Court issues with a debt company **Help needed**

[mochochoco2004]

Hi,
My husband received a hand delivered letter a few weeks ago from court, it was an order to attend for questioning about his income and outgoings. We have been granted a court date in September for a hearing to have it set aside, however they are still saying we need to go to court this week and give details about our income if we don't my husband can be arrested. However I do not want to put Septembers court date in jeopardy by giving them our income and us looking like we are admitting the debt. Please can someone advise on what to do.
I have tried local solicitors around me but not are for defending debt they are all for collecting.
No idea what it was about at the time, however we found out the company was IND Limited so i sent for a SAR request and have since found this out:
My husband had a loan from welcome finance last payment was in 2008 and it defaulted in 2008 a court claim was issued in May 2012 and we think the original claimint was welcome finance however IND were acting on their behalf at the time. A judgement was entered in the August 2012 but was reversed a week later. There was no contact from either party (Welcome finance or Ind). A stay was put in place. In June 2016 welcome finance sold the account to IND. They made an application to the court in September 16 to be substituted as the claimant which was granted. They apply to the court for request of judgement in January 2017 they did not receive a response so sent another letter. The judgement was refused in May 2017 as the case was stayed pursuant to CPR 15.11 and any application to lift the stay needed to address the lengthy delay since 2012. IND applied for the stay to be lifted with an attached witness statement states' the claimant failed to request judgement in 2012 due to an administration error. The application for stay to be lifted and judgement was granted.
Then we received the hand delivered letter.
I would just like to add that there is no court papers within the SAR request (even though they IND were involved in 2012). We did not know that it had gone to court in 2012 and when I spoke to the court the other day, they stated that they had nothing on their system regarding a judgement and reversal being given in 2012 on their system.
I know this is a long post but hoping anyone can offer help. I am lost within all the paperwork!

[pt2537]

Re: Court issues with a debt company **Help needed**

Hi,
My husband received a hand delivered letter a few weeks ago from court, it was an order to attend for questioning about his income and outgoings. We have been granted a court date in September for a hearing to have it set aside, however they are still saying we need to go to court this week and give details about our income if we don't my husband can be arrested. However I do not want to put Septembers court date in jeopardy by giving them our income and us looking like we are admitting the debt. Please can someone advise on what to do.
I have tried local solicitors around me but not are for defending debt they are all for collecting.
No idea what it was about at the time, however we found out the company was IND Limited so i sent for a SAR request and have since found this out:
My husband had a loan from welcome finance last payment was in 2008 and it defaulted in 2008 a court claim was issued in May 2012 and we think the original claimint was welcome finance however IND were acting on their behalf at the time. A judgement was entered in the August 2012 but was reversed a week later. There was no contact from either party (Welcome finance or Ind). A stay was put in place. In June 2016 welcome finance sold the account to IND. They made an application to the court in September 16 to be substituted as the claimant which was granted. They apply to the court for request of judgement in January 2017 they did not receive a response so sent another letter. The judgement was refused in May 2017 as the case was stayed pursuant to CPR 15.11 and any application to lift the stay needed to address the lengthy delay since 2012. IND applied for the stay to be lifted with an attached witness statement states' the claimant failed to request judgement in 2012 due to an administration error. The application for stay to be lifted and judgement was granted.
Then we received the hand delivered letter.
I would just like to add that there is no court papers within the SAR request (even though they IND were involved in 2012). We did not know that it had gone to court in 2012 and when I spoke to the court the other day, they stated that they had nothing on their system regarding a judgement and reversal being given in 2012 on their system.
I know this is a long post but hoping anyone can offer help. I am lost within all the paperwork!

Hi there

It seems you didnt defend the original claim? Did you make an application to set aside the judgment too?

Also, am i correct in thinking that you were unaware of everything that has happened until you got the Court letter? if that is the case it seems that the application to lift the stay may well have not been served on you, if that is the case there may be grounds to set it aside under CPR 23.10 although i cannot be clear on this at this stage.

With regards to attending Court, i think you must attend until the application has been heard the judgment and the Court order remains in place and enforceable against you so you should attend Court and answer the questions etc

- - - Updated - - -

Hi,
My husband received a hand delivered letter a few weeks ago from court, it was an order to attend for questioning about his income and outgoings. We have been granted a court date in September for a hearing to have it set aside, however they are still saying we need to go to court this week and give details about our income if we don't my husband can be arrested. However I do not want to put Septembers court date in jeopardy by giving them our income and us looking like we are admitting the debt. Please can someone advise on what to do.
I have tried local solicitors around me but not are for defending debt they are all for collecting.
No idea what it was about at the time, however we found out the company was IND Limited so i sent for a SAR request and have since found this out:
My husband had a loan from welcome finance last payment was in 2008 and it defaulted in 2008 a court claim was issued in May 2012 and we think the original claimint was welcome finance however IND were acting on their behalf at the time. A judgement was entered in the August 2012 but was reversed a week later. There was no contact from either party (Welcome finance or Ind). A stay was put in place. In June 2016 welcome finance sold the account to IND. They made an application to the court in September 16 to be substituted as the claimant which was granted. They apply to the court for request of judgement in January 2017 they did not receive a response so sent another letter. The judgement was refused in May 2017 as the case was stayed pursuant to CPR 15.11 and any application to lift the stay needed to address the lengthy delay since 2012. IND applied for the stay to be lifted with an attached witness statement states' the claimant failed to request judgement in 2012 due to an administration error. The application for stay to be lifted and judgement was granted.
Then we received the hand delivered letter.
I would just like to add that there is no court papers within the SAR request (even though they IND were involved in 2012). We did not know that it had gone to court in 2012 and when I spoke to the court the other day, they stated that they had nothing on their system regarding a judgement and reversal being given in 2012 on their system.
I know this is a long post but hoping anyone can offer help. I am lost within all the paperwork!

