welcome Car Finance - PPI and Mystery Charges - claim form received - help

[AndyOrch]

That is all that is required at this stage..

 

.you can go into great detail once you have received their reaction and if they signify they wish to proceed.

 

This is done by way of your Witness Statement/Case Summary later in the process.

 

If you are using MCOL then no Statement of Truth is required.

 

If you are happy with the above and it encompasses your contentions with the claim then copy and paste into MCOL

and print your receipt as proof of submission.

 

Best of Luck

 

Regards

 

Andy

[mtaylor819]

Hi All,

 

Had the following back from the solicitors today:

 

We can confirm that our client through their agent IND, have already sent you the documents that you have requested in your Defence.

 

We enclose opt correspondence sent to you dates 11 november 2013 along with notice of sums in arrears for your reference.

 

We can confirm that our client will not be relying on a default notice as they have not terminated the agreement.

 

Our client is demanding the payment of arrears only,

therefore they are not required to issue a default notice as set out in section 87(1) of the consumer credit act 1974.

 

If you do understand anything in this letter then we urge you to seek independent legal advice.

 

The letter from IND has requested this is transferred to my local court.

 

However IND did not send out a copy the notice of assignment as requested in my letter.

[mtaylor819]

Hi All,

 

Hope you all had a great xmas ! I have received a letter from the CCBC today, saying this is eligible for fast track and they have given me the form to complete. It says all efforts should be made to settle prior to this ? Do i want to go ahead with the fast track ? Or can I ask this to go to the local court ?

[mjt2013]

The fast track doesn't affect what court hears the claim, it's what process is applied. You can have a fast track claim at a normal County Court.

[slick132]

Hi Mt,

 

Agree to Mediation if it's on offer, and say you want the case heard at your local county court.

 

The case will be allocated to the appropriate track, based on the value of the claim. Am I right in recalling the claim was for approx £8.5K but with s.69 Stat'y Int't of over £2K.

 

[citizenB]

Is it over £10K or a complicated claim ?

[AndyOrch]

Responding to your PM

 

 

Have you received the N181 ? Sec69 interest cant be added into the total until the claimant as been awarded judgment...this is SCT if the debt is below 10K.Download the N180 and add a a covering note to why.

 

 

Regards

 

 

Andy

[mtaylor819]

Have a defendants copy of the N181 only, nothing from welcome as of yet. Will look at N180 and download. Not certain of how to produce with trying to settle before the date as I fully dispute the claim or do I just put that in the 180/181 ?

[slick132]

Hi MT,

 

We should have said earlier, it's probably better that the claim is heard on the Small Claims track as the costs implications are far less (in the event that you lost).

 

If you simply agree to Mediation on the N180, the court process should facilitate this as part of the ongoing case.

 

[mtaylor819]

Have received the N181 from IND stating they wish it to be small claims track so that's good. Also a letter saying welcome will now represent themselves instead of hegartys yet still all paperwork comes from Ind headed paper.

 

On my form do I need to disclose the DN / TN and the upheld complaint letters as well as I will be using these in my defence ?

[mtaylor819]

Anyone please ?

[AndyOrch]

You really should be completing the N180 if this is to be small claims court...The N181 differs with regards to Directions and Disclosure.

 

 

Andy

[slick132]

Hi MT,

 

I assume you downloaded the N180 but haven't submitted it yet.

 

If so, only address the issues raised on the N180.

 

A - Yes to Mediation

 

B - Enter your contact info

 

C - Tick Yes

 

D1 - Enter details of your local county court

 

D2 - I assume No

 

D3 - I assume 0

 

E - Leave blank

 

Arguments in support of your defence (DN, TN, etc) will be sent to the court when required as per the courts' directions.

 

[mtaylor819]

Perfect thank you !!!

[mtaylor819]

Is there not something wrong with IND dealing with this and yet claiming to be Welcome to the courts ? Surely this must be deceiving the court or something ?

[mtaylor819]

So just to update everyone.

 

Court hearing today,

 

and Judge agreed that the agreement was incorrect executed,

 

but under section 65 was happy to award the monies to Welcome.

 

I contested the invalid default notice, and further termination notice,

 

but he just said, that they agreed the default notice was invalid,

 

but as welcome were claiming under the agreement expiring the termination / default notice was not in question

as there is no such thing as unlawful recission !!

 

I tried using case law examples but he just said you can't have you cake and eat it,

 

you had the car, so you have to pay.

 

Awarded to Welcome.

 

Nice to see the courts are happy to help the small people..

 

. not.

[AndyOrch]

So he agreed with you on all three points but found in the claimants favour..... a***h**e.

 

I do agree on one point even if he was being pedantic....unlawful rescission... in reality you should refer to it as repudiation of contract. When a party to a simple contract, upon a breach by the other contracting party of a condition of the contract, elects to treat the contract as no longer binding upon him, the contract is not rescinded as from the beginning.

 

Both parties are discharged from further performance of the contract, but rights are not divested or discharged which have already been unconditionally acquired. Rights and obligations which arise from the partial execution of the contract and causes of action which have accrued from its breach alike continue unaffected.

 

So now you have to deal with payment...was they allowed costs?

 

Regards

 

Andy

[mtaylor819]

I have to pay the balance remaining at the end of the agreement, plus interest at 8% since that date, and costs. Yep just over 12K all in !

[mtaylor819]

His point on the termination notice was that how could they have terminated if the default notice was invalid. His words to me " you can't say you state the default notice is invalid, but then claim the termination notice is valid but then claim the account is terminated incorrectly" He refused to hear about Wilson vs First Trust.

[AndyOrch]

Sounds like he needs to be put to graze.Once you get the order of judgment and when and what to pay make an application to vary (if necessary) using the N245 and offer £10 per month.

 

Two ways to skin a rabbit...make them wait.

[mtaylor819]

I would love to make them wait forever. But the sour point for me is that I will now have a CCJ after just clearing my credit file down completely and getting back on track. I am seriously looking to see how I can pay it before the 28 days if at all possible.