14 year old welcome finance CCJ now Intrum chasing

[AndyOrch]

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.

 

Its all relevant...and only for your information only of the possibility...knowledge is power.

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.

 

I would tend to agree with you on that.

[tezza1234]

I understand that Andy, but as i said about the questions, i don't understand when a third party debt order can be issued, it seems unlikely unles a large chunk of the debt can be paid, which it can't, i can't imagine one being issued to claim £10 back per month, and legally, i have nothing, no assets, no spare income.

[AndyOrch]

It wouldn't be for the £10 per month...it would be the whole debt:-)

 

Its their only option remaining....not that it may ever be used.

[tezza1234]

That is what i mean, if my account balance is £30 and the debt is £5000 it won't work will it lol

[Bazooka Boo]

Then your only option is to wait for them to provide you with a means of paying them the £10 a month.

 

If they're stating (in writing) that they will only forward payment details on receipt of a pointless I&E, then your only option

really is to thank them, and remind them that this has already been through a DJ, who ordered you pay £10 a month, as there is no requirement to

fill out any of their silly I&E forms, and their refusal to forward you details of how to make this payment then you are at a loss as to how they intend to remedy the predicament?

 

Although I would possibly drop £10 a month into a bank account, or someone else's where you can't get at it.

 

Then if these clowns drag it out a few more years, you'll have a nice little sum saved up to go on holiday or treat yourself.

[tezza1234]

Thank you for the advice guys, i will send them another email explaining the above and that i will not be filling out another I&E form and that i shall await a barcode.

 

Thanks

[dx100uk]

old threads merged for history

[tezza1234]

Hey all,

I emailed IND stating that I would not be filling out a new I&E form and why and this is there latest response,

can anyone advise what my next move should be.......

 

thanks as always,

ohh and just to point out,

I did email them on the 17th January and when I got no reply I sent the same email again on the 25th,

funny how they are only acknowledging that one.

 

Dear xxxxxxxxxx

 

Further to your e-mail dated 25th January 2016, we would require an Income and Expenditure Form to be completed, this is to provide us with an update in your circumstances and for you to make an offer of repayment, as unfortunately the payment arrangement from 2013 is no longer in place.

 

To date we have only received 3 payments from you on the 21st January, 5th February and 5th March 2014.

 

Furthermore, the only e-mails we have received from yourself were in January 2014 and a response was issued via letter to you on the 16th January 2014 enclosing a Payzone Barcode, Standing Order is not a method of payment we offer so can not provide these details to you.

 

In light of the above, we will allow a further 7 days for the Income and Expenditure Form to be completed and returned to us, otherwise, in line with our recent communication we will be left with no alternative but to continue with further enforcement.

 

Should you have any further queries, please do not hesitate to contact us.

 

Yours Sincerely,

 

IND Enquiries

enq@ind.co.uk

[AndyOrch]

I personally would just submit a I&E tezza and try to come to a mutual payment agreement......do you really want further enforcement?

 

Andy

[tezza1234]

I have already submitted via the courts under oath a I&E back in 2013,

they decided £10 per month, not me,

 

IND have no legal right to re-ask me to do this,

especially when I have told them my financial position has not changed in the last 3 years.

 

Andy with the greatest of respects did you read any of this thread before replying,

I struggle to see what further 'enforcement' action is available to IND,

unless you know something I don't.

[AndyOrch]

Apologies ...have now just refreshed.

 

Stick to the N245 then but what concerns me is.....

 

" To date we have only received 3 payments from you on the 21st January, 5th February and 5th March 2014."

 

So they can easily apply for a further re determination..but as you state nothing of the further options of enforcement effect you...so then disregard.

 

You are in rented property?

[tezza1234]

No worries Andy.

 

I only made 3 payments because after this date I lost the barcode, careless maybe but I did ask for a new one and heard nothing, as has been said, how can I make a payment with no payment details/options open to me.

 

I live in a HA property, am self employed and earn very little.

 

My wondering is why did they just ignore this for 2 years, receiving no payments and then all of a sudden they are interested again.

 

also, on my CF, although I have only paid £30 off the balance should this not show, be reflected, the balance has never moved from the original judgement amount.

[AndyOrch]

I really have no idea what or why they chase or dont...but with regards to payments anything post judgment will not be statemented nor will show on your CRA files...I have yet to find out why this is so.....need to speak to a good Accountant.

 

I assume the debt has already been wrote off and claimed against...so any post judgment payments is a bonus and goes towards their benevolent funds ?

[tezza1234]

what are my next steps,

I shall email them again stating that the court decided £10 per month was the amount,

so take it or leave it,

 

if they believe the 2013 payment arrangement is no longer legally in place I need to see proof of this,

and why,

 

I have been unable to pay as I have had no payment options open to me despite me requesting, furthermore, as stated 3 times, my finances now are of no great difference to 2013.

 

I guess there 2 options are

 

a re-determination from the court (what is this, have you a link as ive not heard of this)

 

OR

 

a 3rd party debt order, which would just be pointless on a £4950 debt with £30 in the bank lol

 

it seems to me that these emails threatening further enforcement action is just trying to scaremonger me, but I can't pay what I don't have, simples really.

[AndyOrch]

" a re-determination from the court (what is this, have you a link as ive not heard of this) "

 

A Judgment Claimant can make further application to the Court to redetermine the payment arrangements...therefore overriding the N245 Order...they obviously have to pay a fee ..a further hearing...you will be questioned again to provide proof of your income outgoings......but it would appear pointless in your circumstances.

