DLC/Young and Pearce claimform - old Welcome Finance credit agreement **WON DISCd**

[jb000]

Thanks so much everyone.

 

I will keep tuning into the thread to await further news.

 

I am going to acknowledge service with the court next week and totally defend the claim. I would also love to hit them for the ppi and unlawful charges.

 

So any help you can provide would be most grateful

 

jb000

 

PS Default notice is orginal, not a photocopy, was sent to me September 2008 by post.

Edited May 16, 2009 by jb000
added text

[citizenB]

Has the letter heading been cut off due to the scan or is it blank above ?

[postggj]

jboo

 

ill give some teasers to begin with

 

the default notice is crap to beging with

 

all you will be liable for are any arears up to the date of the notice , thats it, kiss the rest goodby.

 

i believe they have charged interest on the acceptance fee before the total charge for credit

 

thats to be confirmed

 

thats a bad copy,

what i would like you to do is write out the figures and a plus b plus c etc in the correct colums and ammounts

 

its the bit that says ammount of credit and total ammount of loan and figures

 

checking on something as yours is an old agreement

 

you need two colums, one for the finance and one for the micky mouse insurance, also i believe you need to sign accepting the insurance products,

thats two signatures

 

thats to be confirmed as the rules might have changed

 

there are no list of charges on the agreement

 

no total ammount payable

 

do you still have any policy docs for those insurance products or did you infact get any

 

medicare

 

they saw you comming

 

that lots just off the top of my head

 

like i said

 

ill get on with this over the weekend

 

i just realised its dlc

 

they were not happy with me when i pointed out those things on my agreement.

 

they know full well these agreements are crap, thats why they are trying to get a judgement by default or as quick as possible

this claim is going noware

 

you need to send the sols a cpr request for specific info

 

ill post it later for you

 

you can smile now

 

dlc have yet another lemon and they are not a major player in the dca stakes:D

[supasnooper]

Have a read of this post where the intricate details of Default Notices are dissected by Banker_Rhymes_With

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

 

 

In your case, Welcome Finance did not provide you with the required 14 days to remedy the breach as required by section 88, Consumer Credit Act 1974

[postggj]

what a great link supasnooper

 

credit deserved for that

 

bookmarked

Edited May 16, 2009 by postggj

[steven4064]

If the DN is invalid, then we recommend you go for a strike out. You can do this when you fill in the AQ or make an appliaction (costs £40)

[supasnooper]

what a great link supasnooper

 

credit deserved for that

 

bookmarked

 

 

I think B_R_W deserves ALL the credit - a brilliant piece of info containing all the necessary details in one post.

[jb000]

Has the letter heading been cut off due to the scan or is it blank above ?

 

The default letter was blank.

 

Thanks everybody I am just so overwhelmed. I am so grateful of the help from you guys. I am in your hands and will start the ball rolling.

[postggj]

We Will Move On Ref The Agreement And Default Notice Later,

Its Allready Game Over For Welcome.

 

Do You Have Any Docs Ref The Insurance Policies

[jb000]

hi postggj

 

The only other document I have is called insurance suitability which I will scan later. I do not have any insurance policies, come to think of it there was probably no paperwork sent to me after the loan was taken out. When I CCA'd them all I got was the Credit Agreement, Application Form and the insurance suitability form which I signed.

 

In your earlier post you asked me to display the figures.

These are:

 

Amount used to settle existing loan £ 1196.83 (a)

Amount of new cash advanced £ 803.17 (b)

Medicare 24 £ 150.00 ©

 

(Optional) Payment Protection £ 687.41 (h)

Amount of Credit £ 2837.41 (i)

Acceptance Fee £ 75.00 (j)

Total Amount of loan £ 2912.41 (k)

[steven4064]

Its Allready Game Over For Welcome.

What is your justification for this? (just checking ) Edited May 16, 2009 by steven4064

[postggj]

default notice to begin with

 

also failings with the agreement

 

dont start me on the micky mouse insurance and commission payments

 

welcome refuse to answer certain questions

 

thats three court claims now where the sols have given up

 

a court ordered them to on the last one,

they threw in the towel

 

its to incriminating

[steven4064]

a court ordered them to on the last one,

they threw in the towel

Is that prudence's case?

[postggj]

yep

 

andie who is also due in court next month has also got an disclosure order from the judge ref welcome/direct group and norwich union ref the true cost of the policies and any undeclared commission payments

 

just waiting now for welcome to make andie an offer

[pt2537]

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

I think that is pretty conclusive that the Regs require a date not the words "fourteen days"

[steven4064]

Although, presumably 14 days from some other date would be OK (provided the other date wasn't the date on the DN) ?

[ghost_dog]

yep

 

andie who is also due in court next month has also got an disclosure order from the judge ref welcome/direct group and norwich union ref the true cost of the policies and any undeclared commission payments

 

just waiting now for welcome to make andie an offer

 

 

Where's your justification for this one, postie...?

[jb000]

Hi everyone,

 

I'm going to acknowledge service with Northampton County Court tomorrow stating that I am going to defend the claim, and my defence will be produced later.

 

In the meantime I am going to write to their solicitors Young and Pearce for all information held on me from Welcome Finance under the civil procedure rules. Can anybody reccommend a suitable template letter for me to send to the solicitors.

 

I will let you all know of any further developments.

 

Many thanks jb000

Edited May 17, 2009 by jb000

[steven4064]

Quote CPR 31.14 and tell them you want to inspect the documents at their office or a mutually acceptable location (PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice)

[jb000]

Filed acknowledgement of service disputing claim. and sent CPR 31.14 request to their solicitors.

 

So now it's a case of seeing what they come up with.

 

I will keep you all posted of any futher developments.

 

jb000

[andie_303]

Where's your justification for this one, postie...?

 

Perhaps as I am the one in court mayne that ought to be a question you ask me Ghost??

 

Just a thought!

[jb000]

Starting to get worried now, 28 days are up on the 9th June, still have'nt heard anything about the CPR 31.14 request from Young and Pearce solicitors. When would be time to put in the 'embarrased defence' and how would I go about it.

 

Many thanks

 

jb000

[postggj]

joung and pearce sol;s

 

thats a new one on me, not our friend mr cohen

mind you he has not been having much luck

 

i would do the embarrassed defence

 

if this goes as normal

 

you will get a letter from the sols saying they have discontinued

 

welcome dont like releasing the dirty laundry in court

 

it SMELLS to much

[citizenB]

Has the letter heading been cut off due to the scan or is it blank above ?

 

The default letter was blank.

 

 

So the DN came in the post with no Letter head or registered office details on it ??

 

I think that is pretty conclusive that the Regs require a date not the words "fourteen days"

 

JB, what was the date on your claim form. You said you received it on the 14th May.

 

You get 5 days from the date of issue then 14 days to acknowledge then a further 14 days to submit your defence, either in full or embarrassed.

 

I make 9th June = 26 days since you have RECEIVED the docs

 

If you havent received any documents from the solicitors then you are going to have to go with an embarrassed defence. Do make sure you get it on time (perhaps a day or 2 before the due date) to avoid getting a judgement by default.

 

BTW, exactly what did the POC say

[jb000]

Hi

 

Claim form was dated 12th May, CPR Request 18 May

 

Sent off Embarressed Defence today by recorded delivery, so may have jumped the gun slightly, but wanted to get things in well before time because I know Welcome Finance only too well I would not put past them doing a mucky trick.

 

POC only stated that (allegedly) I owe them £XXXX and they are seeking to recover.