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

[beyondhope]

Yep! 26th August to 1st September inclusive. So he'll come into work Monday morning and have Mon, Tue and Wed to do something before he's off. Best bit is he'll be back Thursday 2nd September and only have THAT day to prepare and send to the court any evidence he wishes to rely on at the SJ hearing. To date they have sent diddly squat in response to the SJ application. In fact the only things I have received from them in response to this entire claim are:

 

• Crappy defence/admission
  
• Completed AQ (late, after court served an unless order)
  
• Standard Disclosure by list containing reference to a non-existent doc
  

and that's it!!

 

Ooo they have to get 'properly completed' AQ in by 25th for mine

I wouldnt hold your breath of much joy in receiving anything, thats not nearly enough time to manufacture a missing document

Ive had letter chasing their costs they were awarded at first hearing, I responded, they ignored, crappy defence, we are half way to unless order for AQ running out.... its like a mini carbon copy of yours haha

[wannabedebtfreesoon]

Ooo they have to get 'properly completed' AQ in by 25th for mine

I wouldnt hold your breath of much joy in receiving anything, thats not nearly enough time to manufacture a missing document

Ive had letter chasing their costs they were awarded at first hearing, I responded, they ignored, crappy defence, we are half way to unless order for AQ running out.... its like a mini carbon copy of yours haha

Yh but they've had 3 weeks to 'manufacture' already!! Well now they can ignore me until their heart's content but it's not going to achieve anything except a judgement, I can see it now, "Upon hearing the Claimant in person and the defendant not attending....." I think we should rename him Mr O for 'Ostrich'!

[beyondhope]

Yh but they've had 3 weeks to 'manufacture' already!! Well now they can ignore me until their heart's content but it's not going to achieve anything except a judgement, I can see it now, "Upon hearing the Claimant in person and the defendant not attending....." I think we should rename him Mr O for 'Ostrich'!

 

:lol: :lol:

[wannabedebtfreesoon]

It's just shameful really, they are supposed to be professionals! I'm just a nobody and I've been able to walk all over them, it's about time the bullies became the bullied. There's Karma for you

[beyondhope]

It's just shameful really, they are supposed to be professionals! I'm just a nobody and I've been able to walk all over them, it's about time the bullies became the bullied. There's Karma for you

 

 

And karma is a *itch!!

[wannabedebtfreesoon]

I'm quite pleased at this latest development cos now my application for the unless order has become part of the SJ hearing so that means it will be open to discussion on the day. Of all the applications that could've been up for discussion I'm so glad it's this one! This is the one that includes disclosure of a non-existent document so hopefully I'll get to put the "false disclosure statement" argument to the Judge

[beyondhope]

I'm quite pleased at this latest development cos now my application for the unless order has become part of the SJ hearing so that means it will be open to discussion on the day. Of all the applications that could've been up for discussion I'm so glad it's this one! This is the one that includes disclosure of a non-existent document so hopefully I'll get to put the "false disclosure statement" argument to the Judge

 

Thats certainly not going to go in their favour!

[wannabedebtfreesoon]

I'm concerned that Mr P may have fallen asleep. I think it's time I poked him a little whilst at the same time scuppering any plans they may have for not attending the hearing and then applying for a set aside.

 

I know it's a lot of speculation and presumption but I just want to cover all bases. I'm going to send them copies of the Notice of Hearing of Application for Summary Judgement and the Unless Order just in case they want to claim at a later date that they didn't receive the paperwork, say for a set aside application maybe???

 

The notice of SJ hearing was sent out on the 29th June and I still haven't heard a peep about it from them. I think it's only fair that I remind them they are due in court in 19 days, should they have forgotten...

[beyondhope]

I'm concerned that Mr P may have fallen asleep. I think it's time I poked him a little whilst at the same time scuppering any plans they may have for not attending the hearing and then applying for a set aside.

 

I know it's a lot of speculation and presumption but I just want to cover all bases. I'm going to send them copies of the Notice of Hearing of Application for Summary Judgement and the Unless Order just in case they want to claim at a later date that they didn't receive the paperwork, say for a set aside application maybe???

 

The notice of SJ hearing was sent out on the 29th June and I still haven't heard a peep about it from them. I think it's only fair that I remind them they are due in court in 19 days, should they have forgotten...

 

 

Sounds like a plan to me as you say there is then no excuse, especially with Mr P due his holidays!

[wannabedebtfreesoon]

Sounds like a plan to me as you say there is then no excuse, especially with Mr P due his holidays!

Well exactly, the silence is just doing me in! You know they're a bunch of scheming snakes and they'll try anything to get out of this

If I do get judgement and they didn't turn up they'll more than likely try to squirm out of it by trying to get it set aside saying they didn't receive the papers. Just wanna put an end to that plan before it begins. Also according to CPR 24.4(3) they have to be given 14 days notice of the date of hearing and the issues due to be raised, so if I send it tomorrow they get their 14 days and can't squirm out of it that way either!

