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

[wannabedebtfreesoon]

Thank you all for your kind words of encouragement, it really does help

 

Been to court again today, I think I'm actually finding some affinity for the place

 

The judge was a very nice and fair lady and, just for a change, the other side decided not to try and talk over me, put me down or spin a lot of nonsense....miracles will never cease

 

It has been decided that the trial window will be set for as soon as possible, hopefully in around 3-6 weeks, and then this whole sorry saga will be over forever.

I'm as ready as I'll ever be, I've come so far in the past 2 years and I won't be fooled by the same tricks twice, although I'm starting to get the feeling that perhaps they know this ;-) They will be calling a witness from welcome and I absolutely can't wait to be given the opportunity to ask all the questions I have been longing to ask! I'm really looking forward to getting my teeth right into the last episode of this gruelling duel, one final big effort coming up!!

 

Thanks again for all your support, I couldn't have done it without you all x

Not long now and we can all finally have some closure

[dadofholly]

Make sure their witness gives evidence on oath.

[wannabedebtfreesoon]

Make sure their witness gives evidence on oath.

I don't think there will be any doubt about that, I can barely contain myself!

[dadofholly]

I don't think there will be any doubt about that, I can barely contain myself!

 

Call him Andy Coulson a couple of times by mistake - just as a reminder that there can be repercusions for knowling lying on oath - especialy if they start coming it by stating that the commission is is paid by them - or some other cobblers - as they will need to be able to show accounting entries for this specific type of payment going back over a decade. And if they claim it is covered by another named accounting entry, then they will need to show a paper trail and evidence.

 

Do Welcome provide you with an outline of their case prior to the hearing? Which ever one they eventualy decide on

[wannabedebtfreesoon]

Call him Andy Coulson a couple of times by mistake - just as a reminder that there can be repercusions for knowling lying on oath - especialy if they start coming it by stating that the commission is is paid by them - or some other cobblers - as they will need to be able to show accounting entries for this specific type of payment going back over a decade. And if they claim it is covered by another named accounting entry, then they will need to show a paper trail and evidence.

 

Do Welcome provide you with an outline of their case prior to the hearing? Which ever one they eventualy decide on

Oh I already tried that one! They insist that as the transaction was electronic and no record now exists, I know full well that a company is required by law to keep records but what can I do? They say no record exists and I can't prove they are lying.

 

They've already admitted that Norwich Union paid them an amount of commission and they kept half for themselves and gave half to the broker. The actual amount is still anybody's guess, but I'm sure somebody will have to tell me sooner or later

 

God only knows which version they will be bringing to trial this time but I did raise it at the CMC and the judge ordered a succinct case summary and schedule of issues to be served before the trial. In any case, once bitten twice shy and all that, if I even catch a sniff of something contrary to what was pleaded previously I will make one Hell of a fuss! There's no way they're going to get away with springing new stuff on me at the trial like they shamefully did last time and I don't care who knows it

 

I'll never forgive them for what they have done and how they have behaved, I will openly admit I suffered greatly with stress and anxiety as a result of all this and they did nothing but try to take advantage of that. Absolutely despicable Well the joke's on them because now I am all better and stronger and more confident than I've ever been in my entire life, bring it on I'm ready!!!!!!

[wannabedebtfreesoon]

Gotta love Ghandi

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

[dadofholly]

If it helps i have a document that shows commissions being paid to a broker by welcome, and how much it was, on a HP agreement. So it shows that they do have this info - and know it, (not going down the perjury route are they?) The broker gets their own copy by the way - i got one copy from the broker and an identical copy from Welcome.

 

Am prepared to provide a copy and write a statement if needed.

 

PM me if you prefer.

Edited May 31, 2012 by dadofholly

[wannabedebtfreesoon]

"Always tell the Truth. That way, you don’t have to remember what you said."

~ Mark Twain

 

"No man has a good enough memory to make a successful liar." ~ Abraham Lincoln

 

Final trial date 10th July 2012

[wannabedebtfreesoon]

Is it just me or is my last post invisible?? I don't think it was offensive, I only posted a couple of famous quotes

 

Anyhow, final trial date is 10th July

 

2 weeks, 5 days....

[wannabedebtfreesoon]

Ok scrap that, I can see it now

[sequenci]

Haha

[wannabedebtfreesoon]

Haha

 

For the benefit of my beloved guests, those quotes were aimed at myself before you start slinging accusations of defamation, (again!)

Although, I still maintain that defamation is only defamation if it's false and unjustified.....

 

I don't need to remember what I said last time, it will always be the same forever because it is the truth

 

I believe that everyone should just tell the truth, it just makes life so much easier. Don't you think??

[sequenci]

Truth + Honest comment are both defences in defamation. As you know

[pickaname]

Can they wriggle out of it at the 11th hour?

