Welcome Finance Claim Form from Northampton County Court

[citizenB]

I will flag your thread for some help, you could possible still apply for a set aside if you can now afford the fee ?

[mikeyb101]

Thanks that'd be great. I can afford the fee now.

[citizenB]

What would be your reason for applying for a set aside ?

 

Why did you miss the defence deadline ? Would you have a good defence ?

[Andyorch]

Did you acknowledge service ?

 

Regards

 

Andy

[citizenB]

I find it quite bizarrre that they have issued a claim against you, but are making it very difficult for you to obtain information by way of both legal routes - Subject Access Request and CPR !

[mikeyb101]

What would be your reason for applying for a set aside ?

 

Why did you miss the defence deadline ? Would you have a good defence ?

 

Set-aside - The CCJ said the default judgment was issued because I didn't return the claim form, but I had.

Secondly I was paying PPI when I wasn't entitled to it (which would also have been my defence).

 

Why did I miss the defence deadline - I was busy trying to keep my business going and also Welcome and Hegarty haven't sent me any of the information I have repeatedly asked for.

[mikeyb101]

Did you acknowledge service ?

 

Regards

 

Andy

Acknowledge service of what? The original claim form (Yes) or the CCJ (no, it just came through the post).

[mikeyb101]

I find it quite bizarrre that they have issued a claim against you, but are making it very difficult for you to obtain information by way of both legal routes - Subject Access Request and CPR !

Having read other threads about Welcome Finance on here and on elsewhere I think it's completely normal where Welcome are concerned. They seem to stall at every available opportunity and use every means they can to get money from me.

[havinastella]

I don't think that you will be able to get this set aside, you really really need to stick to Court deadlines as I pointed out to you on 31/7/12.

 

Now although they have a CCJ against you, there is nothing to stop you from taking them to Court for the late payments and PPI! This may well be enough to wipe the CCJ you owe.

[Andyorch]

Definition of Default Judgment

 

Once a claim has been issued the defendant has 14 days in which to respond. If within that time they file an acknowledgement of service they are entitled to a further 14 days to return their defence. The law states that, if the defendant does not file an acknowledgment of service or defence, the claimant is entitled to ask the court for a default judgment. A default judgment is, therefore, a judgment entered without a trial after the defendant’s failure to defend the claim.

 

Irregular Default Judgments

 

The law distinguishes between two types of default judgments: “regular” and “irregular” judgments. A default judgment will be irregular if it has been entered when:

 

• The defendant has filed an acknowledgement of service or a defence;

• The time for filing the acknowledgement or defence has not yet expired;

• The defendant has made an application to strike out the claim or for summary judgment;

• The defendant paid off the whole claim, including any costs and interest, before judgment was entered;

• The defendant has filed an admission to the debt and asked for time to pay.

 

A default judgment entered in any of these circumstances is not valid in law and the court must set it aside.

 

Regards

 

Andy

[citizenB]

You had a time scale to adhere to from the minute that you were served with the Claim. .

 

Issue date + 5 days for service + 14 days to acknowledge and if you were going to defend, then you would have received a further 14 days.

 

Acknowledgment of the claim is the first step - 19 days from date of issue and then the defence 14 days later at 33 days.

[mikeyb101]

Had another letter from Welcome yesterday that again said they need £1 and more ID from me to send me the documents I requested. Do I need to file an N244 now and how will that help me when I go for questioning later this week?