 

I've been talking to my partner today and I think he's finally accepted that I won't be accepting any prospective offers because getting the judgement is more important, yay!

[beyondhope]

Well exactly, the silence is just doing me in! You know they're a bunch of scheming snakes and they'll try anything to get out of this

If I do get judgement and they didn't turn up they'll more than likely try to squirm out of it by trying to get it set aside saying they didn't receive the papers. Just wanna put an end to that plan before it begins. Also according to CPR 24.4(3) they have to be given 14 days notice of the date of hearing and the issues due to be raised, so if I send it tomorrow they get their 14 days and can't squirm out of it that way either!

 

I've been talking to my partner today and I think he's finally accepted that I won't be accepting any prospective offers because getting the judgement is more important, yay!

 

By the short and curlies springs to mind

 

Yay why is it the male of species doesnt grasp a woman scorned is a woman not to be messed with until too far into proceedings LOL They cant afford to make you an offer anyway, you are expensive

[wannabedebtfreesoon]

By the short and curlies springs to mind

 

Yay why is it the male of species doesnt grasp a woman scorned is a woman not to be messed with until too far into proceedings LOL They cant afford to make you an offer anyway, you are expensive

Expensive

I'm just trying to anticipate their possible next moves and my respective counter attacks! So far I've got it down to:

 

• They don't turn up - in that case I'm covering myself against a prospective set aside.
  
• They turn up and try to negotiate 'on the court steps' - I refuse to acknowledge anything from them outside of the court room.
  
• We get in to the court room and they make a Part 36 offer so the claim will be stayed - I am not obliged to accept any offer, if I refuse the Judge can still take their conduct into account when deciding costs.
  
• We get into the court room and they make an offer to settle the whole claim - under CPR 14.1 I can state that I will accept their offer as an admission and still be entitled to enter Judgement
  
• We get into the court room and they try to settle in full under the condition I sign a Tomlin/Consent Order for confidentiality - they can stick it up their ar$e, I will state that they have had 5 months to negotiate with me and chose not to. Today I am here for Justice, the time for negotiations has passed.
  
• We get in to the court room and they try to argue that they are above the law and that because I stopped paying them they then had a right to break the law!!
  

Anything I've missed???

[beyondhope]

Expensive

 

Well you are!!

 

I'm just trying to anticipate their possible next moves and my respective counter attacks! So far I've got it down to:

 

• They don't turn up - in that case I'm covering myself against a prospective set aside.
  Agree
   
  
• They turn up and try to negotiate 'on the court steps' - I refuse to acknowledge anything from them outside of the court room.
  Agree
  
  
• We get in to the court room and they make a Part 36 offer so the claim will be stayed - I am not obliged to accept any offer, if I refuse the Judge can still take their conduct into account when deciding costs.
  What does 36 consist of? What possible grounds do they have for a stay?
  
• We get into the court room and they make an offer to settle the whole claim - under CPR 14.1 I can state that I will accept their offer as an admission and still be entitled to enter Judgement
  Agree
  
  
• We get into the court room and they try to settle in full under the condition I sign a Tomlin/Consent Order for confidentiality - they can stick it up their ar$e, I will state that they have had 5 months to negotiate with me and chose not to. Today I am here for Justice, the time for negotiations has passed.
  Agree
  
  
• We get in to the court room and they try to argue that they are above the law and that because I stopped paying them they then had a right to break the law!!
  Likely!
  
  

Anything I've missed???

 

I dont think you have missed anything

Im thinking being above the law or tomlin are the likeliest outcomes, no idea why just my feeling

[wannabedebtfreesoon]

Part 36 is to do with Offers to Settle and can be made at any time. If a claimant accepts a Part 36 offer the claim will be stayed and no judgement made except for costs unless the defendant fails to pay up in accordance with his offer within the time limits agreed.

 

Also if a Part 36 offer is refused and the claimant obtains judgement for an amount LESS or equal to the offer, the claimant will only be entitled to costs that the Judge feels are 'just'. It is also possible that the defendant be entitled to his costs from the date of making the offer, (although that will be nothing anyway because it would've been made on the day!), UNLESS the Judge feels it 'unjust' to do so. The Judge will take into account things like their conduct throughout the case, the terms of the offer, the time the offer was made etc...

[beyondhope]

Part 36 is to do with Offers to Settle and can be made at any time. If a claimant accepts a Part 36 offer the claim will be stayed and no judgement made except for costs unless the defendant fails to pay up in accordance with his offer within the time limits agreed.