[wannabedebtfreesoon]

Truth + Honest comment are both defences in defamation. As you know

 

Yes I told them that last time but then they decided they didn't want to talk to me any more about it

 

I kept getting threatening letters from welcome DCAs. For some reason they weren't very happy when I e-mailed Margaret Young to complain and attached a copy of the High Court judgment. I advised her that welcome and their team have behaved in a manner which was unlawful, dishonest and fraudulent. All of which were proved to be true from either their own admission or the findings of the Court. Even so, they were not amused Obviously Ms. Young had passed the message on....

 

Thing is though, when I had previously complained to their solicitor about the DCAs they did absolutely nothing about it. Oh well it wasn't like I didn't give them the opportunity to put things right, they always choose not to take those options though....

 

Even at this very late stage I still had a phone call from another DCA a couple days ago saying that welcome had told them there was no outstanding dispute and to commence collection activity!! I never laughed so much, the poor girl on the phone didn't find it so funny mind

[wannabedebtfreesoon]

Can they wriggle out of it at the 11th hour?

 

I can't see how that could happen now really. I suppose their only option would be to make an offer to settle but I'm fairly certain they are aware of how fruitless that would be at this stage.

 

The fact is that after the appeal I was thoroughly exhausted, mentally and physically drained and pushed to my absolute limits. I made an offer to their solicitor for us to both call it quits and walk away. The appeal was successful, the original judgment was overturned and I proposed that that be the end of it with neither of us owing the other anything.

However, instead of accepting my generous offer with grace the man thought he could see an opportunity to push me further in the hope that I would completely crack up. What a gent, I know He went on to say that there would still need to be a costs hearing to establish how much I would have to pay them based on the points they had won and I might lose at the remit!!!! After a little further contemplation, I did struggle to understand how there could be a costs hearing for any points they won on a judgment that was set aside in its entirety... huh??!

 

Anyhow, after what he did, (on behalf of the defendant without consulting them first), I decided not to completely crack up, I turned myself around from the brink of insanity and came back fighting with a big fire in my belly

He tried to destroy me because he thought I was weak, for that action alone I will not be forgiving nor generous.

 

Hell Hath No Fury and all that....

 

Make no mistake, I hold him personally responsible for the existence of this trial. If welcome end up with a CCJ and a ruling of UR it will be all down to that man's actions on that day. They could have walked away from this with minimal damage but he chose, on their behalf, to not take that option.

In 2 weeks and 5 days a judge will decide. I can't see how there can justifiably be any other way of ending this.

[wannabedebtfreesoon]

P.S. There never was a costs hearing

[dadofholly]

I think at the end of this a complaint to the OFT is in order - and possibly to the SRA or even the Police (if issues of attempting to pervert the course of justice is evident).

 

I admire you for your fight, and carrying on despite all they have put you through. You are a credit to Cag and consumers everywhere.

[wannabedebtfreesoon]

Thank you

I must admit my 'fight' surprises me sometimes! I suppose it comes from a lifetime of difficulty and hardship, faced with repeated adversity there are only 2 options; give up or develop strength. I simply chose not to give up.

 

I am not just in this for myself though, this is for all of us. Just because we are small doesn't mean we have to lie back and accept what gets thrown at us, we stand up for ourselves and stand up for what is right. That has to be worth fighting for

 

When all is said and done, I was right. I told them in the beginning I was right but they didn't want to listen. Well they are listening now!

I'm sure the next time there is a car parked on private property they won't be taking it anywhere without a court order

[wannabedebtfreesoon]

Does anybody know if the change to LiP costs is retrospective??

 

It was £9.25 when I started but went up to £18 part way through. I don't know whether I should put the rate at £9.25 for everything up to the date and £18 for everything after or if it should all be £18 because that is what it is now??

[GuidoT]

How far are you going back, from 01 October 2011 higher rate applies.

Edited June 26, 2012 by GuidoT

[wannabedebtfreesoon]

How far are you going back, from 01 October 2011 higher rate applies.

The first trial was in April 2011, it was set aside at the appeal in July 2011. There have been other hearings since and the final trial is in 2 weeks time, so some of it was pre-Oct 2011 and some after

[GuidoT]

Sorry you probably know the 01 October date, I am looking to see if I can find a helpful answer.

[GuidoT]

I cannot find a definitive answer, I would not have thought it applies retrospectively, but I will stand corrected.

 

Personally I would split it and charge the lower rate pre Oct and the higher post.

[wannabedebtfreesoon]

I cannot find a definitive answer, I would not have thought it applies retrospectively, but I will stand corrected.

 

Personally I would split it and charge the lower rate pre Oct and the higher post.

 

No worries thanks for trying, I was thinking the same myself although there doesn't appear to be any guidance on this issue!