 

That is why I initially suggested providing a fresh I&E then that would overcome any attempt of the above....but if the reason they are not getting payment is because of their own inadequacies...then its probably best just to go along with your intended response.

 

Regards

 

Andy

[tezza1234]

Slight update to this, after a bit of email tennis

 

Dear Mr *****

 

We write in connection to the account number detailed above.

 

Further to your recent email enquiry dated 3rd February 2016, we can confirm a Payzone Barcode has been sent to the postal address we hold on your account.

Please be advised, any payments received will not be in line with any payment agreement or an Order however will reduce your current outstanding balance with each payment made.

 

As you are aware, ****** County Court previously issued a Variation Order in which you were required to pay monthly instalments towards your outstanding balance.

Unfortunately, you have failed to maintain those payments despite correspondence being issued to advise of the above.

As such, your payment arrangement has been removed and your account set for review.

 

We are unable to enter into a payment arrangement without an Income and Expenditure form being completed.

This is for the sole purpose to ensure any offer made is suitable for you to maintain and will not result in further financial hardship.

 

The last notice the Claimant has received regarding your current circumstance was the completed form supplied by ***** County Court on the 7th August 2013, as such, we would require an update for our records.

 

Should you have any queries please do not hesitate to contact us.

 

Yours sincerely

 

IND Enquiries

enq@ind.co.uk

 

IND Ltd

Tel: 0333 772 0764

Fax: 08715 999998

 

 

So what exactly are they saying, I asked for proof that the original court arrangement was now invalidated, and they have not supplied this info.

[AndyOrch]

" As such, your payment arrangement has been removed and your account set for review."

[tezza1234]

Hey Andy, care to share what is funny, are you saying they are talking rubbish and the fact they are now sending a barcode to commence the £10 monthly payments is a victory for me.

[AndyOrch]

Correct.....if you pay the variation amount as set by the court...there is nothing they can do...no payment arrangement removed no review of the account.

[dx100uk]

now PLEASE get that SAR running

for all you know

[as we already do]

a £2000 debt with welcome from all those years ago will prob 90% be reclaimable charges

bye bye outstanding balance.

 

 

and we still dont know100% the answer the question by LOOKING AT THE STATEMENTS

that ind didn't get got the CCJ within 6yrs of your last payment...

[tezza1234]

£2000 debt DX,

 

the original amount borrowed was 2k,

 

the ccj is for a tenner under 5k.

 

but yes the SB bit is very close,

 

but the ccj has been active on account for more than 3 years now.

[dx100uk]

but the statements could fund a large reclaim...

 

sorry but this should have been done +2yrs ago when first asked.

 

as for SB, if we can prove it...end of everything.

 

just get the info

w'ell deal with decoding it but we need the statements.

 

in 2004 i borrowed £2000 and was supposed to pay back £3053

now looking through the defaults throughout the years it would seem the debt at one stage was up to £9964

but a CCJ was issued to the amount of £4972

 

speaks for itself..

 

dx

[tezza1234]

Hey guys,

things have taken somewhat of a interesting turn,

 

back at the start of February,

IND and I were playing email tennis about me getting this barcode

so I could resume £10 monthly payments,

 

they didn't want to but eventually said ok,

barcode sent, funny enough, I never received it,

 

does not surprise me.

this ccj was issued in January 2013 and I made 2 payments as decided by the court before I lost the barcode,

asked for a new one via email 2-3 times,

never heard anything for nearly 3 years until now,

 

I still have no barcode, and they don't accept DD, standing order or direct transfer,

I can't pay if I don't have a way too, anyway.

 

The other day a guy called from a company called NCI,

I didn't know who he was so refused entry and said sorry but ive not made an appointment with you so please go away, he did.

Then today, I have a letter in my post box from NCI which says

 

Dear Mr xxxx

 

Re: Order to attend court for questioning

Welcome financial services v Mr xxx xxxxxxx

 

I have been directed to serve you with the above order,

I have already attended at the above address without meeting with you.

 

I have to inform you that I will attend again at the above address for the purpose of serving you personally with this order on

 

xxxxxxxxxxx date at xxxx pm

 

Should the appointment prove inconvenient I will endeavour to attend any other reasonable appointment that you may suggest

 

yours sincerely

 

Mr xxxxxx xxxxxx

process server

Mobile Number

 

So, IND want me back in court for questioning,

obviously about why I am not paying the £10 a month as instructed,

errrr maybe because I can't, I do not have a barcode.

 

Where do I stand with this,

do I HAVE to meet this process server or can I refuse.

What will happen if this order does not get served on me.

 

Thanks again all

[AndyOrch]

I personally would accept the Order tezza...there can be severe consequences for not attending....and you can then explain to the court all about Welcomes inefficiency ...dont forget to claim travelling costs and time of work.

 

Andy

[tezza1234]

Can I just ask, am I right in thinking that I have to be given a clear 14 days notice before the questioning date, so if this order gets served say next Thursday, it would be at least 14 days after that, another reason I ask is my car has just been written off by a stolen motorbike, I may be able to claim still as bike was insured even though owner not riding it, but will take a while.

 

Also during the questioning, as this is a unsecured debt, solely in my name, am I right in thinking they can only take in to account part of the overall family income, eg, they can't include things like child tax credits or child benefit, because obviously these help pay for my children, but they can include working tax credit and my earnings.

 

Ohh, and how do I go about claiming the travel expenses etc...