Welcome/Cohens - case withdrawn ***WOO-HOO ***

[Prudence]

Andy, thank you very much for that. Don't know where I'm going with it at the moment, my brain seems to have stopped functioning & I can't get my head round what documents, apart from the obvious, I should be producing. The fact is I have had no reply to my CPR request and the information & documentation I would have got from that would have helped my defence. Not sure if I can go on with this.

[postggj]

hang in there pru

 

this is welcometrying to ware you down

 

see you tomorrow

to sort this

[postggj]

Hi Pru

 

Give Me Five Min To Go Over The Posts

 

Sorry Ive Been Away But Hospital And Ligaments = Leg In Plaster

[postggj]

Hi Pru

 

So Welcome As Usual Have Refused To Release Details As To Your Cpr Request

You Have Contacted The Court And Asked For A Strike Out Because Of Welcome And Its Going In Front Of A Judge

 

You Cant Exchange Case Notes If Welcome Have Not Supplied The Info

 

We Still Have A Week To Put Move Up A Gear.

 

Phone The Court In The Morning And Ask If Welcome Have Passed Any Details To The Court

 

Tell Them About Welcome Ignoring Your Request For Info And Has A Judge Looked At The Case Notes.

 

If Not, Ask The Court To Put In Front Of A Judge Post Haste As You Cant Do A Defence And To Request Again Strike Out For Non Compliance From Welcome

[Prudence]

Thanks for that Post. When I phoned the Court on Friday they told me they could see on their screen that "2 letters had been received" but could give me no further details as they said it's with the Judge. I'll ring them again in the morning as you say and ask if it hasn't already gone to the Judge, can it do so asap & will explain my predicament. I'll come back tomorrow evening to tell you the result & hope for further advice!! Many thanks Post, you are a real gem! Prudence

[postggj]

Pru

 

Judges Dont Like Creditor Taking The Mick With The Legal System,

They Have Seen It All Before

Keep Up The Preasure On A Strike Out

Press On The No Defence Angle As Welcome Continue To Ignore You And The Court

[Prudence]

Will do, thank u

[Prudence]

Hi Pru

 

So Welcome As Usual Have Refused To Release Details As To Your Cpr Request

You Have Contacted The Court And Asked For A Strike Out Because Of Welcome And Its Going In Front Of A Judge

 

You Cant Exchange Case Notes If Welcome Have Not Supplied The Info

 

We Still Have A Week To Put Move Up A Gear.

 

Phone The Court In The Morning And Ask If Welcome Have Passed Any Details To The Court

 

Tell Them About Welcome Ignoring Your Request For Info And Has A Judge Looked At The Case Notes.

 

If Not, Ask The Court To Put In Front Of A Judge Post Haste As You Cant Do A Defence And To Request Again Strike Out For Non Compliance From Welcome

 

Hi Post

I phoned the Court last Wed 25 March, they said the papers (including my letter) were still with the judge and they had heard nothing from the other party. They were supposed to let the Civil Listings officer know available dates by 19 March. I explained my predicament about not be able to comply with disclosure by 31 March because of non-receipt of vital documents/info from the other side. She said there was nothing she could do as it was with the Judge. Shall I just wait until I hear from the judge?

[postggj]

Sorry Pru

 

If Its With The Judge For A Decision Then Its A Waiting Game

 

You Are Covered As The Judge Knows Welcome Have Not Responded

Thats In Your Favour

 

I Take It You Have Been Watching The Main Welcome Thread,

Ime Concearned That This Extended Delay By Welcome Is A Ploy

[Prudence]

Yes, I am with great interest! I think you are all doing a brilliant job. I know.. the extended delay worries me too... feel they've got something up their sleeve

[postggj]

TOMORROW IS THE DAY ME THINKS

THE ACCOUNTS [revised] ARE RELEASED.

 

WELCOME WILL BE HISTORY, CATTLES CANT SURVIVE WITH THAT MILE STONE AROUND THEM.

IF IT GOES BELLY UP,

WHO WILL BE HANDLING COURT CLAIMS,

CATTLES OR HAVE THEY ALLREADY SOLD WELCOME TO THE HIGHEST BIDDER

[Prudence]

With all those big banks behind them, they're sure to have some survival plan.

[Prudence]

Hi,

 

Just to update on my saga!

 

I sent a letter to the Court with our availability & asking for a strike out, explaining we could not construct a defence without a reply from Welcome to our CPR request (sent back in December & nothing received to date).

 

I last rang the Court on Wed 25 March and was told that the Court had heard nothing from Welcome or their Solicitors (they were supposed to advise by 19 March dates for trial) and the papers & my letter was with the Judge.

 

(31 March was the deadline for Disclosure which we were obviously not able to do as explained above)

 

We have heard nothing yet from the Court. However today we heard from a solicitor who we were advised to contact last year re Welcome and who wrote a few letters for us but we didn't proceed with instructing them. These solicitors made an offer of £45 per month on our behalf in June last year and despite two further reminders, never received a reply from Cohens...... UNTIL NOW!!!

