I would love to make them wait forever. But the sour point for me is that I will now have a CCJ after just clearing my credit file down completely and getting back on track. I am seriously looking to see how I can pay it before the 28 days if at all possible.

His point on the termination notice was that how could they have terminated if the default notice was invalid. His words to me " you can't say you state the default notice is invalid, but then claim the termination notice is valid but then claim the account is terminated incorrectly" He refused to hear about Wilson vs First Trust.

I have to pay the balance remaining at the end of the agreement, plus interest at 8% since that date, and costs. Yep just over 12K all in !

So just to update everyone. Court hearing today, and Judge agreed that the agreement was incorrect executed, but under section 65 was happy to award the monies to Welcome. I contested the invalid default notice, and further termination notice, but he just said, that they agreed the default notice was invalid, but as welcome were claiming under the agreement expiring the termination / default notice was not in question as there is no such thing as unlawful recission !! I tried using case law examples but he just said you can't have you cake and eat it, you had the car, so you have to pay. Awarded to Welcome. Nice to see the courts are happy to help the small people.. . not.

Is there not something wrong with IND dealing with this and yet claiming to be Welcome to the courts ? Surely this must be deceiving the court or something ?

Perfect thank you !!!

Anyone please ?

Have received the N181 from IND stating they wish it to be small claims track so that's good. Also a letter saying welcome will now represent themselves instead of hegartys yet still all paperwork comes from Ind headed paper. On my form do I need to disclose the DN / TN and the upheld complaint letters as well as I will be using these in my defence ?

Have a defendants copy of the N181 only, nothing from welcome as of yet. Will look at N180 and download. Not certain of how to produce with trying to settle before the date as I fully dispute the claim or do I just put that in the 180/181 ?

Hi All, Hope you all had a great xmas ! I have received a letter from the CCBC today, saying this is eligible for fast track and they have given me the form to complete. It says all efforts should be made to settle prior to this ? Do i want to go ahead with the fast track ? Or can I ask this to go to the local court ?

Hi All, Had the following back from the solicitors today: We can confirm that our client through their agent IND, have already sent you the documents that you have requested in your Defence. We enclose opt correspondence sent to you dates 11 november 2013 along with notice of sums in arrears for your reference. We can confirm that our client will not be relying on a default notice as they have not terminated the agreement. Our client is demanding the payment of arrears only, therefore they are not required to issue a default notice as set out in section 87(1) of the consumer credit act 1974. If you do understand anything in this letter then we urge you to seek independent legal advice. The letter from IND has requested this is transferred to my local court. However IND did not send out a copy the notice of assignment as requested in my letter.

wow!!! Thank you !

Yes I have the original letters from Welcome.

1. The agreement had incorrect figures, which has been agreed by them by upholding my complaint. 2. No new agreement was issues / or signed. 3. No correct default notice served. 4. Agreement was terminated whilst the account was in dispute. ( see point 1) 5. I have had no contact from Welcome to resolve this since the termination, until this court order.

The Claimant claims for the sums due under Fixed-Sum Loan Agreement(s) regulated by the Consumer Credit Act 1975 entered into between the Claimant and the Defendant. The Defendant failed to pay the contractual instalments in compliance with the terms of the Agreement(s). The term of the Agreement(s) has expired. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct. And the Claimant claims: Hire Purchase Account number XXXXXX balance of 8,4745.44 as of 1/5/10. interesticon under s69 of the county courticon Act 1984 at the rate of 8% a year from 1/5/10 to 4/11/13 of 2,383.34 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.86 AND costs.