 

Also if a Part 36 offer is refused and the claimant obtains judgement for an amount LESS or equal to the offer, the claimant will only be entitled to costs that the Judge feels are 'just'. It is also possible that the defendant be entitled to his costs from the date of making the offer, (although that will be nothing anyway because it would've been made on the day!), UNLESS the Judge feels it 'unjust' to do so. The Judge will take into account things like their conduct throughout the case, the terms of the offer, the time the offer was made etc...

 

Ah ok so by offering to pay they get out of a judgement as such and should the offer be refused its the judges discretion x

[wannabedebtfreesoon]

Yep in a nutshell! Only the Judge's discretion is only for the costs part of it. The only judgement that can be made would be to enforce the terms of the offer.

[beyondhope]

Yep in a nutshell! Only the Judge's discretion is only for the costs part of it. The only judgement that can be made would be to enforce the terms of the offer.

 

Ahhh I get ya!

[rcl]

Did you send your letter reminding them of the hearing date ? Seems you have all angles covered ! I cant think of anything else they may do to try and escape the inevitable outcome to this case

 

You said all along that you wanted them answerable in court, and it sems the judge agree's with you.

 

I cant wait till the hearing date, so goodness knows how you must feel lol. You have better patience than I do;)

[wannabedebtfreesoon]

Did you send your letter reminding them of the hearing date ? Seems you have all angles covered ! I cant think of anything else they may do to try and escape the inevitable outcome to this case

 

You said all along that you wanted them answerable in court, and it sems the judge agree's with you.

 

I cant wait till the hearing date, so goodness knows how you must feel lol. You have better patience than I do;)

Yep sent Monday and delivered and signed for yesterday

As for patience, I have none!!! I am so bored that I'm already planning my next attack - Just compiling research and letters before action and CPR 31.16 requests for the Recovery agents! I am going to sue them for Tort of Trespass and negligence, punitive and exemplary damages

 

But also we've just had a fabulous result against welcome that has absolutely made my day!!! Have a look....

Welcome Finance - Hp - Ucan car ***WON***

[wannabedebtfreesoon]

I actually sent them -

 

• Notice of Hearing for Summary Judgement
  
• Copy of my application for SJ
  
• Notice of Hearing for Unless Order
  
• Copy of my application for Unless Order
  
• All evidence
  
• Covering letter stating that I am sending all this just in case, for some reason, they haven't received the paperwork and to ensure their attendance!
  

[rcl]

Excellent ! It isnt your responsibility to ensure that welcome know when they are due in court, however, i think in these circumstances, it was definately the right thing to do, as it covers your options, and potentially saves time later on

 

Can you sue the agents as well, even though it is linked to the ongoing claim with welcome ? If not, then good for you ! It would be nice to see the agents being held accountable for their actions too, and if it stops it happening to others, then it is well worth it

 

Excellent result from the ombudsman today, that made me smile

[wannabedebtfreesoon]

Excellent ! It isnt your responsibility to ensure that welcome know when they are due in court, however, i think in these circumstances, it was definately the right thing to do, as it covers your options, and potentially saves time later on

 

Can you sue the agents as well, even though it is linked to the ongoing claim with welcome ? If not, then good for you ! It would be nice to see the agents being held accountable for their actions too, and if it stops it happening to others, then it is well worth it

 

Excellent result from the ombudsman today, that made me smile

I am so chuffed with that result, it's amazing!! Especially considering he even went away thinking all was lost and he had paid over £7K, lost his car AND still owed the **** over £13K!! I really couldn't be happier for him and it's such a good feeling seeing welcome get a massive poke in the eye! ha ha!

 

The deathly silence I have had from welcome just made me convinced that they weren't going to turn up and then claim ignorance later with the intention of unnecessarily dragging this out for months and gaining an opportunity to lose by default. It would be their only chance of getting out of this without liability. I swear to God I'll be damned before I let that happen!!

Even if they don't turn up now, it'll be highly unlikely they would be granted a set aside considering they've had 2 notifications of the hearing date from the court and 1 from me that was signed for by them!

 

Absolutely I can sue the agents! My claim against welcome is for unfair relationship and unlawful repossession under CCA 1974. My claim against the recovery agents will be for professional negligence and tort of trespass. The bottom line is that man trespassed on my property when I expressly refused him permission. Before I start proceedings though, I will be reporting them to Trading Standards and the OFT to consider their fitness to hold a Consumer Credit License.

 

No buggar is going to get away scot free with this, no matter what their part in it was.

Hell hath no fury......

[Surfer01]

Once all the above is over, will you still be having a go at the police for allowing it to happen in the first place. That should be interesting!

[rcl]

Once all the above is over, will you still be having a go at the police for allowing it to happen in the first place. That should be interesting!

 

 

I was about to ask the same thing. !

[letsdothis]

No buggar is going to get away scot free with this, no matter what their part in it was.

So glad I am not married to you LOL

 

Great result for the other person though.