welcome finance court claim please help

[mummyto1]

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

[postggj]

hi mummyto1

 

please start your own thread

i see you are new, if you need a hand in starting the thread

shout

 

as this is at court stage and you have addmitted half, needs to be sorted quick

[mummyto1]

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

[mummyto1]

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

[mummyto1]

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

[deckermbnahater]

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 September 27, 2009 by deckermbnahater

[postggj]

this letter from the court

is it an

 

allocation questionair

 

and did it come from the court

[mummyto1]

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:

[mummyto1]

this letter from the court

is it an

 

allocation questionair

 

and did it come from the court

yes

[postggj]

ok

 

i know how to deal with this and i will take the greatest pleasure in shoving it under cohens nose

 

i am going to do a letter for you to send the court with the aq

 

its important to be honest

 

check back in a few hours

[mummyto1]

thankyou so much i appreicate this

[postggj]

please confirm the last lime payment was made

was any letter sent in the last six years ref the acount

[mummyto1]

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

[postggj]

just getting to know the inns and outs before i do the letter

 

if the court claim was in january, why only now are the court sending an allocation questionair

[mummyto1]

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

[postggj]

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

[postggj]

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 September 27, 2009 by postggj

[postggj]

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 September 27, 2009 by postggj

[postggj]

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

[postggj]

If You Need Help With The Aq

Give A Shout

 

Ime Sure There Is A Template For Filling In An Aq

 

If Some One Has A Link

 

Please Post

[mummyto1]

...

Edited October 2, 2009 by mummyto1

[postggj]

Figh Fight Fight

 

Keep Quiet And See What Cohen Comes Back With

 

I Know What Welcomes Addmin Was Like Back Then

 

Please Deleate Your Last Post For Obviouse Reasons

[mummyto1]

ok thankyou will we get in trouble with the court if it is found to not be statue bare

[mummyto1]

i forgot to say i have not been able to send any letters yet as i have been extremley ill with salmonela is this still the best course of action sorry to be such a pain