Help with Welcome Finance

[beyondhope]

Notice of defence and allocation questionnaire received today

[beyondhope]

Not welcome related but had the most random call on my mobile today asking for hubby from C.A.G Personal Finance ive no idea who they are and cant find them on the net at all so im assuming its a [problem] of some sort as 1. why ring MY mobile for hubby, he has his own tyvm! and 2. who are they?! very strange!

 

 

They have rung again, they are a PPi reclaim company hope they not doing it off the back of the CAG name!!!!

[wannabedebtfreesoon]

Notice of defence and allocation questionnaire received today

Ok then, time to set to work ;-) How long have you got to get your aq in??

[beyondhope]

Ok then, time to set to work ;-) How long have you got to get your aq in??

 

12th im gonna sort all my cut n paste bits tonight into some form of legible order lol ive got that email i sent you with the relevant bits per paragraph of the defence as well so skeleton does have some bones already

i just had a quick read through of aq looks fairly straight forward! i dont want it settled now because they have not given me a straight answer up until now so i dont feel a 30 days stay will make any difference! as for the extra comments i feel i should put something there really to get my £200 worth

[wannabedebtfreesoon]

12th im gonna sort all my cut n paste bits tonight into some form of legible order lol ive got that email i sent you with the relevant bits per paragraph of the defence as well so skeleton does have some bones already

i just had a quick read through of aq looks fairly straight forward! i dont want it settled now because they have not given me a straight answer up until now so i dont feel a 30 days stay will make any difference! as for the extra comments i feel i should put something there really to get my £200 worth

Oh absolutely!! I filled mine with why they shouldn't be granted a stay and attached their last bog off letter Needless to say they didn't get the stay It is fairly straightforward, just let me know if you need anything x

[beyondhope]

Oh absolutely!! I filled mine with why they shouldn't be granted a stay and attached their last bog off letter Needless to say they didn't get the stay It is fairly straightforward, just let me know if you need anything x

 

Blah lol and no they shouldnt get one whats that going to achieve anyway, nothing just hang out the inevitable! I cant believe it flipping costs so much though! but does that cover the hearing etc as well or are there more fees to come? i have tried looking but cant find anything!

[beyondhope]

Oh absolutely!! I filled mine with why they shouldn't be granted a stay and attached their last bog off letter Needless to say they didn't get the stay It is fairly straightforward, just let me know if you need anything x

 

Oh and you have email lolxx

[wannabedebtfreesoon]

Blah lol and no they shouldnt get one whats that going to achieve anyway, nothing just hang out the inevitable! I cant believe it flipping costs so much though! but does that cover the hearing etc as well or are there more fees to come? i have tried looking but cant find anything!

Unfortunately there are another £600 in fees yet to come £500 for hearing fee and £100 for filing a pre-trial checklist

[beyondhope]

Unfortunately there are another £600 in fees yet to come £500 for hearing fee and £100 for filing a pre-trial checklist

 

Sorry Ive just picked myself up off the floor for the hearing fee In all seriousness though I didnt honestly think it would stop there

 

Ok mission hang them out to dry starts here all input most welcome

[beyondhope]

is there a difference between 'required' terms and 'prescribed' terms.....my understanding is they are one and the same.....suggestions welcomed

[rcl]

Sorry Ive just picked myself up off the floor for the hearing fee In all seriousness though I didnt honestly think it would stop there

 

Ok mission hang them out to dry starts here all input most welcome

 

 

think of it as a savings fund ! you will get a better return on your money than anywhere else !

[wannabedebtfreesoon]

is there a difference between 'required' terms and 'prescribed' terms.....my understanding is they are one and the same.....suggestions welcomed

I would think the term "required" would mean must be present and "prescribed" as in a pre-written format. Purely going on the English Language

 

If something is described as 'required' it kind of intimates that there is some necessity!

 

e.g. The car requires petrol, no good filling it with diesel it won't work!

 

I require sleep now!! :grin:

[beyondhope]

think of it as a savings fund ! you will get a better return on your money than anywhere else !

 

 

Too true!!!

[beyondhope]

I would think the term "required" would mean must be present and "prescribed" as in a pre-written format. Purely going on the English Language

 

If something is described as 'required' it kind of intimates that there is some necessity!

 

e.g. The car requires petrol, no good filling it with diesel it won't work!

 

I require sleep now!! :grin:

 

 

Thanks hun basically should be on there whichever way you look at it

[beyondhope]

Nothing happening here AQ needs to be in by 12th....

[beyondhope]

scrap that just received default notice dated 2nd August....same old thing...covering letter states served under 87(1) pay in full 'within 14 days' we intend to excerise our right to enforce collection unless you clear the arrears. you will also be liable for legal expenses incurred.

we strongly urge you to telephone the undersigned immediately with your intentions. (no signature)

 

figures on the default notice are:

 

total amount payable under the agreement £15,552

total amount that you have paid by the date of the giving of this notice £930.00

 

outstanding balance £11,668.11

rebate of acceptance fee and credit charges £143.51

rebate of insurance £0

rebate of interest £5064.36

total amount to be paid £6460.24

[wannabedebtfreesoon]

WTF??

