Welcome Finance Help Please :(

[postggj]

give me a few days but one thing sticks out

 

where is the total ammount payable

 

can you post up the statement of needs

curiouse as thats for ppi etc

[MungryMatt]

http://i707.photobucket.com/albums/ww72/claretmatt/son.jpg

 

One statement. I think it's designed to indemnify them from PPI claims and the like.

 

Regarding my CCA I noticed Welcome haven't signed or dated my agreement myself. Is that significant?

[42man]

Have you got a copy of the judgment Matt ?

[42man]

Any copy of the default notice either ?....

[postggj]

The Statement Of Needs

 

Did You Sign It

If You Did It Appears Welcome Are Learning From Past Mistakes

 

As 42man Has Asked

 

Do You Have A Copy Of Any Default Notice

 

Post It Up Please As Important

[MungryMatt]

It's all in the photobucket link on first page. You've seen them all before anyways!

[postggj]

Hi Matt

 

Ill Get Back This Evening With Some Sugestions

 

Welcome Are Going Noware With This As The Default Notice Is Crap

 

All You Are Liable For Are Any Arrears Up To The Default Notice, Thats It, No More

[MungryMatt]

So, what you're saying is that ultimately, I'll only have to pay arrears up to the default notice and not the rest of the loan?! Seems crazy!

[postggj]

Crazy But True

 

Its Welcome Who Terminated The Account.

Its There Fault The Default Notice Is Crap, Not Yours

 

Only Works If Welcome Issue A Court Claim Against You Though And Keep It On The Qt Till Then

[MungryMatt]

I don't think Welcome have actually terminated the loan agreement. They never sent me a Termination Notice and are still sending me regular statements. Makes me think they've been a little bit cute over this.

[postggj]

If They Have Sent You A Default Notice, Which They Have

They Have Terminated The Account

 

They Cant Go Back On The Default Notice

 

Its An Official Document

[MungryMatt]

So what happens assuming I get the judgement set aside. Can they re-do the paperwork and go again?

[42man]

The default notice is incorrect as postgg correctly says...it has to state a date it can't just say 14 days....!!! This thread here should give you an idea - apologies if you have seen it already - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html - send off the SAR asap....if you made payments against the default notice they could possibly issue another IF they haven't terminated....

[MungryMatt]

"if I made payments against the DN"

 

Not sure what you mean by this. I can tell you the only payments made after the DN were what the court ultimately ordered me to make.

 

I just made a discreet fishing phone call to Welcome under the guise that I wanted to settle my account with them. The woman I spoke to confirmed that the agreement is indeed still in place.

[MungryMatt]

Any thoughts about this anyone? Please?!

[postggj]

Hi Matt

 

Welcome Talking Pure Crap Again

 

How Can An Agreement Still Be In Place If You Have A Ccj Against It

 

To Get A Ccj, An Account Needs To Be Terminated, By A Default Notice

 

As Its Subject To A Ccj, Have You Decided Yet On A Set Asside Application

[MungryMatt]

Hi all, thanks for the help as always.

 

I'd like to go ahead and give Welcome another leathering. I'm just deeply concerned about the agreement still being in place. I've been reading that because they've demanded full payment early, they have terminated the agreement by actions. Is this true? Could anyone point out some precedents to set my mind at ease? The last thing I want is to get the CCJ set aside only to find out they can come again for the money because they didn't terminate the agreement.

 

Also, how long do I get to clear the arrears prior to DN?

 

EDIT: Also going to need help with N244 form, Thanks

Edited June 14, 2009 by MungryMatt

[MungryMatt]

Bump

[Viscount Stair]

A termination notice following a duff DN is just one way of establishing that the contract was repudiated. Demanding full payment without a valid DN is repudiation, as is commencing proceedings without a valid DN.

[MungryMatt]

Any help with the N244 to get this sucker set aside?

 

Much appreciated

[iconoclash]

Hi all. Managed to get CCBC Northampton to email me a copy of the POC. Here it is in all it's glory:

 

THE CLAIMANT'S CLAIM IS FOR THE SUM OF 3326.38 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER A REGULATED CREDIT AGREEMENT MADE IN WRITING BETWEEN THE DEFENDANT AND CLAIMANT UNDER REFERENCE XXXXXXX THE DEFENDANT HAS FAILED TO MAKE PAYMENT IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974. THE CLAIMANT CLAIMS THE SUM OF 3326.38.

 

Hi - this bit above is their claim details - has it been heard and judged? If so you have something like 14 or 28 days to apply for set aside from the date of judgement - pls correct me other caggers if wrong - i had a judgement set aside before so will post you my particulars used on the N244.

[iconoclash]

Hi - heres the Court Procedure Rules re set aside - make sure you get the DJ to add that this same action may not be brought back into court on the same evidence to avoid the restoration of the claim by them - in our case we also had the costs order in their favour overturned and a new costs order made against them for us!

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

[MungryMatt]

One last time... For some help with N244, please

[iconoclash]

Hi - not sure what the grounds are in this one - we didnt even have an agreement so my particulars of defence are pretty useless to copy out. Think you just have to set out the points that are wrong - the failings in the procedures etc re the default notice, do this in Part C of the form and attach it as another sheet if not enough room. Hope this helps.

[MungryMatt]

Still haven't managed to complete my N244, there are some things I just don't know if I need or not (like a hearing etc)

 

Please help