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Fars

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  1. Thank you both for drafting a direction for me to follow with my defence. You've helped me so much, and I am incredibly grateful. The plan is to get the defence filed online via mcol today or tonight at the latest, so any further insight before then is very welcome. Thanks again
  2. Thank you very much for that Andy, this has really helped me understand what they are saying and what they actually have. Is there any benefit to entering a defence based upon these questions and statement in my own words?
  3. I'm assuming the only way to get that information is with a SAR to Welcome though? Thanks for looking at the numbers dx, this side of things confuses me further however. If the loan was £2000, ppi £450 and they're asking for £2700 then isn't the maximum the amount could be reduced by £700 odd? How could they owe me money if charges only make up around £250? Sorry for all the questions, just finding this so difficult
  4. Ok, thanks for the clarification Andy. I'm guessing when they purchased this debt from Welcome I should have received notification, which would have been the assignment.
  5. I see. Does my not having it now and there being no mention of it in the P.o.C affect my defence?
  6. Still not entirely sure what a default notice is. I'm assuming it is the letter I received on 26/04/2012 saying last letter before legal proceedings. If that is it, the only information it has is an account statement saying the amount and an odd date of 02/12/2011 as the default date. edit/ Ah just reread your post Andy. No I don't have an original default notice from welcome or anyone prior to IND taking over this debt, I have kept every other document i've recieved but don't appear to have that. So I am assuming it was never received.
  7. All of my documentation is original from 2005. So original agreement. Section 77 request I sent off on 22/05/2012 is still unanswered.
  8. I called up the local office and applied over the phone as far as I remember. They sent me the documents and then a few days later the loan was in my bank account.
  9. From these guys, yes. I had a couple of others from another company for around £4500.
  10. Ok, done. Hopefully this is good enough to be useful. If any areas need more detail I can provide that. [ATTACH=CONFIG]35840[/ATTACH] Should also point out that it appears the credit agreement was never infact signed by either myself or welcome. Not sure if this changes anything.
  11. Thank you both for your input. With a holding defence based on requested information not received, if the claimant isn't going to provide any paperwork then how does it ever proceed? Sadly I am still feeling unsure how I should proceed. The advice I was given earlier in this thread was to send off the information requests and then base my actions on the outcome. The outcome is now here, no information received. I believe they've made the claim against me without the required paperwork, credit agreement etc. The debt dates back to 2005, i've never been notified of the debt being sold from welcome to ind. I was sent a letter on the 24/04/2012 which arrived on 26/04/2012 titled last letter before legal proceedings, which I assume is the default notice, strangely it says I defaulted on the loan on 02/12/11, no idea what that date relates to. They issued the claim on 14/05/2012 which is 18 days after the last letter, no idea if that has any baring on this. The really frustrating thing for me is I've been eligible for a debt relief order for 6 years, but never had the money or ability to go through with it, i'm still eligible now but sadly CCJ's can't be included I think. I could really use some concrete direction on what to do next, how to proceed.
  12. Thanks Andy, Am still feeling a little lost though. In my particular case where I've sent off the cpr 31.14 and section 77 and having no response what kind of defence do I use?
  13. Ok sounds good. I'm presuming that having sent off a section 77 and 31.14 and having heard nothing for 2 weeks that I'm going with an embarrassed defence?
  14. Thanks for that Andy, was an interesting read. I can only hope for a similar result I could do with a little help filling out my defence on MCOL, any advice on how to proceed please?
  15. Well sadly I've heard nothing back from IND or their pretend legal representation. Nothing back at all re: the Section 77 or 31.14. Could use some advice on what to do now please? Regards,
  16. Ok changed it back to IND's po box. Thank you both for your input and clarification, it is really appreciated.
  17. Ok Andy, understood. Been reading the threads havinastella posted regarding IND, even to my limited understanding they seem like a bunch of cowboys. With the Section 77 going to the sols do I still include "I do not acknowledge any debt with your company"? and do I revert to the Claim No? Sorry for all the babysitting questions, this seems to be more confusing than necessary with never really knowing who I am dealing with
  18. Thanks for clearing that up. In posted reply #27 above I was asking if the Section 77 went to the Solicitors (Hegarty) or IND and you replied yes to Solicitors, so was unsure what to use as the reference. Adjustments made to the Section 77. Sorry for being so needy with the questions. With luck it will all pay off.
  19. Thanks as always for your quick replies Andy, I believe that is the CPR 31.14 ready to go tomorrow. With the Section 77 going to the solicitors do I put the "Account/Reference Number" as my Claim No. or is there another reference number relating to the welcome loan I should be digging out?
  20. Ah also the CPR 31.14 states: "I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim." Which isn't true at the present time, do I need to remove or amend this or leave it as is?
  21. Ok will head to the library tomorrow to get these printed and sent. Couple of quick questions. The CPR 31.14 mentions covering their [solicitors] costs for the information request, do I need to stick a postal order in the same as with the Section 77 request? And secondly does the Section 77 go off to the Solicitors the same as the CPR 31.14?
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