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DNA

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  1. DNA

    DNA vs Nationwide

    This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. My partner has received this letter from BCW. Pursuers: Glasgow City Council Enforcement of Summary Warrant Council Tax Arrears Despite contacting you on numerous occasions, you have not responded to any of our requests to settle you outstanding Council Tax arrears. This notice is to remind you that a Summary Warrant was granted in the Sheriff Court for payment of your outstanding Council Tax. New regulations require us to instruct Sheriff Officers to serve a Charge for Payment of Money on you before taking any further action. This will result in additional expenses being charged against your account. These expenses will be recoverable from you. If you do not pay the sum specified in the Charge for Payment the following action can be taken: Arrestment of Earnings or acounts you have with Bank/Building Society Arrestment of other money and moveable property Attachment and auction of property held out with your home. We will hold this action for seven days to allow you to clear your account or contact us on 0845 300 6891 to discuss a repayment arrangement. I need to ask advice on the following questions: 1. The alleged debt relates to Council Tax arrears for a property my partner rented from Glasgow City Council from 1997 to 1999. Can a debt this old be chased? 2. My partner lives in England. How can a warrant issued in Scotland be enforced in England. 3. My partner tells me that he was claiming full Income Support for the period he lived at the address in question. I know that water rates are included in the Council Tax but not covered by Council Tax Benefit. In a telephone conversation with BCW recently they said that some of the arrears were for Council Tax and some for water. We asked for a breakdown but none was sent. If he was being paid Council Tax Benefit, how can Council Tax arrears accrue (understandable that water rates accrue and may be payable but we don't know how much). Does anyone have any observations or advice? Many thanks Aleks (on behalf of Dave)
  4. My partner has received this letter from BCW. Pursuers: Glasgow City Council Enforcement of Summary Warrant Council Tax Arrears Despite contacting you on numerous occasions, you have not responded to any of our requests to settle you outstanding Council Tax arrears. This notice is to remind you that a Summary Warrant was granted in the Sheriff Court for payment of your outstanding Council Tax. New regulations require us to instruct Sheriff Officers to serve a Charge for Payment of Money on you before taking any further action. This will result in additional expenses being charged against your account. These expenses will be recoverable from you. If you do not pay the sum specified in the Charge for Payment the following action can be taken: Arrestment of Earnings or acounts you have with Bank/Building Society Arrestment of other money and moveable property Attachment and auction of property held out with your home. We will hold this action for seven days to allow you to clear your account or contact us on 0845 300 6891 to discuss a repayment arrangement. I need to ask advice on the following questions: 1. The alleged debt relates to Council Tax arrears for a property my partner rented from Glasgow City Council from 1997 to 1999. Can a debt this old be chased? 2. My partner lives in England. How can a warrant issued in Scotland be enforced in England. 3. My partner tells me that he was claiming full Income Support for the period he lived at the address in question. I know that water rates are included in the Council Tax but not covered by Council Tax Benefit. In a telephone conversation with BCW recently they said that some of the arrears were for Council Tax and some for water. We asked for a breakdown but none was sent. If he was being paid Council Tax Benefit, how can Council Tax arrears accrue (understandable that water rates accrue and may be payable but we don't know how much). Does anyone have any observations or advice? Many thanks Aleks (on behalf of Dave)
  5. Anyone applying for a Charging Order over a property should have carried out searches at HM Land Registry to ascertain the identity of the proprietors and serve notice of proceedings, the proceedings themselves and any subsequent orders/applications/etc on all proprietors - if the property is held in your husband's sole name, you will not have had to be notified. The Bank will have asked for your consent to the Final Charging Order being made because of your matrimonial interest (I think) and because (I assume) you are over the age of 18. All it means is that when your house is sold, the Bank would be paid from any proceeds of sale after the first charge (assuming it is your mortgage company) is paid. Anything left after everyone who needs to be paid is paid off will come to you - it doesn't matter at this stage if there is little or no equity. I think I am right in saying this but I am not legally qualified and you should seek independent legal advice.