Also, are there any issues surround the debt,were there any disputes when you defaulted?

[mochochoco2004]

Re: Court issues with a debt company **Help needed**

Hi,
If we go to court on Wednesday and give them the information will it put Septembers set aside hearing in jeporady??
No we never defended as we didn't know anything about it, and when IND bought the debt in 2016 they carried on using Welcome finances court details to carry on the court claim and we didn't know anything about it.
We have applied to have it set aside and the case will be heard in September.
The issue we have got is we assumed that it went statute barred in 2014 as it defaulted in 2008, however now I have been told that because welcome fininace took it to court in 2012 this is not the case I am so confused with the information because we didn't know about them taking us to court it never got defended (acknowledged). They got a judgement then it got reversed a week later and then they never followed up with it so a stay was put in place. I have got to write to the courts and get themto investigate what this judgment was as nobody seems to know a thing about it. There is no paperwork in the SAR request about it the court doesn't know about it the only thing they have on their system is the judgement that got ordered this year.
Thank you for your help!

[pt2537]

Re: Court issues with a debt company **Help needed**

Hi,
If we go to court on Wednesday and give them the information will it put Septembers set aside hearing in jeporady??
No we never defended as we didn't know anything about it, and when IND bought the debt in 2016 they carried on using Welcome finances court details to carry on the court claim and we didn't know anything about it.
We have applied to have it set aside and the case will be heard in September.
The issue we have got is we assumed that it went statute barred in 2014 as it defaulted in 2008, however now I have been told that because welcome fininace took it to court in 2012 this is not the case I am so confused with the information because we didn't know about them taking us to court it never got defended (acknowledged). They got a judgement then it got reversed a week later and then they never followed up with it so a stay was put in place. I have got to write to the courts and get themto investigate what this judgment was as nobody seems to know a thing about it. There is no paperwork in the SAR request about it the court doesn't know about it the only thing they have on their system is the judgement that got ordered this year.
Thank you for your help!

I dont see that it would cause you any difficulties although i would draw to the Courts attention that you are applying to set aside the Judgment as you were not aware of the Claim being brought against you.

What you do need to do in my view is speak to the Court and check what address the application to lift the stay was sent to, check what address was on the Claim form as this will be vital information that you will need.

Once you have this info do let us know if the address is your current address, as there have been some cases where the wrong address was used to issue a claim and in those circumstances you may well be able to use this to your advantage

[mochochoco2004]

Re: Court issues with a debt company **Help needed**

When I spoke to the court they do have our correct address now, however according to the SAR paperwork in 2012 they had my husbands address as his mums address and apparently this was confirmed by his parents (This is not the case as we have been in the same address since January 2012). When they have claimed that there has been an admin error 2012-2016, statements were produced but the addresses that are on them are from the address he was at when he took out the loan and the other is his parents address (although no post was ever received at his parents house.).

[pt2537]

Re: Court issues with a debt company **Help needed**

When I spoke to the court they do have our correct address now, however according to the SAR paperwork in 2012 they had my husbands address as his mums address and apparently this was confirmed by his parents (This is not the case as we have been in the same address since January 2012). When they have claimed that there has been an admin error 2012-2016, statements were produced but the addresses that are on them are from the address he was at when he took out the loan and the other is his parents address (although no post was ever received at his parents house.).

So youre saying then that the Court has your correct address now but not back then when the claim was issued and progressed through the Court. Ok this is something worth exploring, although what we really need to know is whether you have any real defences to the Claim, as you may still need to show the Court at the application that there is a real prospect of successfully defending the Claim to have the judgment set aside.

[meluca]

Re: Court issues with a debt company **Help needed**

After looking at the SAR's paperwork it seems that not only did my brother not receive the application to lift the stay which IND state they issued in January, neither did the courts and the paperwork was then emailed over to the court in March ! (I am helping sort this out and ill be attending court with him tomorrow)

[mochochoco2004]

Re: Court issues with a debt company **Help needed**

I rang the court yesterday to get the exact address that the application to have the stay lifted was sent to, he could not give me a straight answer i asked him twice and he said i'm confused the letter would have been printed with the address that we have got on our system. He could/would not tell me what address was printed on the application.
Hope this helps

[beau55]

Re: Court issues with a debt company **Help needed**

im in a very similar situation. had a welcome finance loan in 2007. marriage ,business broke up etc. i moved many times. never heard a thing about this debt until this week. a hand delivered letter,Re order to attend court for questioning. aparrently either welcome of ind went back to court in 2013 to get a ccj against me. Can i find out if ind bought the debt from welcome? do ind have a rep for settling? im avoiding this collection company at this moment until i speak to someone at CAB

[meluca]

Re: Court issues with a debt company **Help needed**

im in a very similar situation. had a welcome finance loan in 2007. marriage ,business broke up etc. i moved many times. never heard a thing about this debt until this week. a hand delivered letter,Re order to attend court for questioning. aparrently either welcome of ind went back to court in 2013 to get a ccj against me. Can i find out if ind bought the debt from welcome? do ind have a rep for settling? im avoiding this collection company at this moment until i speak to someone at CAB

You definitely need to attend court for questioning (not actually court but rather a little room on your own while you fill in an I&E form, IND are after you making an offer of payment). In the meantime I would Sar both Welcome and IND. Are you certain that a ccj was granted back in 2013 ? Ring the courts and find out. My brothers ccj was only granted in May of this year ! As such we have a hearing for a set aside and defence on the basis of the debt being statute barred (last payment/acknowledgement in Aug 2008)