I called the courts up to explain that my partner cannot make tomorrows date and asked them what is going on, they said that the CCJ was not formalised back in 2013, I'm not too sure what this means but that is the reason it is not on his credit files or showing at trustonline. I explained to them that I believe they have made up a phantom payment to stop the debt being statute barred she said I may need to get legal advice and mentioned that it might be worth sending in a form N244 to set the judgement aside.

apologies for the late reply I have not been around over the weekend, I went back on trust online and entered our old address in and it also says nothing registered, I am very confused. I also went into his credit files, for all 3 agencies, all addresses are linked and there are no CCJs registered or defaults. The court date is tomorrow, is there anything at all that can be done ? Thanks again

No we have moved now we moved the end of 2014

I do have them i found the password and entered it into tge mcol website along with the claim number but it said they were incorrect the claim form is from 2013

After reading all of your helpful comments and also the N39 form again properly, i think this means that Welcome finance issued my partner with a CCJ on 30 October 15, if this is the case then why wouldnt the CCJ be showing on the trustonline website and also why does this not show on his credit file ? dx100uk, you asked what MCOL say the status of the claim is on MCOL, i apologise but i do not know what MCOL is, is it a website, if so how would i see what they say with regards to the CCJ ? Thanks again guys

Yes i still have the old court papers, how would i go about taking the next step and do i have time bearing in mind the court questioning date is in 4 days , have i done the right thing in copying all correspondence to the courts ? Will it have any positive effect and will my partner still have to physically go to court ?

Just paid the £4 to check his records and it says nothing registered which ties in witg his credit files

Unfortunately i don not have access to a scanner until tuesday now but all they handed him was a form N39 order to attend court for questioning form. Definately no ccj on the credit file and tte default dropped off a few years back

This was on his credit file for 6 years from 2006 to 2012 then the default dropped off, he has no other defaults or CCJ's

Hi guys, My partner took out a loan from Welcome Finance in 2006, he only made a couple of payments to them back then then never heard a thing from them, they never tried to chase up for missed payments etc until he received a letter back in 2013 from IND along with court papers, i sent them a statute barred letter and also copied in the courts and then never heard anything back from them. Last week we had a knock at the door from a man who handed my partner a court form N39 order to attend court for questioning, he has to attend on 9th August 2016 with regards to this. I immediately sent IND a letter claiming that the debt was statute barred and they replied within a day saying that it is not statute barred along with this explanation as to why " With regards to your assertion that the debt is statute barred, we would refer you to the claimants witness statement that was sent to you in preparation for the hearing listed on the 30th October 2015. The witness statmement confirms that you made your last payment on 1st September 2008 for the amount of £65.00. The claim was issued on 5th June 2013. The claim was brought within 6 years of the last payment and as such the debt is not statute barred" Now we moved house 2 years ago therefore never received the witness statement that they mentioned but more importantly a payment was never made by my partner for the £65 they mentioned. I replied again to IND and copied in the letter i originally sent them in 2013 and mentioned again that my partner has no recolection of the debt. I also asked them for a copy of my credit agreement. My partner has received a response this morning from IND, this is the narrative from the letter they have sent. "We write with reference to the above matter and further to your letter dated 29th July 2016, received 3rd August 2016 please note that as the judgement has already been entered, there is no requirement to supply you with documentation under S77-79 of the consumer credit act 1974. please therefore find attached your returned cheque for £1. Please however find attached copy agreement and IND Ltd statement of account for your reference. Please note that your letter dated 23rd May 2013 was responded to in the claimants witness statement prepared for the small claims hearing. As previously advised, the debt is not statute barred" Now they have sent a copy of the signed credit agreement dated April 2006 but they have also supplied a statement and the £65 they previously mentioned is not on this, the only movements on the statement are from 26/05/12 onwards bringing in the outstanding loan amount to IND and the rest is court costs and interest charges. IND have not mentioned the £65.00 in their response. I am really stuck as to what to do next, i believe that the debt is definately statute barred, my partner has not once admitted to owning the debt, even to the man that called at the house, he has not made a payment to Welcome or IND since 2006. I may be wrong which is why i need help, my partner is terrified to have to go to court next week and would have liked to have had a positive response before the date he is due to go. I have sent a copy of all of the correspondence to the court . Any help whatsoever would be much appreciated. Thanks

Hi, Just wondering if you ever got a reply from Creation as to why they took so long to default you . I have the same kind of situation, defaulted on my payments back in 2008 and never heard a peep out of Creation, they never tried to chase the debt etc but kept marking my credit file as 6 late payments rather than a default, they did this up to 2014 when the debt should have become statute barred and the month before they issued me with a defualt which has been on my file ever since (early last year). I have logged in to Experian this week to check my credit score and it had jumped up by 200 points, had a look and the default from Creation has disappeared, just wondered if they have had a case against them and lost meaning they have to amend the late defaulted files ?

I sent it on the 12th june

Hi citizenB, i think you have got me mixed up with the person who posted in my thread (tezza1234), im the original poster of the thread, i sent a defence to the courts online as the welcome loan was statute barred not heard anything back from either Hegarty / Welcome or from the courts, just needed to make sure there wasnt anything else i was supposed to be doing ?

Thanks again for your replies guys, now its been 12 days since i last posted and not heard anything back from anybody although i did receive more court papers through the post a few days ago but these were identical to the first set received including same case number etc and so i just ignored them as they must have sent them through twice by accident ? Just a quick question should i have been sending anything to the claimants to say that i have defended their claim or do the courts do all of the communicating now ?

Thanks very much, i have now submitted everything online. Do you know how long it usually takes to hear anything back and also what the next step is ?