Hillesden/Aplins/Wellcome court claim need help!!

[Zebedee]

My missus received a claim form for a loan she took out almost 6 years ago with Wellcome finance. Paid it OK for a few months, then we both lost our jobs and ended up with a fair amonut of debt, and still paying some now.

The claim form was for a loan with Wellcome Finance. The original loan amount was for £1500. The claim form totalled £2525.10 including costs.

When the claim form arrived we acknowledged service via MCOL and sent the letter asking for more details under the civil procedures rules. We had a response from them today.

Included is an agreement from Wellcome, terms and conditions, some sort of 'health policy' (we knew nothing about this), statement of account which includes charges, payment protection insurace which, again we knew nothing about and finally a list of database entries from Hillesden DLC (nothing on the database regarding Wellcome)

We really could do with some help as to where we go from here. There are charges on the statement of account, and a payment we know nothing about.

Please help!! This is now quite urgent as reading through their database entries they are seeking a charging order.

[Conniff]

Bump

[citizenB]

Hi Zebedee, are you able to scan in (remove all personal details and account numbers using your editing programme) and then upload to this thread using photobucket. That way people will be able to see and help you better. xx

I have pressed the panic button and hopefully someone will be along to help you soon. xx

[slick132]

Hi Zebedee,

Stick to this thread just now - if needed, it can be moved to the Debt forums.

You need to post here a copy of the CCA agreement and other doc'ts or put them on Photobucket and post a link to it here.

See guide - "How do I...?" A Dummies' Guide to this Forum

Please help!! This is now quite urgent as reading through their database entries they are seeking a charging order.

Please give more info about this, too.

[Zebedee]

Thanks - I'll get all the info posted up this morning......

[Zebedee]

Hi all, sorry its a little late. I have scanned all the documents they have sent, but they seem not to have sent any notice of assignment, default notices and no paperwork from Wellcome at all except the agreement.

Here is the agreement:

[Zebedee]

I have also scanned in the rest of the documents received and have made them private. pm me for details.....

[Zebedee]

I know they cannot go for a charging order straight off, and that we would have to default on whatever payments the courts may set. Have a read of the last page of their datatbase entries below:

[slick132]

Hi Zebedee,

I'll get someone to look at the CCA doc't and suggest where you stand as regards its' enforceability.

Do you own your home or are you renting.

Please confirm the following dates:-

When the claim was sent out.

When you acknowledge it.

The date by which Defence must be entered.

[pt2537]

Hi there, can i just confirm the figures in box H on the agreement please as i cant clearly read them

Also can i check what HealthCare is? was it optional? did you have to take it out for the loan?

[Zebedee]

Thanks slick.

We own our home, its in joint names.
The claim form issue date was 28 Feb 2008, we acknowledged via MCOL about 20th March stating we will defend the whole claim. I still need to contact the court to see when our defence should be submitted.

pt2537 - the amount in box h is 380.59 We have no idea what healthcare is - this is the first the missus has seen of this, although on the copy they sent us it is signed and looks like my wifes signature.

Sorry for the late reply - I'm working nights, but thank you both for your help

[slick132]

Hi Zeb,

From the dates you give, you acknowledged the claim late (should be issue date + 16 days).

However, I think you had until 29th March to enter your Defence. PT may advise differently but I think you need to get a letter into court by hand on Monday addressed to the Court Manager,......

"....apologising that you didn't understand the process, you are taking advice in this matter and that you'll enter a Defence within the next 7 days if the court would kindly allow this.

You have been working long hours, didn't appreciate the situation in which you now find yourself and meant no disrespect to the court."

There's a chance the court may already have entered a judgement against you by Default (because you missed the response deadlines). If this has happened, let us know and we'll try and help.

I'll leave PT to comment further on the doc't.