Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **

[dadofholly]

Hi DofH, does that also apply to the witness statements submitted by legal managers of car finance companies?

 

Is this in documents submitted to a court?

 

If not no - but if they are misrepresenting the facts - depending on the circumstances - it can be anything from a cock up to fraud.

Edited March 13, 2012 by dadofholly

[iconoclash]

Hi and thanks - this is the documents submitted to court but that case has been thrown out by the judge now - just keeping an eye on things for the next round, which I suspect is coming soon:-)

[wannabedebtfreesoon]

After all these years spent fighting against them I'm phased very little by their tricks and games, in fact I expect nothing less from them. This last effort is especially despicable though, let's hope it doesn't end up backfiring on them eh??

 

Backfired!

 

Not long now folks and this whole crazy story will be all over

[silverfox1961]

Backfired!

 

Not long now folks and this whole crazy story will be all over

 

Are you going to keep us in suspenders until 'it's all over'?

[andie_303]

Hi wbdf

 

I used to be a regular on CAG but in starting a new business didn't really have enough time and had to give up my CAG addiction I remember this case when it first started and boy oh boy do you have the patience of a saint.

 

Firstly I just wanted to say congratulations it been a hard won fight and thankfully you stuck to your guns.

 

I can't say to much in open forum however you are not the first person to deal with the delightful Mr P and his squirmy answers in court nor is this the first time he has had to answers questions on this subject in court.

 

I cannot say more than that (which I think speaks for itself) but I had a very ill baby at the time all of my welcome dramas occured and therefore could not pursue it as I wOuld have liked - the opportunity to be made whole and not have to spend years on it was just too much to turn down.

 

But the biggest WHOOP WHOOP to you

[wannabedebtfreesoon]

Are you going to keep us in suspenders until 'it's all over'?

Well I don't suppose there's any real reason now why I can't say...

 

The trial window is set for 7th May to 24th May and there will be an interlocutory hearing next week to decide one or two outstanding issues

 

We received directions back in Feb with regard to the final hearing, a DJ had reviewed the case and decided that all that was required to go forward with was a very brief general round up of the issues and listing questionnaires; no court bundles or further evidence or any of that nonsense. The other side dragged their heels, failed to co-operate and ended up being late filing. When I did eventually receive their LQ I noticed that they had ticked the box for additional directions required and applications attached, but they hadn't attached anything to the copy they sent me!

 

Anyway, it then transpired that they had made an application to court to get the case transferred to Mercantile court and allocated to Mulit-track. I believe that they had deliberately tried to sneak this past me, and they didn't exactly fall over themselves to deny it shall we say! It appears they were attempting to get the case heard by a different High Court judge and had included as their supporting 'evidence' that the outstanding issues to be decided were those of agency relationships and fiduciary relationships. No bloody wonder they wanted to sneak it past me! The issues of agency relationships and fiduciary relationships had already been dealt with at the appeal and the only remaining issue left to decide on is Unfair Relationship; as was decided at the case management conference back in September last year

 

Generally speaking, (in my opinion), they have never been able to stomach the fact that they lost at High Court to an LiP and effectually tried to get a second High Court Judge to overturn the judgment!

 

Back to today....directions received from court. Application for transfer to Mercantile Court dismissed without a hearing, (they had requested a hearing to decide whether the case should be transferred). The case management is to remain with County Court

 

There's so much more to the story, I could literally go on for ages!

I made an application of my own not so long ago, a Part 18 request to clarify the exact details of the payment and receipt of secret commission. They failed to reply and so I had to apply to the court to enforce compliance. They then sent me some cobbled together nonsense which made no sense at all and labelled it a response! I told them it was limited, unsatisfactory and contradictory but they just ignored me. The court have also today decided that my application to enforce compliance under part 18 should be heard

 

I have no reason not to attend, as far as I'm concerned they haven't fully complied with my request and I am quite content to let a judge decide what needs to be disclosed and what doesn't

[wannabedebtfreesoon]

Hi wbdf

 

I used to be a regular on CAG but in starting a new business didn't really have enough time and had to give up my CAG addiction I remember this case when it first started and boy oh boy do you have the patience of a saint.

 

Firstly I just wanted to say congratulations it been a hard won fight and thankfully you stuck to your guns.

 

I can't say to much in open forum however you are not the first person to deal with the delightful Mr P and his squirmy answers in court nor is this the first time he has had to answers questions on this subject in court.