  6. Tell you something - if someone owed me in excess of £7k and then I was sent a letter saying I'm not paying you, I'd be on the phone straightaway! That said, this is Welcome we're talking about ... nearly a week since I sent my letter (you know, the one to my local office, to Welcome's Nottingham office and to the Chief Executive of Cattles) and not even a dicky bird! All letters were sent by fax and I have confirmation reports for each fax - so I know they've got the letter ... so what do I do? Sit back and wait for a response or sell the car on eBay - I'm reluctant to wait much longer as I'll lose another month's road tax refund and a month's car insurance if it goes past 1 May.
  7. As far as I am aware, you can VT a hire purchase agreement at any time before the end of the agreement and not just when you've paid a certain percentage. The arrears point doesn't work - even if you have arrears, you can still VT as any figure submitted by them as a final figure to pay would include those arrears. The sticky point is whether or not they have validly served a Default Notice - if they have, they can quite rightly argue that you are not allowed to VT. I've cut and pasted the relevant section of the CCA 1974: "99 Right to terminate hire-purchase etc agreements (1) At any time before the final payment by the debtor under a regulated hire-purchase or regulated conditional sale agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement. 100 Liability of debtor on termination of hire-purchase etc agreement (1) Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination." It doesn't say you've got to have paid a certain percentage before you can VT. It means that when you do VT, you are liable to pay to them "the amount (if any) by which one-half of the total price ..."
  8. Well, our post has arrived and no letter from either of the three recipients of my letter to them - you'd have thought it was important enough to reply straightaway considering I told them the agreement was over and the car was mine! The interest on administration fees point is quite interesting - I'm pretty sure that they can't do this; however, on the hire purchase agreement statement of account I have related to the modified agreement I signed in April 2003, the first three items are the "loan" sum of £7.5k, the full amount of interest on the new agreement (front loaded) and the admin fee. Nowhere on my statement of account does it show that extra interest has been added, just some random charges of £20 and £5 for letters, telephone calls and doorstep visits. If interest has been "front loaded" on your agreement, they cannot charge additional interest.
  9. I like the tenor of your letter - I've seen something similar somewhere before! I sent my letter by fax to Cattles, Welcome in Nottingham and to Welcome's office in Stockport.
  10. You should have asked your mortgage company as the company having the first charge on your property (if you sell up, they get paid off first) and most mortgage companies require their permission to be sought before you go for a secured loan with another company and (in my experience) they can and do refuse permission - if that happens, your only option may be to re-mortgage to get the extra funds you require
  11. So the HP agreement on their part is "Progressive Financial Services Limited trading as Welcome Financial Services" and is dated 21 March 2004. In that case, on 1 December 2006 when Progressive Financial Services Limited changed their name to Welcome Financial Services Limited, you should be pursuing Welcome Financial Services Limited for any dispute on the HP agreement. With regard to the loan agreement dated 5 December 2006 from "Progressive Financial Services Limited trading as Welcome Financial Services" despite the discrepancies on the agreement - you are dealing on this agreement with what used to be called "Welcome Financial Services Limited" which is the company I'm up against! Could I make a general suggestion that we all direct our claims to Sean Mahon, the Chief Executive of Cattles plc (being the parent company of all these bastard companies) at the Kingston House address - cut out the middle men and go for the jugular.
  12. Very confusing! When was the agreement dated?
  13. I sent my letter to Welcome with a couple of minor amendments - faxed it to the Local Collections Unit in Stockport, to Sean Mahon (Chief Executive, Cattles plc) in Batley and to Welcome's offices in Nottingham - let's see what response I get!
  14. Even more interesting, the last filed accounts for "old" Welcome/"new" Progressive. Accounts filed in June 2006 for year ending 31 December 2005 - apparently during that financial year, Welcome had no employees and did not enter into any cash transactions in 2004 or 2005, all borrowings/liabilities were transferred "intra group" and all dividends/tax liabilities were settled with money borrowed "intra group". I'm going to stop reading documents and carry on tomorrow at work - I'm up at 6.30 bright and early! There are 20 PDF files in all, totalling 130 pages - if anyone's e-mail inbox can handle it, PM me tomorrow with your e-mail address.
