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    • Thanks uncleB   One other question: Can a mortgagee in possession refuse to sell? And instead rent?   Or do they have legal obligation to sell?
    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
    • Ah I thought you meant in the actual MCOL claim, in the ebay listing yes, in the PackLink compensation claim yes as well, in the MCOL claim I made no mention aside from the value of the item.   and just an update:   I am able to request a judgement from the two separately.   The claim was issued on the 13th, plus 5 days and another 14 days = 1st Nov my guess (not accounting for business days)   This was also added:    
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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SD received from Lowells on 'dodgy' sold welcome finance loan[s]


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hii

i sent my application to have this set aside on the 26th april.

 

today i have received a letter from BW Legal saying they have contacted the courts

and i have made no such application.

 

Also they claim that there client has no pending dispute on file.

 

they state that if in 7 days i donot make satisfactory offer to pay they will contact the courts to petition of bankruptcy

 

Thanks

 

Miky-j

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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Could someone please give me the correct address for sar for welcome . I have an address in nottingham but not sure if its correct sorry for jumping in on this thread.

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Hi i have spoken with the courts today my self and

 

they say they have not yet received it and advised me that i should resend it with a note attached

with reference to the phone call i had with them.

 

i find it weird how the loan was secured against my property but welcome seem to have lifted the bond to my property.

 

i also find it very weird how not once has my wife been mentioned in amy of the correspondence from bw legal.

 

when it was a joint application for the loan i have quoted the section 3.7 of the oft guide lines part f

but they seem to be ignoring me.

 

but i have not mentioned any of this information to them as i may be ale to use it against them

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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If it was me in your position then I would be taking the forms 6.4 and 6.5 down to the courts myself....how did you send them in ? recorded delivery ? normal post ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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  • 1 month later...

Just a quick update.

 

BW sent me a letter saying i was to provide them wit documentation of the account being in dispute

and that they had contacted the courts to see if i had made an application to have this set aside.

 

Also they claim that i have not made any application.

 

But*i have taken the papers personally,

 

I am not surprised that they threatened me wit a bankruptcy petition

if i did not provide them with the documentation the required with in 14 days.

 

back in april and i have heard nothing else from them when i responded again by saying the account was in dispute

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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ok coming on-board here

 

have you got that SAR back yet.

 

let me just give you mythoughts on what has happeed.

 

I bet the org loan which was secured has been closed and a new agreement taken out in your name and signed by

welcome finance staff

 

very common thing for them to do

looks like 90% of the debt will be PENALTY charges & PPI

[yes I bet they didn't refund everything correctly!!]

 

welcome have sold this debt for a reason

the SAR will be VERY revealing.

 

so to this point in time

you've NOT got ALL the statements for ALL the loans ever had

and

you've NOT got copies of the agreements?

 

if you have aNY paperwork like the above

 

then please scan them up.

 

please use the instructions below

and NOT an external hosting site:

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

i'l do you some spreadsheets once I have all the info

 

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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  • 1 year later...

Just a quick update as been off the net for some time after sending a letter to the solicitors regarding the SD they pass the account back and I've not heard anything since :lol:

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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well done

 

 

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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  • 5 months later...

HI guys update time again. Received a letter from BW Legal again few days ago. Stating they have spoken with there client and decided to with draw the statutory demand and now proceed through the county court.

 

I had the stat demand set aside back in 2013 so not sure what the mean by with drawing it. Also i think there pushing not to try and get a CCJ due to it becoming status barred in little under four months time,

 

Any Thoughts

 

Miky-J

:whoo:Stock Car Racing Is Not A Hobby. Stock Car Racing Is A Way Of Life:whoo:

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