 

The solicitors have just sent us a copy of a letter from Cohens which is dated 27 March (and is headed CL Finance Ltd v us - not Welcome Finance???).

 

They say "In an effort to bring this matter to a satisfactory conclusion, our client is prepared to accept your propsal of repayments as per your letter of...... Our client is prepared ot accept payment of £XXXX by instalments of £XX per month subject to a Consent Order which will avoid the entry of a county court judgment being registered against you. We therefore enclose three copies of a Consent order for your consideration. If you agree to the terms upon the Consent order please sign all three copies and return them to this office immediately."

 

Would be very grateful for any advice! What is going on? Thankyou, Pru

[caro]

What does the consent order say?

[Prudence]

Thanks Caro. The Consent Order has the name of our local Court at the top and the claim no., Between CL Finance Ltd & us

Before an Officer of the Court

 

BY CONSENT

 

1 The parties having agreed the terms of settlement in the schedule attached hereto, all further proceedings in this action be stayed save for the purposes of carrying into effect the terms in schedule hereto.

 

2 There be no order as to costs

 

3 Liberty to apply

 

SCHEDULE

 

The Defendant do pay the Claimant the sum of £XXXX.XX by instalments of £XX.XX per month commencing one month from the date of this order

 

Signed (Solicitors for) Claimant

Signed (Solicitiros for) Defendant

[caro]

What do you think about it?

[postggj]

hi pru

 

i know they have not replied to your cpr request

 

did you ever get a copy of the default notice

[Prudence]

We were ill advised, we were missold PPI and said this from the start. The credit amount includes PPI which makers the agreement invalid. That offer was nearly a year ago and no longer applies.

[postggj]

without going through every thing pru

 

did you ever get a copy of the default notice and agreement

[Prudence]

Last post in reply to Caro! Hi Post, I will look through the paperwork, can't remember in all honesty.

[postggj]

please do

 

i think in my own opinion we have them on the run

[postggj]

ime turning in pru

 

up early

 

did you do and get docs in an sar

 

try and dig out those docs if you have them

 

them not replying to your cpr request smells abit

[Prudence]

Yes, we did get Default Notice cos I remember X20 using details of it in the Defence. Yes sent off for SAR to DG - no reply yet. Thanks again Post, Goodnight, see you tomorrow if you're here for further advice!

[Prudence]

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

 

DEFAULT NOTICE

 

 

Served Under Section 87(1) of the Consumer Credit Act 1974

 

Date of Notice: 22-Jun-07

 

Hire Purchase Agreement No. (7 figure number)

 

between (name) of (our address)

and Welcome Financial Services Limited of (branch address)

 

We refer to the above Agreement which you have entered into with us. The terms and conditions provide that you must pay each monthly installment in full on its due date. You are in breach because you have failed to pay the contractual installments.

 

To remedy the breach you must pay to us the total arrears of £2,690.93 before 06-Jul-07

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU (OR A SURETY).

 

FURTHER ACTION

 

On or after the date shown we shall terminate the agreement, enforce our right to recover possession of the goods and/or require payment of the outstanding balance, less rebate allowable as set out below. We shall also require you to deliver up the goods to us.

 

Termination of the Agreement will take effect on the date shown unless the total arrears are paid in full before that date.

 

BUT IF YOU HAVE PAID AT LEAST ONE THIRD OF THE TOTAL AMOUNT PAYABLE UNDER THE AGREEMENT SET OUT BELOW (OR ANY INSTALLATION CHARGE PLUS ONE THIRD OF THE REST OF HTE AMOUNT PAYABLE), WE MAY NOT TAKE BACK THE GOODS AGAINST YOUR WISHES UNLESS WE GET A COURT ORDER (IN SCOTLAND, WE MAY NEED TO GET A COURT ORDER AT ANY TIME). IF WE DO TAKE THEM WITHOUT YOUR CONSENT OR A COURT ORDER, YOU HAVE THE RIGHT TO GET BACK ALL THE MONEY YOU HAVE PAID UNDER THE AGREEMENT SET OUT BELOW:

 

Total amount payable under agreement (less any Installation Charge) £11,742.24

Total amount that you have paid by the date of the giving of this notice £2,935.56

 

PAYMENTS TO BE MADE:

 

'Arrears'; £2,690.93

Outstanding balance under this agreement £8,040.05

Less rebate allowable in future installments* (£1,499.8:cool:

Less insurance rebate* (£694.57)

Total amount to be Paid £7,602.56

 

*Rebate is calculated on the assumption that payment is made on the date shown and will be revised if payment in full is not made on that date.

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BYTHIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE, FOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CIITZENS ADVICE BUREAU.

 

Signed (signature) Branch Manager, Welcome Financial Services Limited

[postggj]

pru

 

do me a favour and post up the default notice again