ADVICE REQUIRED - Paid off loan, company went for court action to rcover full ammount

AntFoxx

Hi,

My parents took out a loan with... Welcome <CRINGE>...

In 2002 after becoming behind on payments Welcome suggested they take out a new loan to cover the old loan and any charges, and sent out all the paperwork for this.

My parents NEVER signed the agreement, never got the money, and carried on paying the old agreement until it become fully paid up... and according to old bank statements they have kept, they over paid...

Now... in 2008 Welcome had a solicitor send legal documents from the courts to an address we no longer lived at trying to get the money back they said my parents owed fro this new agreement... because we didn't get them, we didn't reply.

Now in 2009, the courts have sent a letter telling us they are going to attatchment of earnings.............

NUMBER 1: The loan was in my mums name but the courts have done everything i my dads name, even though he didn't guarantee the loan

NUMBER 2: My mum has all the paperwork from the new agreement that was NEVER signed or returned to Welcome

NUMBER 3: We have all old bank statements showing that my parents actually paid all the money owed in the first agreement.




What can we do get get the courts to drop this... without paying to have a fresh hearing...


Thank you in advance

AntFoxx

Sorry, forgot to mention, as soon as the court papers came through my dad sent a letter to them explaining we never got the papers becasue we moved house etc...

they replied saying a county judge has decided they can have the judgement set aside or apply for the atatchement of earning to be varied...

petermb_2

AntFoxx wrote: »

Sorry, forgot to mention, as soon as the court papers came through my dad sent a letter to them explaining we never got the papers becasue we moved house etc...

they replied saying a county judge has decided they can have the judgement set aside or apply for the atatchement of earning to be varied...

I would suggest you do the following;
Write to the court and ask for the judgement to be set aside. I would also write to Welcome under sectrion 77 of the Consumer Credit Act for a signed copy of the credit Agreement and proof that the money was actually paid out by Welcome with a full statement of the account account and that of the old account. I would also request a copy of the old agreement and statements for this.

At least that way you can actually see what they are claiming has happened and where they have actually allocated the money you have paid.

Apples2

I had a CCJ set aside a few years ago. It still requires a trip to court but it is no big deal (the solicitor I was fighting against didn't even turn up). Make sure it is set aside and NOT settled.

Good luck