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CCJ Advice - Welcome Finance

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  • PixelPound
    PixelPound Posts: 3,059 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The CCJ was in 2014, so in 2020 it will stop showing on your credit file once 6 years are up, so can your financial plans take that into account. As stated setaside does cost, and you need a good reason, never receiving the papers, isn't one unless you can show that welcome finance were informed you had moved.

    You can request a copy of the judgement from the court, you will need to pass DPA, and give the address you were at the time.

    You can either contact WF or wait until you get contacted - the new owner can't add costs for taking it on, now that its gone to CCJ that's what the court deem you are liable for, it only goes up with further action, like enforcement of CCJ. So the current balance could be more than the CCJ if WF have tried enforcement already, like sending a bailiff around to your old house.
  • MrLow wrote: »
    Thanks for the replies.

    I guess what I am asking is what is the best way for me to build a defence, knowing that I dd not receive any of the court papers nor have I been contacted by Welcome or a debt recovery company just to remove the CCJ and get the payments sorted so that long term the debt is paid.

    Cheers

    You have no defence.

    You didn't contact all your creditors when you moved and they will only serve papers to the addresses known to them - it's not their job to be chasing around for you
  • PixelPound
    PixelPound Posts: 3,059 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    MrLow wrote: »
    Thanks for the replies.

    I guess what I am asking is what is the best way for me to build a defence, knowing that I dd not receive any of the court papers nor have I been contacted by Welcome or a debt recovery company just to remove the CCJ and get the payments sorted so that long term the debt is paid.

    Cheers
    As stated you have no defence, not receiving papers, is not a defence, It is YOUR responsibility to keep creditors informed of address changes, not theirs. They will have sent letters and then got the court to issue a claims form. The court send claims out in normal post and it has been known for people to not receive these even if they were sent to correct address. No need to prove that you received court papers, just that they were sent and to the last known address (its all set out in the civil procedure rules).

    Once a CCJ is awarded, there is no onus on the creditor to chase you for the debt, however they do need to send letters before any enforcement action. The court aren't bothered whether the creditor has been in contact with you or not, or whether you are complying with the court order - its up to the creditor to request enforcement.
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