14 year old welcome finance CCJ now Intrum chasing

[tezza1234]

What if i just ignored it, for now until after xmas at least,

 

 

Ive done everything i am supposed to, is it my job to go chasing them if they have done a admin error.

[tezza1234]

UPDATE!

 

Finally received a letter from the court,

they have ordered that i pay £10 per month to the claimant (welcome finance) and that the first payment should reach the recipient no later that 4th January 2014.

 

Im happy with this but it does leave me with some questions.

 

How do i pay the claimant, do i have to get in touch with them.

 

do i just pay this £10 a month for the next 5 years until CCJ drops of my credit file or is it until the debt is clear.

[ploddertom]

UPDATE!

 

Finally received a letter from the court, they have ordered that i pay £10 per month to the claimant (welcome finance) and that the first payment should reach the recipient no later that 4th January 2014. Im happy with this but it does leave me with some questions.

 

How do i pay the claimant, do i have to get in touch with them. Not necessarily but depends on how you want to make payment. If paying through the bank then yes you will need to contact them but if paying by cheques you could just send it with your "reference" on the reverse. One point to note is that to ensure payment is made by cleared funds before or on the 4th of the month is to make payment approx a week previous and also watch out for weekends. That way it gives them no wriggle room because don't forgt they may also apply to have the Judgment varied at a later date.

So do i just pay this £10 a month for the next 5 years until CCJ drops of my credit file or is it until the debt is clear. Until the debt is clear.

 

PT

[tezza1234]

Really wow,

i find that amazing on a unsecured debt,

 

the debt is £4900 odd and im paying £10 a month for the next 40 odd years,

 

are you sure that is correct.

 

If that is the case then could i now sent of a SAR or something to try and get the debt lowered as im sure its got lots of unfair charges, PPI ect....

[ploddertom]

CCJ's never become Statute Barred.

[tezza1234]

But they do come off the credit file after 6 years do they not, would welcome still be able to act on this ccj if i stopped paying in say 10 years.

[ploddertom]

Yes it will drop off you credit history but is still payable.

 

Also normally after 6 years have elapsed then if no action has been taken to enforce payment of a CCJ that has gone unpaid then a creditor may have trouble persuading a Judge they can then do so,

 

however as agreement has been reached as in your £10 per month, then they could take further action without too much trouble.

 

I would imagine somewhere down the line Welcome may assign this to AN Other so they can write it off their books.

 

As for PPI or charges then there is still nothing to stop you submitting a SAR to them to see what it reveals.

 

If there is something on there I'm afraid I don't know whether you can challenge it or not as sometimes a CCJ overrules.

 

Why not make a post in the Legal Forum to see if anyone can help - along the lines of:

 

I have a CCJ and payments ordered at £10 per month but there may be PPI or charges, if so can I reclaim them or still make a counterclaim.

[tezza1234]

i have a CCJ courtesy of Welcome finance issued 2 years ago,

eventually it was agreed i would pay £10 per month,

 

so i did, for about 4 months,

 

then i lost the barcode thing to pay with,

emailed IND to get a new one (who were acting on behalf of welcome)

but no reply, never heard anything again.....Until now.

 

Today in my post box, a letter from my local county court which says

 

'General Form Of Judgement or Order

 

Before district judge XXX sitting at the county court at XXX XXX XXX

 

Upon reading a letter from the Claimant (welcome finance)

IT IS ORDERED THAT

 

1. The application be dismissed

2. The court has made this order of its own initiative.

You are entitled to have this order set aside, varied or stayed but must do so within 7 days from the day

on which this order is served upon you or such other period as may be directed above.

 

Dated 13th February 2015'

 

Above this the letter received today in my postbox, standard post, 9/3/15 dated 3/3/15 but with the february date also printed on it.

 

The questions i have are, what is this letter, what does it mean :/

 

Thanks

[dx100uk]

old threads merged for ref.

 

it means that your N245 failed I assume?

 

did you ever get all the statements from welcome via the sar?

 

done anything about reclaiming all the PENALTY charges [letter.late.phone call] and any stupid insurances in the agreement.

 

p'haps andyorch will pop in on the n245 failure etc if that's what this 'General Form Of Judgement or Order is about?

 

dx

[tezza1234]

so whats the next step, they have tried every avenue of getting money, the last and only thing they can do now is petition for bankruptcy i guess

 

p.s this letter the claimant sent to the court, am i not entitled to receive a copy of that.

[AndyOrch]

Difficult to guess what its in connection with...could be your N245 but you made that 18th months ago...assuming you have made no further applications and its not the N245 then the claimant may have made an application for a re-determination...ring the court that issued the above and seek clarity.

 

Andy

[tezza1234]

Hey all, just a quick question.

