Welcome Finance - Help on setting aside CCJ

JAM999

Please can someone help me ... I took out a Welcome Finance unsecured loan approximately 18 months ago (foolishly). At the time I had just started a new job and could afford the payments. I ended up leaving that job a few months later due to illness (depression) - couldn't claim on the PPI. Hence I got into trouble with the loan. I stopped payments altogether (I admit I shouldn't have done this but with my illness it seemed like the easy thing to do and just shut it out of my mind).

The next thing I heard was in March this year when I received a Notce if Interim Charging Order from Bradford County Court. Welcome had issued a claim and obtained a CCJ against me and were enforcing it by attaching a charging order to my property! I hadn't even received a Claim form from them! If I had I would have submitted a Defence and Counterclaim, as since the time of taking out my loan and getting back on my feet financially, I've become more aware of the mis selling of PPI - which I believe I was mis sold as Welcome made me feel I wouldn't get the loan if I didn't take the PPI and Lifecare policies out and secondly, I already had an underlying medical condition, depression and stress, which you can't claim for anyway, I would have also counterclaimed the unlawful charges.

Over the past couple of months I have gone through the process of transferring the case to my local Court and so far have managed to delay the interim charging order being made final.

I received notification of the new Court hearing last Thursday, to be heard today at 12.00! I phoned the Court explaining this was too short notice for me to prepare my case, and I am still awaiting the SAR and CCA back from the Claimant. I wrote to the Court as they suggested to adjourn the hearing today and I'm hoping that I have been successful with that. I will let you know when I know.

I was hoping some of you would be able to offer some advice to me on how to set aside the CCJ? I understand I have to submit a form N244 with a fee of £75. Can I put as one of the grounds for setting aside the CCJ the fact that I would have counterclaimed for unlawful charges and mis sold PPI? Are these valid reasons? Obviously my main reason for setting aside will be not receiving the original Claim at all. Are there any template letters or forms to be found relating to this does anyone know?

If anyone has been in a similar situation or can offer any advice on the subject I would be very grateful. I'm really at my wits end with this. I own my house in my sole name and although I do have some equity, I've recently put my house on the market, as I will be buying a house with my partner within the next year. We've seen a house and are putting an offer in. He doesn't know that I may have a charge to come out of the equity, and I'm really nervous about telling him, as it means we will have less deposit, and may ultimately mean we can't afford the house we want.

If I can set aside the CCJ and dispute the amount owed, i.e. get the PPI and unlawful charges deducted, I would be happy to pay the remaining amount on the loan by instalment order, or even attachment of earnings, to save the charge going on my house. Do you think the Court would consider this?

Look forward to your replies if you feel you can help ...;)

RAS

Hi

Try talking to Community legal Advice - number is here

http://www.moneysavingexpert.com/loans/debt-help-plan#help

Ames

CLA now only offer advice to people who are eligible for legal aid. I just thought I'd let people know.