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    • Hi all,  Many moons ago (2012)  I had a Virgin credit card (issued by MBNA) that defaulted.  They did provide a valid CCA so I was advised by the good folks on CAG to make small payments to keep them quiet - I set up a standing order to pay them £5 a month, and it's been that way ever since.  The debt has been sold on a million times, but £5 is nothing so I've paid no attention to it.  Anyway, I received a letter from Capquest (who must be the current owners of the debt) back in March asking me to contact them to discuss a suitable repayment option, and the account will now be managed by Resolvecall.  Now £5 a month IS a suitable repayment option so I ignored their letter.  A few days/weeks later, I received a letter from Resolvecall, acting for Capquest wanting me to contact them and threatening a home visit if I ignored their letter.  Obviously I DID ignore their letter, and last week a lady knocked on the door (unanswered) and put a card through asking me to contact Resolvecall. Interestingly, their letter said if I didn't reply within 7 days from the date of the letter, and...you guessed it, there was no date on the letter! Out of curiosity, I logged in to Resolvecall's account, and it shows my two most recent £5 payments, so they ARE receiving my money but clearly want more - which they're not getting.  Now - do I play silly b*ggers with them, and ask them to provide the true copy of the CCA to see if they can come up with the goods? Do I just ignore them and carry on paying my £5? Do I stop paying altogether?  I know the case isn't SB as I've been paying regularly, but not sure how to play going forward?  Any suggestions gang?  Thanks you!   
    • Agreement start date 27/11/15 Amount added from previous loan (before interest was, again, added to it) was, £3441.62
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Welcome Finance **WON**


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not being legally trained in any way, I do not really understand 'the claimants claim be dismissed' does this mean the case is just over following the statement made by the Judge.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi Maybelline

It Just Means Both Parties Have Agreed Settlement In Front Of The Judge

Welcome Must Have Realised They Were On A Looser And Accepted The Judges Recomendations

I Agreed And Withdrew My Claim

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thats great, so WF backed down completely! what happened about costs?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Relieved Is An Understatement

This Has Been Going On For Six Years

Would Not Have Been Able To Do It Without Your Help Mabelline, And All The People Looking In On My Thread

You Can Now All Add A Welcome Scalp To Your Sucesses

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I Understand A Lot Of Welcome Fighters Are Thinking, I Wish It Was Me,

All I Can Say Is That I Had To Start Some Ware

Welcome Will Go Right To The Courts If A Mr Orill Has Anything To Do With It

Stand Your Ground And Dont Be Put Off By Any Sort Of Underhand Tactics. It Rattled Me, But Thanks To Words Of Encouragement From Maybelline, I Continued.

Its A Long Battle, But You Will Get There In The End

 

Above All

 

Fight Injustice

 

Keep Fighting

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congrats postggj

 

i've got to face mr orribble in a couple of weeks so looking forward to the challenge.

 

did they produce the caligraphy/graphology report or what ever it was??

 

i too think that the documents they submitted to court for my claim are a bit dodgy so looking forward to making them squirm

 

would it be possible to post any judgements or judges comments in case they help others claims

 

well done... it gives me a boost when others have won

 

CAGer's 1 - 0 welcome

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Will Post Judgement When It Arrives From Court

Take My Word For It Mr Orill Is Not A Nice Chap

I Know He Has A Job To Do But Dont Take It Personel

The Forensic Graphologist Report Was Not Needed

Judge On My Side All The Way

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Its Strange Though

I Have Not Come Across Any Threads Where People Have Taken On Welcome And Won In Court

They Normally Settle Before Court

Are We Seeing A Change Of Tactic By Welcome

 

JUST GOES TO SHOW

THEY CAN BE BEATEN

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Well done postggj, I was waiting for your case to be over before starting mine against unwelcome finance.

 

The CD with phonecalls on it welcome sent me, is a bit dubious, as a friend in the recording industry has listened to it and it appears to have parts missing.

 

I look forward to seeing your judgement, when you receive it - usually takes a few days.

 

Well Done again :)

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"By Consent It Is Ordered That The Claiments Claim Be Dissmissed."

 

Correct me if I am wrong... Lack of legal knowledge and all that... but if you were the Claimant, and Welcome Finance were the defendant, and your Claim was dismissed... Doesn't that actually mean that you lost...?

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No, because the defendant also admit he owes no money.

 

Meaning, they can't chase him ever again for this account, or file crap in his credit reference.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Mmmm... not really a wain then, more of a score draw...

 

But the way I understand it, the claim was never about chasing him for payment, it was about removing defaults from his credit file... so were they removed? He hasn't said yet.

yes, they were.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hm... so they agreed that you don't owe anything?

 

Have they removed the default?

 

post 372

I Can Confirm Default Gone

Mr Orill Can Threaten All He Wants The Court Has Decided So Welcome Cannot Bring Any Further Litigation

Ref Judgement Above

You Just Have To Pick At There Weakness And Use It To Your Advantage

Helps To Have A Decent Judge On The Day

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Okay... officially confused now... Like I said, legal knowledge is a bit sketchy...

 

I have followed this thread for quite some time. But please tell me:

 

if...

 

a) his default was removed

b) there is no money owing to welcome

 

...then how come his claim was dismissed by the Judge? If his claim was dismissed he lost. Period. End of. So if his claim was dismissed, how come he won?

 

Sorry to be a pain, but this is making my brain hurt.

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His claim was for damages.

 

He will not get these damages.

 

the consent order states he does not owe welcome anything... at all... and they will never be able to take enforcement action against him.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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after reading several threads and from my own experiences, it seems as though there is real doubt in peoples minds as to the information being provided by welcome during complaints.

 

my own case highlights missing documents, documents which contain information which doesn't relate to my loan, inaccurate documents which cannot be originals or copies of, documents which appear to have been made to look like originals but contain incorrect info. it also has witness statement supposedly from the person who sold me the loan (but no longer work for welcome) stating that they did not tell me PPI was compulsary (now i know and everyone else who has dealt with welcome knows that they tell people the PPI has to be taken out).

 

but what in reality can we do about it....

 

i could not use any judgements or comments made in Postggj's case to help my claim as welcome would argue that each case in unique.

if i do manage to convince the judge that documents they submitted in my claim shouldn't be considered, i will probably win the case and convince the judge that aren't to be trusted but it won't help others as it won't lead to a formal investigation into their practices or who has submitted this false info and it wouldn't set precident.

 

so what can we do....

 

these forums are full of people who have all gone through the same experiences and are all claiming the same thing about the same companies and we all go off (with each others help) and prepare our cases for court. then we go off to court and on the day it's each person against the institution. but i get the feeling that there must be something we can do as a group to add weight to each persons complaint in the eyes of the courts.

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