Help with Welcome Finance

[beyondhope]

They tried this with me, it seems this is their latest tactic to try to wriggle out of things

 

 

Lets hope the judge is as good on mine as they were on yours then im actually really cross i wasnt sent the paperwork how can I fight something I dont know about. Sounds like the judge has already decided anyway given its only a 5min hearing

[wannabedebtfreesoon]

Shame the court isnt there

You know, I kinda fancy a holiday....I hear Wales is nice this time of year

[wannabedebtfreesoon]

Lets hope the judge is as good on mine as they were on yours then im actually really cross i wasnt sent the paperwork how can I fight something I dont know about. Sounds like the judge has already decided anyway given its only a 5min hearing

Not necessarily, the thing about strike out hearings is that you can't talk. It's all based on the written evidence, I think..

[beyondhope]

ok im guessing as im getting the strike out application so late my response will be whats given to the judge on the day, is there a form to 'respond' to a strike out?

 

as for wales being nice this time of year its lovely today really warm lol wednesday - friday are always good days

[beyondhope]

Not necessarily, the thing about strike out hearings is that you can't talk. It's all based on the written evidence, I think..

 

 

oooo im off to get one of my luxurious children, do my nans shopping and then the court ...im gonna have to try and research the old strike out hearing now if you find anything please email me

ill be back teatime damn silly people im out tonight to watch SATC2 :mad:

[beyondhope]

Well well well......

It will get struck out on Friday it would appear

Their reasons:

 

The claimants claim has been issued by a Litigtion Friend, who has not been appointed by the court, has not made an application to the court, and has not sought the court's permission to act on the claimants behalf.

 

requested without a hearing based on statement of case....

 

statement of case refers to:

cpr 21.4 para 6.1

cpr 21.1 (2)

s140 of Court of Protection Rules 2007

cpr 21.5

cpr 21.6

 

'The defendant will therefore say that the Third Party should be prohibited from acting as Litigation Friend in these proceedings, as she has satisfied none of the criteria which would entitle her to act in this manner, has satisfied none of the requirements contained within the CPR which would permit her to act in this manner, has not sought the courts prmission, has not sought an order from the court, has not been appointed by the court and has not demonstrated that she fulfills all the criteria contaned within CPR Rule 21.4'

 

'The defendant will also say that the Third Party should be prohibited from acting as Litigation Friend in these proceedings, as she has failed to demonstrate that the claimant fulfils the conditions contained within CPR rule 21.4 paragraph 6 of the court protection rules 2007 (ststutory instrument 2007 No.1744 (L.12), or the Mental Capacity Act 2005.'

 

'In view of the above, the defendant will further say that the POC have been drafted by a third party to whom the defendant owes no Contractual or Tortious liability, and who possesses no cause of action against the defendant.'

 

 

'The defendant will therefore request that the Claimants Claim be struck out by the Court, on the grounds that it was not issued by the claimant, but by a Third Party to whom the Defendant owes no Contractual or Torious liability, and who possesses no cause of action against the defendant.'

 

'The defendant will further seek an order for the costs of these proceedings be borne by the Claimant and/or the Third Party as appropriate.

[beyondhope]

ive also just noticed that is dated 10th may why the hell havent i had it before

[beyondhope]

I should have been a mckenzie friend not a litigation friend ah well we live and learn.....

 

the defendant may have won the battle but the war is yet to come.....

[wannabedebtfreesoon]

WTF???!!! What the hell grounds have they got to make that allegation???

[beyondhope]

WTF???!!! What the hell grounds have they got to make that allegation???

 

As he isnt mentally incapable or a minor then i cannot apply to be litigation friend i can however be a lay representative or mckenzie friend... they have based this on the fact i signed the n1 as litigation friend rather than him signing and me lay representing

[beyondhope]

http://www.consumeractiongroup.co.uk/forum/legalities/261549-strike-out-claim.html#post2951292

 

this looks to be the plan of attack for now...

[beyondhope]

This has so annoyed me today more so because I cant believe I could be so slack as to miss this ah well live and learn

[beyondhope]

Does anyone know if you can communicate with the judge in writing before a hearing??

