CCJ - possible order to obtain? Welcome Finance /IND

[nickprice153]

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

Have you asked for this to be put in writing, If no do so asap.
You need to ensure that payments are made by standing order then only you can change the amount DD's ARE open to abuse!

Has Link stated that this " agreement " is not made under the terms of a consent (Tomlin) Order.

Nem

Oh Sorry, not sure if I explained properly; No agreement has been made at all with regards to payments yet; I still need to go to court for the questioning on the 10th of november.

I would assume a Standing Order is what would be arranged as the court would be dealing with the payment plan? If not, I will insure it is done by Standing Order.

As for the interest, she said it will be posted to confirm; However, I also have a cool gadget and recorded the call!

[nemesis45]

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

Oh Sorry, not sure if I explained properly; No agreement has been made at all with regards to payments yet; I still need to go to court for the questioning on the 10th of november.

I would assume a Standing Order is what would be arranged as the court would be dealing with the payment plan? If not, I will insure it is done by Standing Order.

As for the interest, she said it will be posted to confirm; However, I also have a cool gadget and recorded the call!

What has Link actually proposed that a payment plan is to be put in place via a Consent Order?

nem

[nickprice153]

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

They have proposed nothing as of yet. I explained that its £12,000 and I don't have that, I want to pay monthly.

She explained that there is an option at the end of the questioning sheet to make an offer of monthly payments & said that the court would forward them the I&E along with my offer and should they agree to it, i would start making payments on the suggested date?

Im not to sure what a consent order is in all honesty

[Amethyst]

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

I think he's going to a hearing on 10th November for statement of means questioning with a view to having installment payments set by the court.

Nick, the payments will be made direct to IND - if you do it by standing order you will have a record of payments being made. If you fail on payments they would be able to go back for other enforcement measures, so it is good to have a decent record just incase anything goes awry.

Once the amount is set then either party will have to go back to court to amend/vary the amount. you can pay them more if you want to clear the judgment debt down but they can't ask you for more without further court applications. The court can order for it to be reviewed in a year depending on circumstances.

So long as your income and expenditure is sound and you have answered all the questions and shown you are willing to make the payments, and they are realistic long term, then you should be absolutely fine.

A consent order would be a way of sorting out installment payments BEFORE you got a CCJ, so don't worry about that.

[nemesis45]

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

They have proposed nothing as of yet. I explained that its £12,000 and I don't have that, I want to pay monthly.

She explained that there is an option at the end of the questioning sheet to make an offer of monthly payments & said that the court would forward them the I&E along with my offer and should they agree to it, i would start making payments on the suggested date?

Im not to sure what a consent order is in all honesty

A consent order is an agreement between the parties to a claim, where the terms of a settlement are set down in a court order signed by both parties and sealed by the court. Such a order is binding on both parties and as long as the defendant keeps to the agreement no CCJ is made. If however the defendant breaches the agreement the claimant can seek summary judgement.

nem

[nickprice153]

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

I think he's going to a hearing on 10th November for statement of means questioning with a view to having installment payments set by the court.

Nick, the payments will be made direct to IND - if you do it by standing order you will have a record of payments being made. If you fail on payments they would be able to go back for other enforcement measures, so it is good to have a decent record just incase anything goes awry.

Once the amount is set then either party will have to go back to court to amend/vary the amount. you can pay them more if you want to clear the judgment debt down but they can't ask you for more without further court applications. The court can order for it to be reviewed in a year depending on circumstances.

So long as your income and expenditure is sound and you have answered all the questions and shown you are willing to make the payments, and they are realistic long term, then you should be absolutely fine.

A consent order would be a way of sorting out installment payments BEFORE you got a CCJ, so don't worry about that.

That's exactly it. I understand the consequences and completely agree that the debt is owed. So WANT to pay it off. I have everything already in a folder ready to produce should they ask and wont be cutting any corners on the I&E.

Will live and learn!

Top Tip....Stick with the cheaper cars! ha!

[Amethyst]

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

lol, indeed

Best of luck with it - you sound like you are in the right frame of mind and have things all sorted.

[nickprice153]

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

Just back from the Questioning. Very very relaxed and not what I expected. The officer was very pleasant and I actually was given the form in the waiting room and she just skimmed over it when I got in confirming a few bits. Didn't ask for a crazy amount of paperwork; She passed comment that shes never had someone so prepared.

I offered £150 pcm starting on the 1st December and attached a letter explaining that an application for an "attachment of earnings" order would highly result in me losing my job and basically groveling!

They will now send it to Welcome/IND and they will write to me to confirm they have accepted the offer or not. She seemed to think I had nothing to worry about which is all good.

Thanks for all your help guys and gals!

I will let you know once I have heard from them (hopefully sooner rather than later) but either way, I will make a payment of £150 on the 1st December.

[Amethyst]

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

Ahh that is good news. Fingers crossed Welcome/IND just go with it. It is always nice to hear back from someone after one of these 'questionnings' as they really do seem very intimidating and scary on paper, so hopefully someone else facing similar will see your experiences and not feel quite so worried.

[nemesis45]

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

Well done Nick!!
nem

[nickprice153]

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

Last update and possible question guys....feel free to tell me to stop asking questions and to do one lol!!


Firstly! Great news! Had confirmation from IND that they have accepted the payment offer today! I called to confirm and the have sent a letter out accepting my payment plan! So relieved to get that sorted and in place!!!

Second! Thanks for all your advice and help on here! It was pretty worrying not knowing what your gong into, and when you read stories of bailiffs, prison, bankruptcy etc, you mind go's into melt down!!

So third and hopefully last advice! Welcome finance reduced the amount by £731 due to not sticking to sending me statements for 3 years and took the interest off which got me wondering; I have ticked the PPI box on the loan; Should I claim back the PPI from welcome and effectively have them reduce the amount by whatever the cost of the PPI was? Or would I be rocking a very uneasy boat here?

[Amethyst]

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

I would deal with the PPI separately - get this sorted with IND, then put in a complaint about PPI to Welcome and go through the Financial Ombudsman separately. If you get a refund you can always use it to bung at IND as a F&F on your agreement.

[nickprice153]

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

I would deal with the PPI separately - get this sorted with IND, then put in a complaint about PPI to Welcome and go through the Financial Ombudsman separately. If you get a refund you can always use it to bung at IND as a F&F on your agreement.

That's what I was planning on doing, if I hit Welcome Direct the correct routes. I have no idea how to work out the amount owed, but, even if its £50, id be happy to take it! I think its vital I have all of the IND agreement on PAPER before i go to welcome. I would assume welcome would just take it off the debt as despite PPI being owed to me, the do infact have a CCJ for money I OWE them

[nickprice153]

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

Anyway i wont drag this thread out for PPI information, if need be I shall start a new one!

But ultimately! this worked out how i wanted Worst case! Small personal win in my head!!

Cheers