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    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
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help needed with welcome finance


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ime afraid you have to keep paying for the time being

 

wait for another agreement to appear and cross match

if confirmed, you can put the account into dispute and stop payments.

 

dont do that though until you have the evidence

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hi,

 

well had a call from welcome today. The man from compliance said he was horrified at the amount of calls we were getting and they would now stop... Very apologetic.

 

He told us a statement is due to be sent to us next month. We explained that next month would mean we have not recieved a statement for 15 months. He just apologised again.

 

Relating to the ppi. He said the payments cant go down even though the fos deemed it to be missold. As it was not cancelled within first 30 days payments have to stay the same.

 

I have asked for everything in writing.

 

Firstly i know they cant add charges as i have not recieved statement. Does anyone know if this is from when it should have arrived in january or is for the whole of the period the statement will cover.

 

secondly does anyone know if this is correct that the payments have to stay the same as the ppi wasnt cancelled as such it was proved to be missold and completely refunded.

 

thanks

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typcal runaround

 

you gota new suit yet mr p

 

karen, let me get this straight

the fos agree the ppi has been missold and has to be refunded.

 

if that is the case the 30 days to cancel the policy does not come into it,

 

they should cancel the policy and modify the agreement to adjust the total, not ito forget interest you have paid.

 

may i ask,

 

the refund of this insurance, will it wipe out the rest of the loan or is there still quite a bit to pay

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hi,

 

well had a call from welcome today. The man from compliance said he was horrified at the amount of calls we were getting and they would now stop... Very apologetic.

 

He told us a statement is due to be sent to us next month. We explained that next month would mean we have not recieved a statement for 15 months. He just apologised again.

 

Relating to the ppi. He said the payments cant go down even though the fos deemed it to be missold. As it was not cancelled within first 30 days payments have to stay the same.

 

I have asked for everything in writing.

 

Firstly i know they cant add charges as i have not recieved statement. Does anyone know if this is from when it should have arrived in january or is for the whole of the period the statement will cover.

 

secondly does anyone know if this is correct that the payments have to stay the same as the ppi wasnt cancelled as such it was proved to be missold and completely refunded.

 

thanks

 

Karen FOS and FSA guidelines say that when PPI is removed loan should be restructured so payments decrease - As Welcome front load the loan so heavily this is why they want to take it off the back - you will be effectively still paying interest on PPI policies you do not have anymore.

 

Tell them they either restructure or YOU will take them to court to force them to do so and they will be liable for your costs as well.

 

A big no no this that they keep thinking they can get away with!

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Hi, thanks for all info.. obviously you all know the mr p better than me then. No doubt i will be getting to know him a bit better soon .

 

The ppi was completely refunded last year after i contacted the fos. They said it was missold. Also they stated that they had to read the agreement 3 times before they could find where it stated it was optional. So yes it was all refunded last year but my monthly payments never changed.

 

We are struggling to try to keep up with the payments which are £372 per month. We are currently about £2500.00 in arrears so they say but i have still not recieved a statement for 15 months so cant be sure about that.

 

The oustanding balance should be about £5600.00. But to be honest the amount of calls we have had its probably more than that now.

 

This is what made me dig out the original agreement which showed differences between what they sent me when i sar them last year.

 

thanks everyone

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Just a quick update. I have had an email from the ico. I contacted them regarding lack of statements originally.

 

They have basically said send them a sar and £10 and hopefully they will provide statements. If they dont provide them contact ico again.

 

This does not seem fair at all that i have to pay for something that i should have originally got at least annually anyway.

 

karen

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  • 2 weeks later...

When you SAR them ask for everything they have on you, transcript of phone calls etc, it's all on the template, just delete what you dont want.

Don't just ask for the statement, you should get another copy of the agreement as well. Sorta makes it worth the tenner when you get reams of printouts, they should give you everything going back 6 years, if it goes back that far.

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  • 2 months later...

hi just to update. The fos sent a letter to welcome telling them to issue me with a response. I had the response within 7 days. Funny really they dont reply to my letters.

 

In my letter to the fos i basically stated about the lack of statements. Its now about 18 months since i have had a statement. The constant calls. The fact that the payments were never reduced even when the ppi was deemed missold by the fos. and about the threats they keep making on the phone to us. And lastly about the differences in credit agreements (original and copy).

 

well in welcomes letter they basically apologised if i felt service i recieved wasnt very good. They said the only way to get payments down it to sign a new agreement with them. If i sign they will scrap all charges been added this year. They said statements enclosed which they was not so i still dont have statements. And they did not mention differences in credit agreement.

 

Firstly i dont know if i should have to sign a new credit agreement. That doesnt seem right to me.