 

i got a CCJ recorded against me in January 2013 for a Unsecured welcome finance debt, IND was the firm acting on behalf of Welcome.

 

Since the CCJ was granted they have tried almost every enforcement avenue possible,

charging order, i own no property so failed,

attachment of earnings, i am self employed and earn less than 5k so failed,

Bailiff round house, total judgement is just under 5k and i have nothing at all of value so did not proceed,

 

 

I was even called in for interview by CC clerk to go through finances, in the end, eventually. It was agreed that i pay £10 per month.

 

IND sent a payment barcode and i made some payments (3-4) then i lost the barcode,

i emailed IND to request a new one (i have proof of this) but heard nothing back, so stopped paying.

This was in mid 2014,

 

 

i have heard nothing from anyone for nearly 18 months,

then IND sent me another letter stating that i need to clear the balance or further enforcement action will be taken.

 

I sent of a email reply stating that i had indeed emailed them, but got no reply,

and that i am not sure what other enforcement action they can take

as they have already tried everything and my financial position has not greatly changed in the last 3 years,

 

 

all i can offer is to re-instate the £10 monthly payments, in which case i shall need a new barcode.

 

They have now sent me a rather tatty looking photocopied version of a income/expen sheet to fill out to send back within 14 days

with all origonal and requested documents about benefits i receive etc...

 

 

. I do not want to send such sensitive info to these clowns,

are they allowed to ask for it,

i thought only a CC could demand that a I&E form be filled out.

 

Further more,

the recorded judgement is for under 5k,

but this latest IND letter states the current balance is £5,360 odd,

how can that be. and why did they leave it 18 months with no payments before deciding to try again.

 

If i refuse to send back the I&E and just state my £10 offer, what else can they do.

 

Thanks as always.

[AndyOrch]

If the court determined the £10...then £10 it stays at....ignore the I&E.

 

Andy

[Bazooka Boo]

Definitely ignore the I&E.

 

As Andy has said, it has already been through the courts where the DJ awarded £10 a month, no more no less. a new I&E

could be deemed contempt of court, but I think you're just dealing with fools who don't know how the system works.

 

Have they issued you with a new barcode yet?

 

If not simply respond with another request for said code so you can reinstate the payments, and wait for their move, as long as you have it all in writing, and maintain a paper chain of evidence, then I fail to see what, if any, further action they could possibly take?

[AndyOrch]

And if they fail to provide payment method ...then you cant pay them:-)

[tezza1234]

This was my next question,

it was decided at £10 per month,

but does it matter that ive only made 4 payments in the last 2 years,

although, as you say, it's not 100% my fault,

careless to lose the barcode maybe,

but i did ask for another and heard nothing for 18 months.

 

No, i have not been sent a new barcode as they say they will not send it until they have received the I&E form.

[AndyOrch]

As they have almost exhausted almost all of the execution methods ...whether to pay or not is your decision (thats if they will allow you to pay) they still have an option of Third Party Debt Order..they cant issue a Stat Demand or make you Bankrupt as you are below the threshold now.

[tezza1234]

are there any things which can prevent a Third Party Debt Order being obtained,

eg i get working tax, child tax, child benefit, housing benefit, council tax credits,

 

officially speaking i do not 'legally' earn enough to live on, to pay excess debts.

 

Also if this third party thing is applied for, would this just be for the £10 a month as origonally ordered, or more.

[AndyOrch]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72

[renegadeimp]

Hope you sar'd welcome and got back all the ppi and other stuff they put in the loan

[tezza1234]

No i didnt, it was almost like a judgement by default, VERY close to if not being SB, but was awarded nearly 3 years ago so what can you do lol

[AndyOrch]

Claim it back ....makes no odds.

[tezza1234]

I had a read but it throws up more questions than answers to me,

a normo who does not understand gobble di gook,

to me it reads that this order is only worth doing if the claiment thinks i have the whole ammount in account,

which i certainly don't, i wish i had 5k.

 

Also as a way round it, i could close my own account and create a joint account with the mrs,

they can't touch that account as it would have another name on it with no association to the debt.

 

I guess this is all just speculative as they have no even applied for this yet, just as a , i guess they could.

 

My questions is, on what grounds can they.

 

I have no property, savings or anything, the court decided £10 is sufficient to my circumstances each month

so i feel it in everyones best interests if they just re-instate that and re send me the barcode.

[renegadeimp]

Get that Sar in and reclaim it.

[tezza1234]

To be honest this debt is now total 9 years old,

 

i origonally borrowed 2k and probably paid back less than £200 before defaulting,

 

CCJ balance is a couple of pounds under 5k,

 

i do not have the time nor strength to be sending SAR's and reclaiming pennies.

 

I just want to deal with the actual CCJ as it is.