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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

michaellast

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Everything posted by michaellast

  1. michaellast
    hi nick any updates with your claim yet kind regards michael
  2. michaellast
    Hi andy im just writing my witness statement now and wondered if you could help am I right in understanding that if a creditor did not issue a default notice for the default date the debt is unenforceable under section 127 and section 111 of the consumer credit act 1974 ? just wanted to make sure I understand section 127 and 111 correctly kind regards Michael
  3. michaellast
    hi andy quick question can I use emails between ind ltd and welcome as evidence in my witness statement because I have 3 separate pieces of paperwork all from s.a.r confirming that my payment received on account that they have proof for is 04/05/2007 and also the sale of goods which you have already explained is their asset and not a payment by myself thanks for all your help so far kind regards michael
  4. michaellast
    hi dx I have just received a sar back from welcome should it include proof of payments made ? because all it has is activities, comments reports, some dodgy default notice with a different date from anything else even mentioned and repo letters and that's it kind regards michael
  5. michaellast
    Hi Andy Since getting the letter from Northampton saying it was being transferred to my local court And await judges directions Regards Michael
  6. michaellast
    Hi Andy Many thanks for confirming that for me Can I use email logs between the company's in court ? I still haven't heard anything from my local court its been 3 1/2 weeks now How long does it normally take for the judge to contact Regards Michael
  7. michaellast
    Hi Andy Am I correct in believing that proceeds from the auction of the car do not count as payment by myself ? The only reason I ask is that I received a sar back from Ind and in the email logs between Ind and wf they say it counts as payment and therefore debt is not s.b Regards Michael
  8. michaellast
    hi dx thanks for help so far do you have any more information on what is happening to welcome as in regards to removing all the reports from peoples cra and also its been 3 weeks since I got a letter from Northampton saying it was being transferred to my local court . I still haven't heard any thing yet from my local court . how long does it normally take ? kind regards michael
  9. michaellast
    hi andy I have just been going through the paperwork again preparing for court I sent the s.79 request on 5th august they received it on the 6th august in which I received the agreement of account and also terms and conditions I did not receive the statement until the Thursday or Friday 22/23rd august from their letter dated the 21st august am I right in thinking that they have missed the 12 working day deadline set by the oft hence making the debt unenforceable ? kind regards many thanks for your help so far michael
  10. michaellast
    Hi Andy My credit file showed a default date of 16-12-2008 Which has now been wiped off . trying to cover up evidence I presume And welcome,Ind ltd have my default date as 06-03-2010 Which is stated 'letter' on my welcome statement and nothing is stated for the 08 date Does this change anything ? Kind regards Michael
  11. michaellast
    hi andy after a lot of reading tonight am I right in understanding that if a creditor did not issue a default notice for the correct default date the debt is unenforceable under section 127 and section 111 of the consumer credit act 1974 regards michael
  12. michaellast
    Hi Am I right in thinking and believing that a credit agreement has to be dated by the customer to be enforceable ? Please help guys Kind regards Michael
  13. michaellast
    hi dx my credit agreement is from before april 2007 how do I know if its unenforceable or not ? kind regards michael
  14. michaellast
    Hi Andy Can you help with questions in post #67 please Kind regards Michael
  15. michaellast
    hi andy / dx / anybody who can help I have now progressed with this issue welcome missed the original date to reply with the dx form and they were then sent a order from the court in which they received another 7 days to get the dx form returned and of course this being welcome they have now returned the dx form and also a change of solicitor form as well is there anyway that I can contest welcome getting another 7 days to return the dx as I think its a bit unfair because they clearly missed the date by a long time ? and also they have wiped the records with Experian and call credit cra so clearly trying to hide evidence but ive already printed what I needed and with Equifax the record now shows no finance company to who the file is with . is this it defo going to court ? please help kind regards
  16. michaellast
    hi andy many thanks for that . what would you advise in regards to the defaulting of the account with welcome keeping it going ? regards Michael
  17. michaellast
    hi andy on my DQ in the space any other information for the judge can I add the information in post #55 inflation of debt etc... and also after checking my credit files again I have noticed that my last payment was made in the july 07 but welcome finance didn't default the account until December 2008 is this aloud ? they just kept putting in 1,2,3,4,3,2,1, missed payments surely this is mis leading aswell kind regards michael
  18. michaellast
    hi andy as you can probably tell ive never had to do anything like this before when I send the court and ind ltd the n181 form do I have to send any evidence or statements or anything or just the form for now many thanks with all the help so far kind regards michael
  19. michaellast
    hi cheers andy just to clarify do I need to send this completed form to the court and ind ltd or just the court regards michael
  20. michaellast
    hi andy /dx many thanks for all the help so far I have today just received the directions questionnaire ( form N181) from the court just wondering how to go about this form and going for the kill as am really fed up with these idiots now kind regards michael
  21. michaellast
    hi andy/dx or anyone that can help just a update I have had a letter back from ind ltd stating that they have written to the court and wish to proceed to a trial , in the meantime I updated my credit file to find that welcome finance are reporting my current balance including the county court interest and solicitors fees as well are they aloud to do this as surely the judgement has yet to be heard in court ? any help please guys regards Michael
  22. michaellast
    Hi Andy Have you had the new statue barred letter approved yet please Kind regards Michael
  23. michaellast
    hi guys I received another letter today from ind ltd the letter being a statement of my account after reading through the statement it shows that a default notice letter was never sent out in December 2008 like my credit file states can I use this in my defence as well? and also a payment for £100 cash on 9th October 07 which I never paid due to having no job or car at the time which I will use in my defence also please help regards michael
  24. michaellast
    Hi Andy My defence is due 30th august Regards Michael
  25. michaellast
    Hi Andy Received letter back from wf in reply to my statue barred letter As expected I received the standard proof of identity letter from them . I'm ready to make my defence I'm so sure I never paid them after 26th July 07 . Even though wf say I made a cash payment of £100 cash in Oct 07 which I never did due to already giving the car back to wf in the august 07. I wasn't in work in Oct 07 and my bank statements prove I had no money coming in or out in the October . So any thing that Ind/wf produce I would be able to argue How should I write my letter of defence please Kind regards Michael

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