  15. The documents downloaded sooner than I thought - here's the wording of the resolution: Company Number 01682540 The Companies Acts 1985-1989 Company Limited By Shares Written Resolution Of Welcome Financial Services Limited (the Company) We being all the members of the Company entitled to receive notice and attend and vote at general meetings of the Company UNANIMOUSLY PASS the following written resolution of the Company pursuant to section 381A of the Companies Act 1985: SPECIAL RESOLUTION THAT: 1. the name of the Company be changed to Progressive Financial Services Limited. It was signed on 24 November 2006 by two people - one illegible signature signed "for and on behalf of Cattles plc" and the other person signed by RCW Todd "for and on behalf of Cattles Holdings Securities Limited". I cannot see in this document any assignment of liabilities to the company formerly known as Progressive (now known as Welcome) - all I see is a change of name. Shares held in the "new" Progressive company held by: 800,025,154 ordinary shares by Cattles Holdings Limited 20,000 ordinary shares by Cattles Holdings Securities Limited 15,000,000 A preference shares by Progressive Finance Company Limited 20,000 redeemable preference shares by Cattles Holdings Securities Limited I don't know about the different classes of shares but I can ask tomorrow at work.
  16. Somewhere in this thread is the information that Progressive Financial Services Limited changed its name from Welcome Financial Services Limited on 1 December 2006 - and vice versa. As far as I am aware, The Associates has nothing to do with Welcome but does share the same registered office address in Reading as CitiFinancial Europe plc, Future Mortgages, Avco Trust, Praxis Mortgages - the list seems endless if you Google "87 Castle Street Reading" I guess on the face of it we should all be pursuing "Progressive Financial Services Limited" and not "Welcome Financial Services Limited" for disputes that arose before 1 December 2006 - technically it's a change of name - the company registered number didn't change - I'm also guessing nobody has received notice of their debt being assigned from one company to the other. This is another matter for the regulatory bodies - I would call the simultaneous change of company names very misleading - as ordinary Joe Public would still assume they are dealing with "Welcome Financial Services Limited" ... Give me a minute and I'll check the company records EDIT: Have spent £4 on ordering the filed documents for company number 01682540 dating back to 1 January 2003 - will have a look at them tomorrow and will report back specifically on the change of name and the resolution passed by the company on 24 November 2006..
  17. I think the key to any claim by us against Welcome is the company registered number - that can never change. A company name can be changed but that does not alter any alleged debt owed to that company until and unless you are served with a Notice of Assignment formally assigning the debt from one company to another. If there is no Notice of Assignment, then you issue your claim against the new company name and there is no need to reference the fact that the company has changed its name. FYI - company registered numbers: Welcome Finance Limited: 04571109 Welcome Financial Services Limited: 00133540 Progressive Financial Services Limited: 01682540 Cattles plc: 00543610 Shopacheck Financial Services Limited: 00274611 Dial4aloan Limited: 03958533 All these companies have their registered office address at Kingston House. EDIT: Sorry, I re-read my own post and it didn't make sense! 1. Locate the company registered number on your copy of the agreement. 2. Reference that number with the above list. 3. Start your claim against the appropriate company - always use their registered office address if you live in England/Wales. If there are any other company registered numbers you would like added to the list, let me know.
  18. Company No.: 04571109 Name and Registered Office: WELCOME FINANCE LIMITED KINGSTON HOUSE CENTRE 27 BUSINESS PARK WOODHEAD ROAD BATLEY WEST YORKSHIRE WF17 9TD Date of Incorporation: 23/10/2002 Country of Origin: United Kingdom Status: Active Company Type: Private Limited Company Nature Of Business (SIC(03)):7499 - Non-trading company Accounting Reference Date: 31/12 Last Accounts Made Up To: 31/12/2005 (DORMANT) Next Accounts Due: 31/10/2007 Last Return Made Up To: 23/10/2006 Next Return Due: 20/11/2007 Mortgage: Number of Charges: ( 0 outstanding / 0 satisfied / 0 part satisfied ) Last members list: 23/10/2006 Previous Names Date of Change: 03/12/2002 Previous Name: FLOWING WATER LIMITED ______ The company has filed three sets of accounts since it was incorporated - all returns have been filed as being a dormant company.
