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    • Thanks guys. Updated witness statement accordingly with dx's post. I have a draft order. As follows, is this ok?   It is ordered that: 1. The default judgment dated 10 November 2021 be set aside. 2. The Claimant pays the Defendant’s costs of this application to the sum of £275. 3. The Claimant has permission to file and serve a reply if so required.   4. All enforcement be put on hold pending the outcome of the application.   So with the N244.. include the Witness statement, draft defence, and draft order? And include a copy of all evidence?   Thanks
    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   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. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
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welcome finance - problems !


pinklily0105
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Ok so I have posted an issue with my secured loan on another post and it was suggested that I run my own thread.

 

Took out a secured loan with welcome 1st nov 06. Biggest mistake ever !! We were told at the time that the ppi was a condition of the credit; it was suggested that the application would be refused otherwise and at the time we were desperate so went along with it. Obviously since, I have been made aware of this site and watched with much interest. I soon realised we could claim for PPI mis-sell, also the fact that our agreement was for 180months and the cover only lasts for between 36-60months. So thats a con in itself! Anyway I complained to welcome and they hit back saying that it has took us too long to comaplin and so we have experienced the benefits of the insurance and can't very well claim now, also the fact that it was ticked at the bottom of the form that we knew it was optional. I must point out, we did not tick it ourselves, we were just shown where to signiture the form, silly on our part I KNOW !

 

Im ashamed to admit that was January this year, and we haven't persued welcome any further - would I still be able to do this now ?

 

After spending a long day today reading all about your fights with welcome, I have become more concerned of how we have been conned.

 

As i say it is secured, but we didn't have a cooling off period as such. We rung up cause we already had a personal loan with them, they made us an appointment to go in. They went through our earnings and what we already paid out. Then said we had the loan, we just had to go back the next week and sign. We did and was given the cheque the same day. After I have looked on at my agreement today though there are 3 different dates on my paperwork ! How silly were we not to pick up on it ! So we can't prove any of that now !

 

Then I have learnt today that we have been paying interest on the acceptance fee. it was 235, but on our breakdown of payment we are paying 4.30per month for it over 180month period. So certainly not 235 !!!

 

I am going to try to put my agreement on here, just need to suss it out !

 

So not sure what to do now. We have never missed a payment with them, though it cripples us, too scared to in case they take my house, read too many bad things about them.

 

Should I be getting a solicitor to look over my agreement ? Not sure if I have any case with them, as they shot down my PPI claim, maybe just this acceptance fee, if it is illegal to charge interest.

 

Any advice would be very greatly appreciated, sorry I know its been a long one and you have all fights of your own! Thanks for reading it.

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welcome are one of our worst co's on here ever!

 

don't take no for an answer.

 

go get 'em for everything you mention.

 

you might find it useful to read the 'notes for claimants' sticky in the PPI forum by alanalana.

 

off you, go and we'll help you get these issues sorted.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HI PINKLIILY

 

RIGHT, NOW YOUR THREAD IS UP AND RUNNING

 

FIRST THING THAT STANDS OUT IS NO 14 DAYS COOLING OFF PERIOD

 

THATS ONE

 

OK WHAT I WANT YOU TO DO FIRST IS CONTACT THESE PEOPLE AND REQUEST THEY SEND ALL DETAILS THEY HAVE ON YOU

 

Direct Group - Where Insurance and Innovation Combine - Home Page

 

 

IME WELL UP ON ALL THE WELCOME TRICKS SO ILL BE WITH YOU ALL THE WAY

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Anyway thanks for coming on to this postggj, I've read so many of your threads. What do I need to say to this direct group, will I need to give them any account details etc from welcome ? All in writing I take it ? I do have the policy schedule from these, which i was sent at the beginning of the loan.

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hopefullu you can see the documents i have scanned. There are only 2 others are duplicates, i is the loan agreement, the other is the breakdown of the monthly payment which shows we are paying 4.30 per month for 180 months for settlement fee of 235 !

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yes its a joint secured loan, think i have duplicated the copies on photobucket, all the info is for the same secured loan.

 

But yes your right they have seen us coming, i am kicking myself several times a day ! can't believe what we have done really.

 

My husband has had the personal loans in the past, but basically we got the 10000 secured loan, the other 1873.41 was to pay off existing personal loan and then obviously all the insurances we were conned into !

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