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welcome - court - collectors - fetch car

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Arghhh

 

they're already taking me to court and they have sent debt recovery people to the door for the car... help!

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Have you had a court hearing yet?


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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No - not yet - have phoned welcome and asked them what they are playing at but all they said was are you going to make a payment...

 

The Midlands Debt Recovery Ltd came the 23/June/09 and today again.

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Have you paid more than 1/3 of the loan?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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if you can, do what i did and register the car in someone elses (a trusted friends) name for the time being, they cant take what isnt yours

 

cat x

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Please Calm Down

 

Do You Have The Agreement To Hand

How Long Have You Had The Agreement

 

Have You Paid Back More Than A Third

Have They Sent You A Default Notice

 

Take It Nice And Slowly So We Can Help

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argument started over PPI

 

Car purchase from them

 

Wanted PPI taken off - misold - someone said I couldn't claim cause pre medical condition - nephrotic syndrome, kidneys- rang Welcome they said i still could?

 

I asked for a SAR only recieved few statements - no insurance details

 

asked again - they defaulted - so I cancled payments (hope I did right)

 

Got original agreement

 

states if you do not keep to your side of bargain but you have paid at least one third of the total amount payable under this agreement which is £2,246.24

THE CREDITOR MAY NOT TAKE BACK THE GOODS AGAINST YOUR WISHES UNLESS HE GETS A COURT ORDER. iF HE DOES TAKE THE GOODS WITHOUT YOUR CONSENT OR A COURT ORDER, YOU HAVE THE RIGHT TO GET BACK ANY MONEY THAT YOU HAVE PAID UNDER THIS AGREEMENT.

 

I'VE PAID £2,479.04 (this is on a letter they sent me stating how much I'd paid)

 

 

What I can not get is

 

welcome hired Irwin Micvhelle to take me to court

Irwin mitchelle sent me a claim form (Northampton county court)

I go to court get help to fill in

I get told to transfer it and get the xtra days to gather defence

I did this online

2 days later someone comes to fetch car - sent by welcome

i phone Irwin Mitchell asking whats happening - they tell me they have passed it back to Welcome

 

I ring Welcome - they dont know about court letter - and then ask if i'm going to make a payment

 

today another 2 men come for car - same company Midland Debt Recovery LTD (have searched for info bout them on internet but cannot find anything)

 

I dont know what to do

 

Am i going to court? Will I be expecting a court date? I'm confused...

 

Who's supposed to be dealing with it

 

Sorry about to many questions - its just eating me away inside

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What You Have Told Me Is Very Good News

Very Good Indeed

 

Where Are You At The Court Stage

I Take It You Acknowledged The Claim Online

Have You Done A Defence

 

Do You Have The Default Notice

 

What Is The Date On The Claim Form

When Did You Acknowledge

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did i just miss something?

 

you have paid £33 over the minimum amount the letter stated you must pay before they have to take you to court to get the car back and they are still coming round for it?

 

just ignore them and if they come again phone the police. I am sure someone will correct me if i am wrong on that line of thought. however stopping the payments was not the right thing to do with a SAR, and should you have decided to put the account into dispute you should have written to them first to inform them of such.

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They cannot just come and take the car you have paid over the 1/3 - to do so they would have to have a court order that they do not have.

 

You need to write to Midland Debt Recovery - remind them of their legal obligation to gain a court order before coming to see you again and any dispute they have with this should be directed to their employer i.e. Irwin Mitchell and Welcome Finance.

Any further action they take will make THEM liable to court action pursued against them by yourself.

 

You cannot really from a legal standpoint put your account into dispute for non production of SAR this can only be used for CCA (Welcome would still ignore it then!)

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Thank you everyone for help your giving me - your brill... feels great getting stuff of my chest.

 

*Date on claim form - issue date - 3/june/2009

 

*have not done defence - i thought just tell court what i've told you and ask judge for help

 

*i have a default notice - served 24/sept/2008

 

WITHOUT PREJUDICE

FAILURE TO READ THIS LETTER MAY RESULT IN LEGAL PROCEDINGS

 

YOU ARE HEREBY SERVED UNDER SECTION 87 (1) OF THE CONSUMER CREDIT ACT WITH THE ATTATCHED DEFAULT NOTICE. WE INTEND TO EXERSICE OUR RIGHTS TO ENFORCE COLLECTION UNLESS YOU CLEAR YOUR ARREARS WITHIN FOURTEEN DAYS OR ALTERNATIVLEY CONTACT ME WITH YOUR PROPOSEL FOR SETTLEMENT.