  19. I work for a firm of solicitors as assistant to a partner in the commercial litigation department with access to the Companies House Website, I'll try to post some details of "Welcome Finance Limited" which is the dormant company. EDIT: I should add that I asked two company commercial solicitors in the firm that I work for who gave me informal advice without looking at any documentation to the effect that: 1. A company serving a default notice has to be the company that you signed the agreement with unless the debt has been formally assigned to the company who served the default notice. Anyone who owes a debt to "Company 1" and has had a default notice served on them by "Company 2" should have been served first with a notice of assignment to confirm that the debt owed to "Company 1" is now owed to "Company 2". 2. A dormant company is just that - dormant. It has no assets or liabilities and cannot make demands for payment. 3. A company that is a limited company cannot have its name used as a trading style of another company. Therefore, you cannot have "Welcome Financial Service Limited trading as Welcome Finance Limited" or "Welcome Finance Limited is a trading style of Welcome Financial Services Limited". I have seen "Welcome Car Finance is a trading style of Welcome Financial Services Limited" - this is allowed.
  20. I've had enough of Welcome now. The following letter has been sent to them: "Dear xxxxxx Account Number xxxxxx I refer to my previous correspondence in relation to the hire purchase agreement. Firstly, your refusal to reply to any of my correspondence is frustrating, not least because of the fact that you have failed to forward a copy of the agreement signed by myself and Mr xxxxxx on or around 30 April 2003. Your failure to do so leaves it open to interpretation that you are unable to provide a copy of the agreement. In those circumstances, the agreement is unenforceable and no further payments will be made to you in relation to it. Furthermore, we are now in a position where we are able to commence proceedings against Welcome Financial Services Limited for the refund of sums paid under the agreement. Section 63 of the Consumer Credit Act 1974 (“the Act”) refers. On the occasion when an agreement is signed, a copy of the executed agreement should have been given to both myself and Mr xxxxxx (or within seven days of signing). The agreement is therefore not properly executed because Welcome Financial Services Limited have not observed the requirements of Section 63 of the Act. As a consequence, you must apply to the Court for an Order to enforce the agreement pursuant to Section 65(1) of the Act. In the alternative, Section 82 of the Act refers. The agreement signed by us on or around April 2003 purported to be a modifying agreement, revoking the earlier agreement made in July 2002, and is therefore deemed to be a regulated agreement. You may wish to maintain that the agreement is proper and that the Default Notice served on 5 April 2006 is valid. Should you choose to defend any proceedings on that basis, it is our intention to make a counterclaim against you claiming that the Default Notice is invalid on the following basis: 1. The Default Notice has been served in the name of “Welcome Finance Limited”. At no time have either myself or Mr xxxxxx signed an agreement with this company. 2. Neither myself nor Mr xxxxxx been served with a notice assigning the debt from Welcome Financial Services Limited to Welcome Finance Limited. 3. Welcome Finance Limited is not a trading style of Welcome Financial Services Limited. Welcome Finance Limited is a company in its own right and the name cannot be used as a trading style of another company. 4. Welcome Finance Limited is a dormant company and filed its last annual return and accounts as a dormant company. Dormant companies have no assets or liabilities and therefore cannot be owed anything by anyone. On this basis, notwithstanding that the agreement between us and Welcome Financial Services Limited has not been properly executed, there has been no valid notice of default served on either myself or Mr xxxxxx and we repeat that we are entitled to seek voluntary termination of the agreement pursuant to Section 99 of the Act. You will be aware that you are not entitled to repossess the vehicle which is the subject of the agreement without applying to the Court for an Order in circumstances where the Default Notice is invalid. However, In circumstances where we are entitled to terminate the agreement on a voluntary basis, and in circumstances where you have failed to provide us with a copy of the agreement, notwithstanding that you may seek to defend any claim brought against you on the basis that there is an outstanding debt due pursuant to the agreement, it is our contention that: 1. the agreement between us is now terminated; and 2. no further sums are due under the agreement. In the circumstances, title of the vehicle has passed from Welcome Financial Services Limited to us. You are not entitled to repossession of the vehicle, nor are you entitled to seek recovery of any sums allegedly outstanding pursuant to the agreement. Any recovery action taken by yourselves will be vigorously defended and, accordingly, we reserve our right to produce a copy of this letter to the Court in the event that you do proceed with recovery action on the question of costs. Yours faithfully" Stick that in their pipe and see what happens!