[beyondhope]

are these applicable??

 

Evidence for the purposes of a summary judgment hearing

 

24.5

 

(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

(a) file the written evidence; and

 

(b) serve copies on every other party to the application,

 

at least 7 days before the summary judgment hearing.

 

(2) If the applicant wishes to rely on written evidence in reply, he must –

(a) file the written evidence; and

 

(b) serve a copy on the respondent,

 

at least 3 days before the summary judgment hearing.

 

Court’s powers when it determines a summary judgment application

 

24.6

 

When the court determines a summary judgment application it may –

(a) give directions as to the filing and service of a defence;

 

(b) give further directions about the management of the case.

 

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

 

 

given that they have requested summary judgement due to no chance of success due to being signed as LF instead of lay representative....

 

I cant find anything on responding to a strike out application! I cant find anything on putting in written evidence prior to hearing and im running out of time :(

[beyondhope]

according to that I could have responded IF id had it in time as it needs to be done at least 7 days before!

[beyondhope]

back to the same question again is it possible to hand something in beforehand or just rely on the grovelling on the day?

[celtickid]

Hi all,

I too am having problems with Welcome Finance and I hope someone can give me some good advice.

 

Due to a lack of funds coming into our household a year ago, we previously missed a monthly payment to WFS. But because after that monthly payments were made on time, they never actively chased this missing payment.

Now we have missed another payment in May and look like we will not be able to pay June. I explained our situation and that hopefully it will have changed by the beginning of June and we will then look to get the account up to dateat the end of June but they have said this is not acceptable due to previous arrears.

 

They instead have informed me that if I do not pay all arrears within 14 days that the car will be inspected (valued) and then collected to be sold at auction and if that does not pay off the balance of the loan then we will still have that to pay the difference.

 

A member of WFS staff has even knocked at my door twice to see if I can make a payment. Does this amount to harrassment??

 

Also, on Friday when the above was explained to me I asked for everything in writing and any copies of my agreements that they have on file. They told me I would have to send £1 cheque or postal order to be able to have my paperwork sent to me and that I would have to SPECIFICALLY ask for what I wanted.

 

We have paid over 1/3 of the total amount payable but have not quite paid 1/2. My understanding is that if we have paid more than 1/3 they can not just collect the vehicle, it would have to go to court. Is this correct?

 

My husband and I are at our wits end. We want to keep the vehicle and hope to be able to pay the £500 arrears by the end of June. But they are not prepared to wait and have said that a termination of contract is the only option. Is this correct?

 

Please let me have your advice.

[beyondhope]

Hi all,

I too am having problems with Welcome Finance and I hope someone can give me some good advice.

 

Due to a lack of funds coming into our household a year ago, we previously missed a monthly payment to WFS. But because after that monthly payments were made on time, they never actively chased this missing payment.

Now we have missed another payment in May and look like we will not be able to pay June. I explained our situation and that hopefully it will have changed by the beginning of June and we will then look to get the account up to dateat the end of June but they have said this is not acceptable due to previous arrears.

 

They instead have informed me that if I do not pay all arrears within 14 days that the car will be inspected (valued) and then collected to be sold at auction and if that does not pay off the balance of the loan then we will still have that to pay the difference.

 

A member of WFS staff has even knocked at my door twice to see if I can make a payment. Does this amount to harrassment??

 

Also, on Friday when the above was explained to me I asked for everything in writing and any copies of my agreements that they have on file. They told me I would have to send £1 cheque or postal order to be able to have my paperwork sent to me and that I would have to SPECIFICALLY ask for what I wanted.

 

We have paid over 1/3 of the total amount payable but have not quite paid 1/2. My understanding is that if we have paid more than 1/3 they can not just collect the vehicle, it would have to go to court. Is this correct?

 

My husband and I are at our wits end. We want to keep the vehicle and hope to be able to pay the £500 arrears by the end of June. But they are not prepared to wait and have said that a termination of contract is the only option. Is this correct?

 

Please let me have your advice.

 

 

Hi celtickid make your own thread by clicking here scrolling just below the notices to the new thread button and copy and pasting what you have put here there so more people will see it and be able to help you otherwise your questions will get lost in this thread

[celtickid]

Thanks,

Have started new thread.