 

BE ADVISED THAT SHOULD YOU FAIL TO CONTACT ME AND LEGAL ACTION BECOMES NECESSARY WE MAY APPLY THROUGH THE COURTS FOR AN ATTATCHMENT OF EARNINGS ORDER TO BE MADE AND DEDUCTED VIA YOUR EMPLOYERS.

YOU WILL ALSO BE HELD LIABLE FOR LEGAL EXPENSES INCURRED.

WE STRONGLY URGE YOU TO TELEPHONE THE UNDERSIGNED IMMEDIATLEY. (theres another page with it)

 

 

*got to click abutton online - dont know which one

 

a) it says you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence

b) If you admit part of the amount claimed, complete the addmision and the defence

c) If you admit all of the amount claimed and you want time to pay, complete the Admission form

 

*I admit the car money and intrest on it - that's all - not the insurances - they misold them to me - not fair

 

*When i Sar'd them - i got nothing about the insurances which i was after

 

*Can't contact Iwin Michelle as they passed it back - this is why im confused

 

*is car hire purchase - someone has informed me also about the header along top

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

cannot take the car as agrement is not sercured on car unless its a hire purchase - basic credit agreement - can only persue for sum amount

 

is this right?

at bottom it says HIRE PURCHASE AND CREDIT AGREEMENT ON TRADE PREMISES - regulated by the consumer credit act 1974 weekly/monthly paid...

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So You Have Addmitted Part Of The Claim When You Acknowledged Service

Confirm Please

 

As Usual The Default Notice Is Crap

 

What Date Did You Acknowledge The Claim (important}

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If Pt Or Stephen Are About

 

Can You Change Your Plea To Defend All The Claim If You Have Allready Addmitted Part As No Defence Has Gone In Yet

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So You Have Addmitted Part Of The Claim When You Acknowledged Service

Confirm Please

 

As Usual The Default Notice Is Crap

 

What Date Did You Acknowledge The Claim (important}

 

8th june/09 is that ok or to late

 

i've not admitted anything yet - dont know what to do.

 

so do i press the defend all claim?

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I Hope You Are Not To Late

 

Please Go Online And Press Defend All Of The Claim

Please Confirm You Did Acknowledge The Claim Online

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all i filled in was an Acknowledgment of Service form

 

i have not admitted owing money to welcome for the car to the courts

 

i was just informing the consumer forums/all of you - that i admit owing for the car and the finance on it

 

and i didn't get my agreement with the subject access request

 

when i said i already had the agreement i meant i've had it from when i purchased the car - but i want going to tell Welcome that.

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Press Defending All Of The Claim

Now

Please

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I Hope You Are Not To Late

 

Please Go Online And Press Defend All Of The Claim

Please Confirm You Did Acknowledge The Claim Online

 

 

it dont say that what you say above only this

 

it says you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence

 

is that it?

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It Should Be Do You Dispute The Claim

The Answer Is Yes

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Dont Worry About The Defence Yet

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Dont Worry About The Defence Yet

 

its come up saying when to use this form filing a defence and counterclaim

 

spacer.gifIf you wish to dispute all or part of the claim and (if appropriate) make a counterclaim you can respond to the claim with your Defence & Counterclaim using this online service, by answering the questions presented in the electronic forms that follow. You will need to complete the electronic forms and submit them to the court within 14 days of the date of service, unless you have completed and submitted an acknowledge ment of service

Before completing these forms you are strongly advised to read the notes for guidance and the claimant's particulars of claim, on the claim form N1. You should comment on every allegation made by the claimant in the particulars of claim. If you do not, the Court may consider that you admit the allegation(s). You should complete this form giving as much information about your defence as you can. If you intend to make a claim against the claimant (a counterclaim) you must provide full details of your claim (including how much you say the claimant owes you).

 

Have i pressed right one? sorry if i seem a bit thick - not used to this.spacer.gif

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Ime A Bit Concerned That The 14 Days From Acknowledge Of Service To Do A Defence Has Passed

 

Ill Be Back Tomorrow With A Holding Defence For You

 

Can The Site Team Comment On My Question Ref 14 Days From Acknowledge Of Service

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Is There A Thread On How To Complete Mcol For Ref

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Ime A Bit Concerned That The 14 Days From Acknowledge Of Service To Do A Defence Has Passed

 

Ill Be Back Tomorrow With A Holding Defence For You

 

Can The Site Team Comment On My Question Ref 14 Days From Acknowledge Of Service

 

 

Thank you so much - hope its not to late

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