  21. Not at this stage, but if you win you will get that back from the other side. I should point out that if a Claimant succeeds in their claim that's been allocated to the small claims track, they are entitled to their "fixed costs" back, that is to say the issue fee and the allocation fee. Regards, Aleks
  22. The AQ is really simple - assuming it's form N150 then: Have you sent a copy of this completed form to the other party(ies)? Yes - always send them a copy. Settlement - do you wish there to be a one month stay? No, unless you want the Court to delay in giving directions for the future conduct of your claim for a period of one month. Location of trial - Yes, the County Court that's nearest to you as it's more convenient for you to attend there for any trial or hearing. Welcome do not have any right as a limited company to transfer proceedings to a Court near them. Pre-action protocols - I assume you sent them SAR/letter before action/something similar. If so, tick "yes" in Part 2 - leave Part 1 blank. Amount in dispute - put in the amount you are claiming in full including costs and interest. Applications - If no applications have been made to the Court yet, tick "no". Witnesses - put your name and the words "all matters" - also add names of any witnesses who know of the facts of your claim. Experts - unless you want to go to the time and expense of hiring the services of a forensic accountant to prepare a report and give evidence at any final hearing - tick "no". Track - if the claim is less than £5,000 then tick "small claims" - over £5,000 but less than £15,000 "fast track" and over £15,000 "multi track". Remember if you go "small claims" you cannot recover any legal costs if you win. On the other hand, if the other side win then you are not liable for their costs. Trial or final hearing - small claims matters say 2 hours, fast track 1 day, multi track 2 days and give dates to the best of your knowledge when you will not be available to attend trial for the next 6 months. Proposed directions - for small claims, tick "no" - for fast track or multi-track, send me a message. Costs - leave blank for "small claims". For fast track and multi track, put in how much you have spent in LEGAL costs so far and how much you expect to spend in total on LEGAL costs. If you are representing yourself as "litigant in person" put NIL in both boxes. Other information: Have you attached documents ...? "No" unless you have something else to send to the other side that you didn't attach to your Particulars of Claim/Claim Form. If "yes" then they received them "with the letter enclosing this Allocation Questionnaire". Intend to make any applications? "No" unless you are going to make an Application for Summary Judgment if you are sure beyond reasonable doubt that the other side have no reasonable prospects of successfully defending the claim - in this case, seek legal advice FAST. Any other information - Generally leave blank unless there is something you want to say that will assist the Judge in making a decision on how to allocate your claim. Send the original form to the Court, send a copy to the other side and keep a copy for yourself. Remember to include your £100 Court fee if the claim is over £1,500 in value. REMEMBER you are always at risk of having to pay costs right up to the point a District Judge allocates your claim to the small claims track even if your claim is less than £5,000 in value. The other side may yet make an Application to have your claim struck out as having no reasonable prospects of succeeding and if they do that before the claim is allocated to a track then you might be ordered to pay their costs if their Application succeeds and your claim is struck out. For claims worth over £5,000 then you are always at risk of having to pay the other side's costs if you lose and you should be advised to seek a settlement by negotiation with the other side before too much time progresses, thus saving time and costs on both sides. I hope that I've made this simple to follow - if not, send me a message! Regards, Aleks
  23. I'll give it a go, Adie - thanks! Regards, Aleks (ex-Notts, originally from Mapperley, Nottingham) EDIT: The local collections unit based in Stockport has until close of business tomorrow to supply me with copies of various information I requested on 28 March (I gave them 7 days). If nothing arrives by Thursday morning, I will send the CCA request with my £1 cheque and give them the requisite time period to respond. I've had no problems in the past getting statements of account out of them, but I will be sending a SAR to them at the same time as the CCA request. Does anyone else have any dealings with the local collections unit in Stockport?
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