 

I cannot say more than that (which I think speaks for itself) but I had a very ill baby at the time all of my welcome dramas occured and therefore could not pursue it as I wOuld have liked - the opportunity to be made whole and not have to spend years on it was just too much to turn down.

 

But the biggest WHOOP WHOOP to you

Andie it's so good to hear from you, you were always an inspiration to us I honestly don't blame you at all for settling, I can tell you that this case has damn near killed me at times! It has engulfed my life for the last 2 and a half years and deprived me of times I can never get back.

 

The ironic thing is that I would've been happy to walk away after the appeal, I considered that my victory and I needed nothing else, but the other side were too contemptuous to agree. Well that was a one time offer and they threw it back in my face, they know they are wrong, they know they broke the law, they know they still have so much to hide but still they refuse to show remorse or an ounce of decency or integrity.

It's mainly their arrogance that spurs me to go on, he still deliberately addresses me in lower case letters just to show his disdain for me! Needless to say I return the courtesy Today he asked me to withdraw my Part 18 app. but after he addressed me in lower case I felt ill-inclined to assist him!

 

What the Hell I've come this far I might as well see it through to the end

 

As for Mr P, I haven't heard hide nor hair of him since the trial! He didn't even show up for the appeal! I'm fairly sure I've got the measure of him; another keyboard warrior that has plenty to say on paper...

Oh well, 2 more hearings to go and I can put this behind me, although I will always be on hand to assist anybody that finds themselves in a similar situation and I suspect that is welcome's biggest worry.....

[andie_303]

That is ABSOLUTELY their worry and something that I can't do - that was one of the main reasons for removing myself from CAG for so long as I couldn't bear to see things that I would like to advise or respond too but am not allowed .

 

But at the end of the day I was right and its been 2.5 years since I've been welcome free there's absolutely no trace of them for me and my sons hospital got a nice donation out of it so good can come from crap x

[wannabedebtfreesoon]

That is ABSOLUTELY their worry and something that I can't do - that was one of the main reasons for removing myself from CAG for so long as I couldn't bear to see things that I would like to advise or respond too but am not allowed .

 

But at the end of the day I was right and its been 2.5 years since I've been welcome free there's absolutely no trace of them for me and my sons hospital got a nice donation out of it so good can come from crap x

I'm so genuinely pleased for you x

You did what was right for you and your family and we mustn't forget that that is more important than anything else. Being welcome free is only something I can dream of at the mo!

I honestly believe you have helped a lot more people than you think, when welcome offered what they did to you it was clearly because you were on to something that they didn't want made public, in my book that's a win! Just shows that if you make a stand against their dodgy antics you can succeed, you just need to be a bit brave

[dadofholly]

Hi Andie - and great to see you here again.

 

I learnt something recentley after being in court myself concerning so called confidentiality clauses. (Comes under the Human rights Act - and was mentioned by the judge in the case).

 

Can i just ask you if your case reached court - or was settled out of court?

[dadofholly]

Wannabe - sounds like you may have heard something

 

Hope all is still going well - and very much look forward to hearing the final result.

[sandman131]

looking forward to hear final result of this,as i also have commission complaint with them.good luck

[pickaname]

Hope all goes well this week wannabe. This whole sorry story will soon be totally over.

[wannabedebtfreesoon]

looking forward to hear final result of this,as i also have commission complaint with them.good luck

Now therein lies the problem - for them that is! I strongly suspect they have only taken this case so far to try and make an example of me to anybody else wanting to make a commission claim. I bet they're regretting that decision right now, if only they picked on someone less stubborn eh??!

Not long now....

[wannabedebtfreesoon]

Hope all goes well this week wannabe. This whole sorry story will soon be totally over.

Hello! I think this weeks antics have been delayed a little, I spoke to court this morning and they have said an order is currently being raised and I should soon receive notification of directions on what the judge has decided to do with it.

If you remember the other side failed to co-operate with me when we were to file our case summaries, schedules of issues and LQs and so I filed my own without them. They eventually got round to filing their own stuff, late as usual, and it turned out to be different to what I had put forward. The court will now have decided which proposal to go with or whether to make an order of its own initiative, I've just got to wait a few more days for it to be written up and sent out.

 

Also we had a little hearing a couple of weeks back to hear my application on my Part 18 request, turns out their response was inadequate as their legal team had failed to sign it or verify it with a statement of truth as is outlined in Part 18 subsections 2.1 & 3. The judge had no option then but to make an order against them

 

I don't know what he was more bothered about - the fact that I had said it or the fact that I knew it!

