provision allowing it.

They do not

Infact most finance agreements from most creditors do not have that clause. They can only chage interest from date of the claim to judgement at 8%, that is all

Once an agreement has been assigned then it has been termnated so no interest can be charged unless in the original t&c

You have been done up like a right kipper

[nickprice153]

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

Ok,

So I have passed all the paperwork I have to the solicitor. However, I am planning for the worst.

In anyone's experience, how harsh do they tend to come down on someone after this questionnaires? Will they ask me there what I am able to pay etc and go from that.

I have still yet to be Served for this date and I have had a look online and it says I must be given 14 clear days before the date, so that really only leaves them another 3 weeks or so...

Thanks again guys! You've been a big help

[nemesis45]

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

They have classed it as "IND interest"

The only agreement sent to me via IND was a faxed copy of the original one with no front sheet, the front sheet had the agreement number on.

However, on the "Hire Purchase statement" which they provided (with the unheard of Agreement number) has very Slight variations;

Original Agreement signed by me;
Amount of credit: £6849


Hire Purchase statement in wrong agreement
Amount of credit provided £10725.40

IND are well known for sloppy paperwork and attempting to charge interest where it is not permitted.

In the agreement (s) is there any clause regarding the " contractual " interest if not it is open the challenge,
i.e. The defendant avers that the claimant in not entitled to claim interest at the rate of XX% referred to as " IND Interest"
nem

[nickprice153]

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

It may be easier for me to upload everything on here? But have no
Idea how! I could email it to someone?

Had another APS card, it's 2 now but still no luck! Apparently the my don't have a "depot" they just deliver!

[nemesis45]

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

It may be easier for me to upload everything on here? But have no
Idea how! I could email it to someone?

Had another APS card, it's 2 now but still no luck! Apparently the my don't have a "depot" they just deliver!

Ok I'll ask a member of the LB team to help you.

Bump for [MENTION=49370]Kati[/MENTION]
nem