Secondly still no statements so i dont actually know what they have been charging.

Although i have to admit calls have really slowed down since fos contacted them so thats good.

 

The offer to sign the new contract is only valid till the 26th june (seem a bit desperate to get me to sign a new contract).

 

I dont know now if i have to send a copy of this letter to the fos as they are now dealing with the case or wether i should reply.

 

Any help would be really really appreciated

 

thanks

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Hi

 

If the FOS are dealing with your complaint I would send a copy of welcomes letter to them and let them deal with it. I think you will find welcome are in the wrong to ask you to sign a new agreement and as you say they are showing signs of being desperate.

 

They are notorious for poor paperwork and i am sure the FOS are well aware. If you have a good adjudicator on the case they will chase welcome and investigate thoroughly.

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karen

 

PLEASE PLEASE

 

DONT SIGN A NEW AGREEMENT UNTIL YOU HAVE CHECKED IT OUT

 

THE ONLY REASON WELCOME GET YOU TO SIGN A NEW ONE IS BECAUSE THE ORIGINAL IS CRAP OR THEY DONT HAVE THE ORIGINAL

 

HAVE YOU SEEN THE ORIGINAL AGREEMENT YET

 

A NEW AGREEMENT CANCELS OUT THE PROTECTION ON THE PREVIOUSE

 

THIS SMELLS BAD

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hi thank for replies. I have had a letter this morning from fos with a copy of welcomes letter. The fos have just asked if i am happy with reply or not.

 

obviously i am not as i still have no statements. I am very against signing a new agreement.

 

I do have original agreement and the copy of the agreement they sent me when i did a sar which is different. Figures are different slightly.

 

Im not really sure what i should do next. Should i reply to welcome? Or just go through the ombudsman? Would it make any difference that the copy of agreement they sent me is different from original. Only one agreement has ever been signed.

 

any help is really appreciated.

 

My credit agreement where they sign its blank. On they one they sent me it is signed.

 

On my credit agreement where all the figures are there is a px allowance £1 then deposit £1. This is where all the main figures are.

 

On the copy they sent me it doesnt have these figures on. Surely the copy they sent me should be exactly the same as the original i have as only one credit agreement was ever signed.

Edited by karen654321
added differences
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do you think them small differences would make any difference though? im not really to sure that the ombudsman would see that serious enough to do anything do you?

 

When i contact the fos again obviously i will state differences but what am i hoping to gain from it? The debt couldnt be wrote of by the fos because of it could it.

 

bit confused sorry

 

thanks

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hiya, well i have done the letter to the fos. Basically saying no im not happy with response from welcome.

firstly still no statements.

secondly no mention of the differences in the original credit agreement and the copy. I asked how a credit agreement can alter when only one has been signed. I said i think its been fraudently produced as i definatly did not sign a second agreement.

 

and lastly that there is no way i want to sign another credit agreement with this company.

 

hope this is all ok

 

karen

Edited by karen654321
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  • 2 weeks later...

Just an update. Still waiting to hear from the ombudsman. Had a call today from welcome telling me that the fos had told them to contact me to sort out the payments. Didnt believe welcome so i ended call and rang the fos.. They told me they had not asked welcome to phone me.

 

i cant believe the cheek of this company..

 

First call i have had for a while from them. the calm before the storm i suppose. Im waiting for them to turn up for the car.

 

karen

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  • 8 months later...

hi there, Just and update really and some advice needed.. Fos have looked into this now. Letter came today from them. Not sure what i should do next. Any help would be appreciated. main points from ombudsman below,

 

Basically its stating that the business (welcome) offered to re write my agreement in its letter of the 11 june 2009. This would have reduced my monthly repayments to show no ppi. This would not have prolonged the term of the agreement or increased the total amount payable. I did not respond.

 

The business could not provide an explanation as to why you(me) have two different documents signed(this is actually cca not just documents). I cannot conclude that you have suffered a financial loss because of this paticular aspect of your complaint and therefore cannot recomment you be awarded for compensation for this.

 

As of october 209 the business was obligated under s77 consumer credit act 1974 to provide you with an annual statement of account. It explained that it had been sent on 1st feb 2009. However as you did not recieve it and in light of this the business has provided me with a copy of your statement of account. which i have enclosed.

 

The business offers a refund of charges of £275.00 in addition to the £50 to reflect the distress and inconvenience caused. I am in view that this offer is fair and resonable.

 

Any help with response would be really appreciated.

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I really do not know how to respond to this. It does not seem fair that the fos just accept that there is a second agreement that was never ever signed by me which is different from my agreement and welcome cant explain it..

 

Been doing lots of reading up on welcome and cant find anyone in a similiar boat to me.. Any help would be appreciated.

 

thanks

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