[dadofholly]

Hello! I think this weeks antics have been delayed a little, I spoke to court this morning and they have said an order is currently being raised and I should soon receive notification of directions on what the judge has decided to do with it.

If you remember the other side failed to co-operate with me when we were to file our case summaries, schedules of issues and LQs and so I filed my own without them. They eventually got round to filing their own stuff, late as usual, and it turned out to be different to what I had put forward. The court will now have decided which proposal to go with or whether to make an order of its own initiative, I've just got to wait a few more days for it to be written up and sent out.

 

Also we had a little hearing a couple of weeks back to hear my application on my Part 18 request, turns out their response was inadequate as their legal team had failed to sign it or verify it with a statement of truth as is outlined in Part 18 subsections 2.1 & 3. The judge had no option then but to make an order against them

 

I don't know what he was more bothered about - the fact that I had said it or the fact that I knew it!

 

love it

[Leakie]

Go Wanabe Go

I will miss this thread when its finished

Thinking of you

 

Leakie

[gerson]

Hi wbdf,

 

You go get them girl

 

G

[wannabedebtfreesoon]

Don't panic, this thread looks set to continue for a little while longer yet

 

Does anybody know where my mate dbabylon went?? Looks like all his previous posts have been removed and any further input is not welcome-d....

Hmmm.... bye then, I'll miss our little chats

 

Anyway back to the order of the day; which came in the post from court this morning

 

It is ordered that we attend a CMC on 29th May, time estimate 30 mins.

I think the last trial window has gone out the window!

 

I'm so pleased

 

Another CMC, the last one was so much fun I can't wait to go back and do exactly the same thing all over again! Doh...hang on a minute... isn't that called wasting the court's time???! If only welcome could stick to one story, eh?

It was already decided at the last CMC way back in September that the issues to form the basis of the rehearing are whether the defendant paid a secret commission and whether the relationship was unfair. But then the defendant submitted a completely different set of issues to the court in February that haven't been agreed by anybody at all and contradict what was decided before! Why am I not surprised??

Looking forward to this one

 

The best thing is that with a little time extension the other side have got plenty of time to respond to my 2nd Part 18 request and I'll have enough time to ensure they do

 

It shouldn't take them too long to reply really, they only have to tell me which of their 2 latest versions of events is the truth and which one is the lie..

I'll be damned if I'm going to fall for that old trick again Their written defence denied all knowledge of any commission but then come the trial day they decide to act as if they hadn't even written that defence! The "new" defence was full of all sorts of different numbers and percentages that they've never mentioned before, never mind they had no evidence or that it contradicted the evidence already present

No chance this time...they are going to tell me exactly what they will be relying on at trial and I am going to hold them to that like you wouldn't believe!!

The filthy, dirty, underhand lawyer tricks are not going to wash with me any more.

 

Let's hope they have realised that their lies are causing them more trouble than it's worth and they just decide to be honest and tell the truth this time

[dadofholly]

Has this not technicaly gone to trial once already - and they still keep changing their version?

 

Maybe time to look at a possible strike out application - as they are clearly wasting the Courts, and your time, and are clerly clutching at straws by continuing to try something that works - rather than provide a true reflection of events.

Edited May 12, 2012 by dadofholly

[dadofholly]

I know a good Barrister who has the measure of Welcome and was going to call Palmer as a witness, in a case i know of very well - but the opposition discontinued and paid nealry £2K of costs rather than allow him to be called.

 

Also have evidence of what you can descirbe as a conspiracey to pervert the course of justice, files being drawn up, OFT informed and interested and Police next in line.

 

The Barrister may well work on a CFA basis.

 

Would report your case to the Office of Fair Trading - have contact details if you would like them.

 

Oh and if there brief is stating evidence that he knows cannot be true - report him to the SRA.

[wannabedebtfreesoon]

Wow, there's a lot to think about!

Sometimes I genuinely don't know what to do for the best, all I ever wanted was to see was some justice.

As much as they deserve a strike out I can't help but feel it would be exactly what they are hoping for; a quick exit with no judgment and no blame and no answers. I think after everything they've put me through I owe it to myself at least to see it through to the end.

[dadofholly]

Good Point - besides a judgement against them would be nice

[DES_1001]

Please don't give up by letting them have a strike out! I've watched you thread from the start and think you are a true "warrior of justice" you have do so so well, you've got my full respect!

[geoffthechef]

You go after them girl....never again will you fell this empowered.Its a long hard road but you get there in the end..I had litigation in the queens bench that took 9 years to complete..i won out of court for what i wanted.Good luck and remember you are right....