Welcome Finance unknown CCJ from 2007, now a charging order from Cohens

[marshma]

Thanks for them. According to them links I should have had some papers from the court regarding this. When I call them tomorrow I will see what they say. I am just wondering if the solicitors are lying hmmm confused

[Guest]

.....I have never ever received any paperwork from a court regarding a charging order, same way as I never got paperwork for the ccj Welcome got against me in the first place.

 

maybe try for a set aside, if appropriate?

[broken arrow]

You could contact your area land registry, tel no TEL: 0115 935 1166

Also ask whether it is a charge or restriction, if it actually exists.

[coledog]

Is there any reason why you did not get the original court documents? You can apply for a Set Aside if you you did not receve the original docs BUT you must have a reasonable defence against the original claim. If you can provide some more details we can help you.

 

You must get the original claim forms and judgement and need to know which court was used. Courts seem to be very bad at re-issuing these so it may be better to write politely to the solicitors and request that they send them to you, enclose a stamped addresses envelope.

 

Who brought the claim and do Welcome still own this?

[debbbbsy]

When they made the application to court for an Interim Charge,

you should have recieved the papers from court.

 

If it is a joint mortgage, the other party also recieves paperwork informing them.

 

You then recieve a letter from the land registry, confirming that an Interim charge is in place.

 

Once they have full charge.

 

You would recieve notification from the court, from the land registry, and also your mortgage provider.

 

If you haven't recieved anything at all, then something dodgy is going on,

especially as you never recieved anything about the CCJ.

 

It is not uncommon for a DCA to behave this way, and Howard Cohen are the inhouse solicitor for the Lewis Group ( CL finance).

 

Debs

[marshma]

I have no idea why I did not receive any court documents for anything.

 

Bit of background is ,

 

i got a car through Welcome, within a week the brakes had failed,

i took it to a mechanic and it was very dangerous.

 

i called Welcome and told them this, told them to take the car back and cancel the agreement.

 

They said they would send me out some paperwork, they did not do this.

 

They also did not take the car back for ages.

 

I went to Welcome many times and they fobbed me off many times and took paperwork and never returned them.

 

I then find out late 2009 that i have a ccj against me,

i have asked Welcome many times for a copy of my file and they have ignored me,

i have written to their solicitors and they have ignored me to.

 

last week i found this site and have sent in a SAR with Postal Order.

 

I have written to their solicitors asking them to make sure their client replies or I will be complaining.

 

I have also written to Northampton County Court asking them for a copy of the ccj

[marshma]

Is there any reason why you did not get the original court documents? You can apply for a Set Aside if you you did not receve the original docs BUT you must have a reasonable defence against the original claim. If you can provide some more details we can help you.

 

You must get the original claim forms and judgement and need to know which court was used. Courts seem to be very bad at re-issuing these so it may be better to write politely to the solicitors and request that they send them to you, enclose a stamped addresses envelope.

 

Who brought the claim and do Welcome still own this?

 

Howard Cohen write to me and mention Welcome as the client so I think they still do.

 

I have no idea why I got no court documents but i definitely would have defended myself mainly

because they sold me a masively dangerous car and it was given back.

 

I never made any payments because I told them to take it back within a week

[coledog]

It sounds like you had a reasonable defence here. You need to write to the courts concerned again and use their complaints process. I will add a link to the MOJ website which explains about complains.

 

You also need to write to the solicitors and request that all the documents pertaining to your case be forwarded to you within 72 hours or you will take court action for disclosure of these. You can also complain to the SRA about them, threaten this

 

MOJ via http://www.justice.gov.uk/contactus.htm

 

SRA http://www.sra.org.uk/solicitors/solicitors.page

 

You must get documents to help you to apply for a Set Aside

[marshma]

Thanks coledog.

 

I called the court today and they said they have no file open on me and everything was sent back to the solicitors.

 

I then called the land registry and it is on there.

 

They said I have to go onto their website and pay £4 to get the information.

 

I am a bit confused tbh,

 

how can they get a charging order without me receiving court papers,

 

i thought the court sent them?

[broken arrow]

If and when they got the Charging order the court should have sent you first an N86

which would have been the interim charging order and then an N87 final charging order.

 

The other side would then have to make an application to the land register to have the charge registered on form RX1,

 

this application should have had supporting documentation,

 

which would have been the N87 from the court,

 

I would contact the LR again and ask what supporting evidence they submitted with their aplication.

 

To remove the restriction/charge you make an application using form RX3,

but again you need supporting evidence to why the charge should be removed

[coledog]

Would you challenge the original CCJ also BA as it seems to be very suspect?

[broken arrow]

Would you challenge the original CCJ also BA as it seems to be very suspect?

 

I would pet, but thats me, the OP needs to gather more info first.

[debbbbsy]

I then called the land registry and it is on there

 

This is extremely odd.

 

You should be recieving letters about the application for a charge, and then if a charge has been granted, from various interested parties.