What about the arrears?? What does it say for the arrears??

Is it EXACTLY the same as the one you had before??

[beyondhope]

WTF??

What about the arrears?? What does it say for the arrears??

Is it EXACTLY the same as the one you had before??

 

 

Its exactly totally different the previous one said:

 

total amount payable: £15552

 

arrears:£236.40

outstanding balance: £14328.83

less rebate allowable in future installments:£

less insurance rebate: £

Total amount to be paid: £

 

 

 

no I havent mistyped they were blank! its a different format too than the one from local office!

[wannabedebtfreesoon]

This is an excerpt from my original LBA Strangely, I never heard another peep about it, but then I took them to court so it was kind of irrelevant anyway!

 

"On the 11th February 2010 I received a Default Notice with regard this agreement, I am bemused at how Welcome Finance can attempt to issue a Default on a terminated agreement?? Having repossessed the vehicle there can be no doubt that the agreement is terminated. It is also extremely unclear why there was the need for a 2nd default notice considering that you had ‘allegedly’ already defaulted the account on the 16th July 2009.

According to the termination notice the account was terminated on the 4th August 2009, however the 2nd Default notice includes arrears after this date. It appears you are suggesting an obligation persists, post termination, by which I am bound to make instalment payments and that if payment of those arrears is made an obligation to make future instalment payments would endure. As I am sure you are aware, the obligation to make instalment payments was enduring during the currency of the agreement not post termination. The 2nd Default, were it valid, would be defective anyway for overstating the sums due, i.e. You cannot state as an amount due for ‘arrears’ of instalments that which you said was no longer due and payable by instalments as a consequence of the termination on the 4th August 2009."

[beyondhope]

This is an excerpt from my original LBA Strangely, I never heard another peep about it, but then I took them to court so it was kind of irrelevant anyway!

 

"On the 11th February 2010 I received a Default Notice with regard this agreement, I am bemused at how Welcome Finance can attempt to issue a Default on a terminated agreement?? Having repossessed the vehicle there can be no doubt that the agreement is terminated. It is also extremely unclear why there was the need for a 2nd default notice considering that you had ‘allegedly’ already defaulted the account on the 16th July 2009.

According to the termination notice the account was terminated on the 4th August 2009, however the 2nd Default notice includes arrears after this date. It appears you are suggesting an obligation persists, post termination, by which I am bound to make instalment payments and that if payment of those arrears is made an obligation to make future instalment payments would endure. As I am sure you are aware, the obligation to make instalment payments was enduring during the currency of the agreement not post termination. The 2nd Default, were it valid, would be defective anyway for overstating the sums due, i.e. You cannot state as an amount due for ‘arrears’ of instalments that which you said was no longer due and payable by instalments as a consequence of the termination on the 4th August 2009."

 

 

Very interesting indeed.....appears they may start giving me some bullets to shoot them with after all as im sure come hearing time this will be very relevant

[wannabedebtfreesoon]

Very interesting indeed.....appears they may start giving me some bullets to shoot them with after all as im sure come hearing time this will be very relevant

Well it is what they do best

[beyondhope]

Ill scan the default received today and post it up tomorrow as it has a slightly different format to the previous one......maybe as its post termination and post repo

[beyondhope]

Well it is what they do best

 

 

About time they shared some with me instead of sending them all your way, no doubt you are tired of catching these bullets now

[wannabedebtfreesoon]

About time they shared some with me instead of sending them all your way, no doubt you are tired of catching these bullets now

I've gathered them all up and made them into the biggest, son of a gun bullet you have ever seen!!

 

I'm so mad now you wouldn't believe!!

 

The last bullet they gave me was the last one I needed Ever heard the term "dog with a bone"??

First thing Tuesday I'm filing an N244 for compliance. I know damn well they can't bloody comply because they've listed a non existent document!!

 

The last unless order the court sent them said their defence would stand struck out AND there would be judgement for the claimant including costs

 

Here's hoping the court is gonna get sick of sending out unless orders to them!

[beyondhope]

I've gathered them all up and made them into the biggest, son of a gun bullet you have ever seen!!

 

I'm so mad now you wouldn't believe!!

 

The last bullet they gave me was the last one I needed Ever heard the term "dog with a bone"??

First thing Tuesday I'm filing an N244 for compliance. I know damn well they can't bloody comply because they've listed a non existent document!!

 

The last unless order the court sent them said their defence would stand struck out AND there would be judgement for the claimant including costs

 

Here's hoping the court is gonna get sick of sending out unless orders to them!

 

 

Firstly oooo CAG changed overnight!!!!

Secondly....go for it!!