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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my 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.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 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 Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes 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.  Debt was with halifax, whom passed the debt to PRA Group. 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?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
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welcome finance court claim please help


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hi i wonder if someone could help my partner and his ex wife took a loan out with welcome finance about 5 years ago anyway they split up he thought ex wife had paid it back from sale of house anyway a week ago he got a court claim from welcome for a 1500. i in a panic sent back the form defeneding half as it was in joint names i now no this isnt a legal argument. we have no details of the loan i don't have a clue how much it was originaly for. i no now there is a lot of things i could of done to try and defend this is it too late now i sent that back i am furious with myself any advice please

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hi i wonder if someone could help my partner and his ex wife took a loan out with welcome finance about 5 years ago anyway they split up he thought ex wife had paid it back from sale of house anyway a week ago he got a court claim from welcome for a 1500. i in a panic sent back the form defeneding half as it was in joint names i now no this isnt a legal argument. we have no details of the loan i don't have a clue how much it was originaly for. i no now there is a lot of things i could of done to try and defend this is it too late now i sent that back i am furious with myself any advice please

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  • 8 months later...

hi i really hope someone could in january we recieved a court summons for my partner named jointly with his ex wife who he split from in 2002/2003 from howard cohen solicitors on behalf of welcome finance for £1300. i am young and good with money and my partner is no good with situations like this i paniced before looking into this properly thinking court baliffs etc and filled it in saying admit to half as it was a joint debt i then looked into it a bit more and realised they were not being fair with us really until the court claim we had not one think from them and we have been together 4 years. they also didn't specify anything about the debt when it was for what it was for or when it was defaulted on. so i wrote a letter to the court recorded delivery saying all of this and also that we thought the debt may be statue bare as we have no corrospondence of a welcome finance in the last 6 years that we are aware of. i phoned howard cohen and asked them for a copy of the credit agreement that they never sent to date. we heard up until yesterday when we recieved a questionare from our local court to fill in. what do i do? is there anything i can do? i am so upset with myself for filling the form in but i was terrified at the thought of courts and baliffs. what should i say on the questionare should i try and arrange something with the company? i really have no idea what to do!!:( our financial situation has now changed since january and we dont have the same money spare to pay that we put on the form in january what can i do about this? thankyou so much for reading this any help would be appreciated

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i also forgot to say that the ex wifes papers were served to the house they lived at together she hasn't lived there for 6 years and has gone abroad

 

 

If you not made any payments to the account for the last 6 years it is barred and cohen know it is barred and they are using court action to itimidate you into making a payment - Pay Nothing - do not write or phone them. - Also make sure other party to agreement has made no payments and has no correspondence with them.

 

Write back to the court stating that you will not plead as the account is statuary barred. But if you have sent paperwork back admitting debt seek legal advice ASAP. Could not be too late especially important not to make payment though.

Edited by deckermbnahater
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hi thankyou for your reply i wish i had known this straight away can i do this even though i replied admitting to half is it worth telling the court i did this as the first we heard was a court claim i felt terrified and in panic replied which i am guessing is exactly what cohen's wanted:mad:

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we have no details of the debt but looking through bank statments there are payments to welcome finance and we have bank statments back to 2003 he has no recolection of the debt but his ex wife used to take door step loans out but he left in 2002 so it would of been taken out before then. we have no corrospondence from them what so ever until january when a court claim arrived. sorry if that is a bit vague but they have failed to provide us with any proof of the debt any the paticulars of the claim were very vague

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i have no idea i presumed there may be a back log but i contacted the court in febuary who said they were waiting for instructions from the claimant. then nothing till we had a letter about a week ago from court saying the claim had now been passed to the district were we live and we would be advised of any directions ordered (something along them lines) then we got the allocation questionare yesterday

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this is for starters

not finished yet

 

 

Letter sent when debt is statute barred (send recorded)

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

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welcome Financial Service Claimant

 

 

V

 

 

Mummyto1 Defendant

 

 

 

 

Claim Number

 

 

Date

 

 

Dear Sir /madam

 

 

With Reference To The Above Claim, The Defendant Respectfully Asks The Court To Withdraw Any Addmission Made By The Defendant.

 

 

The Defendant Has Only Just Been Made Aware That The Claim Is Infact Statute Barred And That Welcome Financial Services Has No Claim.

 

 

EncloseD Are The Relevent Case Law And If Howard Cohen Solicitors Wish To Refute This Allegation, The Claiment Will Await There Response Before The Next Hearing.

 

 

one More To Go

 

If Anybody Cares To Join In

 

Be My Guest

Edited by postggj
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this One Is For Cohen

 

Dear Sir/madam

 

With Reference To The Above Claim Which Your Company Is Handling.

 

I Have Today Sent To The Court A Statement Showing That Welcome Financial Services Have No Claim In This Matter.

 

The Account Is Infact Statute Barred Under The Limitations Act.

 

Unless Welcome Financial Services Can Provide Absolute Confirmation To The Contrary, An Application Will Be Made With Costs For The Claim To Be Struck Out.

 

They Defendant In This Matter Requests That Welcome Financial Services Withdraw This Claim At Its Earliest Opportunity,

 

i await your response

Edited by postggj
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What You Need To Do Now Is Put The Three Letters With The Aq In A Pile And Photocopy Or Print Off

 

Send One Copy Of The Three Letters With Aq To The Local Court

 

The Second Lot To Cohen.

 

Most Important

 

With Cohen, Send Recorded Delievery

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