 

Your not recieving anything in writing from anybody, except HC who say they have the successfully litigated.

[debbbbsy]

I would pet, but thats me, the OP needs to gather more info first.

 

Agree totally. An application to Set a side the original CCJ is a must, but first gather as much info as possible. As I foresee not only a Set aside but also a Counterclaim for costs & damages.

[marshma]

Thanks for your posts.

Right today

i am going to apply to the land registry to get a copy and details of the charging order. I

 

also received a letter from Lewis Debt Recovery ,

this is the first contact i have ever had with them and they have said this

 

We refer to previous communications in the matter.

in particular your letter forwarded to us from Howard Cohen

 

We can confirm that our clients Welcome Finance have advised that there is no dispute regarding this account

therefore please contact us immediately on (phone number) to discuss repayment of the outstanding balance.

We trust this clarifies the matter

 

Right these ones have never sent me anything or called me,

i always head my letters with account in dispute as it has been in dispute ever since i got the car finance.

 

What do i do about this letter.

 

I am still waiting for my SAR which i would think welcome will ignore.

 

Shall i write to the solicitors to ask them for everything they have regarding the case,

 

if so will i need to send them a postal order like i did with the sar for welcome.

 

I am also quite bad at writing letters so any help there would also be much appreciated

[coledog]

No you don't need to pay the solicitors anything for supplying the information,

they should have sent you all this originally.

 

Simple letter saying that you require all the documentation in relation to recent court proceedings

initiated by them forwarded to you within 72 hours.

 

If they do not comply with this request,

 

you will make application to the County Court for provision of these documents and associated costs.

 

Refer to any previous letters you have sent them. send recorded

[marshma]

Thank you, so if i get all this i dont need to get it from land registry website?

 

What do i do about the letter sent from Lewis Debt Recovery?

[marshma]

It sounds like you had a reasonable defence here. You need to write to the courts concerned again and use their complaints process. I will add a link to the MOJ website which explains about complains.

 

You also need to write to the solicitors and request that all the documents pertaining to your case be forwarded to you within 72 hours or you will take court action for disclosure of these. You can also complain to the SRA about them, threaten this

 

MOJ via http://www.justice.gov.uk/contactus.htm

 

SRA http://www.sra.org.uk/solicitors/solicitors.page

 

You must get documents to help you to apply for a Set Aside

 

I have found this link via the MOJ website : http://www.hmcourts-service.gov.uk/infoabout/complaints/index.htm

 

This says I have to write to the court first with the complaint and they should deal with it etc

[coledog]

This says I have to write to the court first with the complaint and they should deal with it etc

 

Yes correct

 

Ignore Lewis Debt Recovery for now. Never ever ring them

 

I think it is worth harassing the courts, the Land Registry and the solicitors as you need to get this information

[marshma]

Yes correct

 

Ignore Lewis Debt Recovery for now. Never ever ring them

 

I think it is worth harassing the courts, the Land Registry and the solicitors as you need to get this information

 

Thanks for your help

 

The land registry were very vague if i am being honest,

they just confirmed it was welcome finance and said if i wanted anymore information

i would have to go on their website and order it for £4.

 

I was thinking that if i did this surely it still wouldnt be all the documents i need,

it is just the charging order on my house papers and no actual facts regarding

the charging order itself or have i misunderstood?

 

I refuse to speak to anyone on the phone and have told them many times.

 

Ok so tonight when i am home from work i must do the following things

 

1) write to solicitors asking for all information regarding ccj and charging order

and they have to reply within 72 hours otherwise i will complain

 

2) write to the court complaining that i received no documentation regarding ccj or charging order

 

3) write to land registry and ask why i received no paperwork from them regarding the charging order against my property

 

Can you think of anything else? I am getting my head in a mess and don't want to forget or mess anything up

[marshma]

My letter writing is not the best so i thought i would post what i have written to Howard Cohen

regarding Welcome Finance,

 

please all let me know what you think and if it needs adjusting let me know . Thanks in advance

 

 

Welcome Financial Services – ACCOUNT IN DISPUTE

 

 

 

I request that all the documents pertaining my case be forwarded to me within 72 hours

or I will have no choice but to make an application to the county court for provision of these and associated costs.

As I have never received any paperwork from yourself or your client regarding the court action against me

I feel I have no option but to report you to the SRA if you do not forward me the paperwork I ask for.

Edited February 22, 2011 by marshma

[PriorityOne]

Do you have a thread on this? If not, please give us the background of the case.

 

I think you mean SRA and not SAR.....

[marshma]

Hiya, yeah i mean SRA

 

There is a post in Legal Issues that i started yesterday called calling the court regarding a charging order. Not sure how to do links or if i even can

[Guest]

marshma, you seem to have a few threads going on this? maybe best to keep to one thread?

imo

[marshma]

Yeah i have been trying, everytime i try and post on my last thread in Legal issues it says

I am not logged in and then i try and log in and it just keeps saying the same , sorry

 

If someone can merge them together then feel free