[beyondhope]

Hi all,

I too am having problems with Welcome Finance and I hope someone can give me some good advice.

 

Due to a lack of funds coming into our household a year ago, we previously missed a monthly payment to WFS. But because after that monthly payments were made on time, they never actively chased this missing payment.

Now we have missed another payment in May and look like we will not be able to pay June. I explained our situation and that hopefully it will have changed by the beginning of June and we will then look to get the account up to dateat the end of June but they have said this is not acceptable due to previous arrears.

 

They instead have informed me that if I do not pay all arrears within 14 days that the car will be inspected (valued) and then collected to be sold at auction and if that does not pay off the balance of the loan then we will still have that to pay the difference.

 

A member of WFS staff has even knocked at my door twice to see if I can make a payment. Does this amount to harrassment??

 

Also, on Friday when the above was explained to me I asked for everything in writing and any copies of my agreements that they have on file. They told me I would have to send £1 cheque or postal order to be able to have my paperwork sent to me and that I would have to SPECIFICALLY ask for what I wanted.

 

We have paid over 1/3 of the total amount payable but have not quite paid 1/2. My understanding is that if we have paid more than 1/3 they can not just collect the vehicle, it would have to go to court. Is this correct?

 

My husband and I are at our wits end. We want to keep the vehicle and hope to be able to pay the £500 arrears by the end of June. But they are not prepared to wait and have said that a termination of contract is the only option. Is this correct?

 

Please let me have your advice.

 

brief answer until you do your own thread...

 

if you have paid over 1/3 they 'should' get a court order first although they seem to be ignoring this process lately

 

send the no phone call no doorstep collection letter from the templates library to stop the ringing and calling to your house.

 

the £1 fee they are talking about is for a cca request (also in templates) this would get you a copy of your agreement and a current statement, if you want to look deeper into what they have been doing with your account you need to do a sar which costs £10 letters for these are again in templates the cca request should be returned within 14days and the sar within 40days.

 

hope that helps a little

[wannabedebtfreesoon]

back to the same question again is it possible to hand something in beforehand or just rely on the grovelling on the day?

I think it may be worth your hubby drafting up a witness statement in response and runnng it over to the court first thing tuesday. If anybody mentions anything about timescales then say that it would've been in sooner had you received a copy at the time it was filed

 

I think you've got up to 3 days before the hearing to respond so it may be ok

[beyondhope]

I think it may be worth your hubby drafting up a witness statement in response and runnng it over to the court first thing tuesday. If anybody mentions anything about timescales then say that it would've been in sooner had you received a copy at the time it was filed

 

I think you've got up to 3 days before the hearing to respond so it may be ok

 

 

Thanks hun is there any template for a WS? also does it need a fee remission form?

[beyondhope]

How to Prepare a Witness Statement - About Small Claims (UK) found this lol so thats one thing out the way, if you arent busy later any chance of reading over what i manage to throw together?

[wannabedebtfreesoon]

Thanks hun is there any template for a WS? also does it need a fee remission form?

It takes more or less the same form as the poc, only you write it in the first person, i.e. I feel this etc..

 

It's basically a story, your side of it. I don't think there's a fee involved cos it's a reply to their application, just like they don't pay to reply to your application.

 

I'm going out for dinner tonight but send it on over anyway and I'll have a nose when I get home or in the morning. It's bank holiday tomorrow anyway so you've got an extra day

[beyondhope]

It takes more or less the same form as the poc, only you write it in the first person, i.e. I feel this etc..

 

It's basically a story, your side of it. I don't think there's a fee involved cos it's a reply to their application, just like they don't pay to reply to your application.

 

I'm going out for dinner tonight but send it on over anyway and I'll have a nose when I get home or in the morning. It's bank holiday tomorrow anyway so you've got an extra day

 

Ok hun thanks tons ill send it over in a bit have a nice dinner im at a bbq for most of tomo so i need to get it done tonight to get it in tues morn :eek: x

 

I dont need to include anything thats already in the poc though do I? its purely just a response to their application??