Welcome Finance - claim form received

[gilly5001]

Oh right I didn't know that, have been sweating over the defence all over Xmas when everyone majorly busy.

So I just wait then? Do I not take anything to the hearing then, just wait for the judge to say what's happening afterward?

[AndyOrch]

Get all your paperwork together and an outline of a proposed defence....refer to what I said about the dates on the DN/TN but make sure that they have followed procedure in adding parties first.

[gilly5001]

Yes I will, hopefully that teamed with refusal if sar request will be enough for the judge to question if anything they have done has been legit

Thanks again

[hollie-lou]

are there any updates on what happened with this?

[gilly5001]

are there any updates on what happened with this?

Hi not yet, I'm waiting for the date on the 11th to have our hearing which is when apparently we need to take our defence which will include the fact that welcome write and said they had added myself, which the court have not

Confirmed... Now meaning welcome have said its adjourned and if we took their word wouldn't turn up, perhaps meaning it would go their way!!!

[hollie-lou]

Hope it all goes well for you Gilly, i'm just starting my fight with Welcome, they have ignored my SAR also and did the whole asking for proof of identity thing, i'm now trying to read up on how i submit a court claim I have the N1 form but just need to be 100% i'm completing it correctly x

[ims21]

Hope it all goes well for you Gilly, i'm just starting my fight with Welcome, they have ignored my SAR also and did the whole asking for proof of identity thing, i'm now trying to read up on how i submit a court claim I have the N1 form but just need to be 100% i'm completing it correctly x

 

Have a look at this thread...it may well help you

[hollie-lou]

hi, i have read the whole of this thread.

 

Our loan was just a securred loan but we issued a SAR request in October 2011, I'm completing the N1 form tomorrow but a little stuck where you write in costs as it is a non money claim - i would have thought you put 0.00 in but want to be 100%. I'm also involving the ICO as they did the whole we acknowledge your sar request but want proof of ID and we have been received correspondents from them during this period.

[gilly5001]

Hi all haven't updated for a whole as nothing happening, welcome have managed to get the case adjourned till the first week in march when we will both be defendants, ill post my defence up this week but fear I cannot quote case laws. I will post my arguments and hope someone can help me word it into a defence

thanks all

[gilly5001]

If served Again in both our names do I need to acknowledge again? It's a return of goods hearing and I'm really confused about what it will entail, do we both need to be present? Will there be a rep from welcome?

Will the judge read our defence?

I have no idea what a return of goods hearing is

Gilly

[AndyOrch]

Hi gilly

 

Take a read here before your hearing particularly from PD 4 onwards

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part07b

 

Regards

 

Andy

[gilly5001]

Hi thanks

I've had a good read and I'm more confused than ever

Should fill in the attached forms and take with me asking for specified payments or

Just take a defence stating the discrepancies between dates of the TN and DN?

Or both so if judge decides the date thing, refusal of SAR, previous complaints about the car fit for purpose wtc aren't enough then may still let us keep and order payments?

I just don't want to lose my car

Anyone any ideas, everything we've done prev I've been pretty clear about but it's the unknown here. Will the judge set a date or make a decision there and then. Is it worth getting my defence to the court beforehand so the judge may read it?

Thanks guys

[gilly5001]

Hi just wanted some advice before we go to court next week shall I admit we owe and ask for time to pay, I don't want our arguments re dn and TN to fail and get a judgement against us, would it be wise to admit we owe which we do then if the judge decides welcome have acted accordingly we will get time to pay the bal?

[AndyOrch]

You may still get a judgment if you do or dont mention your arguments.Your hearing is your opportunity to state your case and offer proposals to resolve the matter.If a judgment is awarded and forthwith you can still make application to vary the terms of payment.

 

If you dont present any argument then it is presumed the Claimant is correct.

 

Andy

[gilly5001]

Ok thanks, I'm obviously very worried about the whole thing and think I'm confusing myself keep going over and over it.

I've got my argument, there complete lack of organisation letters that say thanks for ur SAR letters that say we've never had a SAR request... Dn and termination notices all over the place. Infact there's 3 in question. One I have from June 2011, one they refer to but I haven't got from nov 12, and another one from July 2012! I'm hoping the judge will see that despite attempts to resolve the matter and agree a repayment plan we have done nothing but be messed about by welcome and dlcs offering us 50% reductions etc

Thanks Andy

[AndyOrch]

Frustrating I accept but when you are at your hearing try to keep calm and present your contentions calmly,succinctly and If you feel you are been rail roaded then ask for explanation or time to consider.If you act with courtesy and professionalism Im sure the Claimant will show how unreasonable they have acted.

 

Best of luck Gilly.

 

Regards

 

Andy

[gilly5001]

hi

below is an outline of our proposed defence I thought about including a time line hopefully will let whoever looks the amount of messing about there has been

 

Reference to the Return of goods hearing from Welcome Finance

In the particular of the claim Welcome state that on the1/11/2011 a Default notice was served, we have not received Default notice.

In the particulars of claim welcome state that TerminationNotice was served on the 22/11/11, againwe did not receive this please see appendix I for Termination notice served onthe 20/07/2011.

Defendant argues that Welcome served the termination noticebefore default notice.

20/07/2011

Termination notice received for balance of £5427.32

Spoke to Welcome who advised was not a termination noticeand we had to agree to contractual amount plus a figure towards the arrears

31/7/2011

Further phone calls from Welcome saying we needed to set up contractualpayment plus something towards the arrears or would come and take the car

Advised at this point to put everything in writing and notto speak to them on the telephone

30/08/2011

Bombarded with telephone calls so sent a telephone harassmentletter

08/12/11

Sent letter of complaint to Welcome re initial complaintabout the car.

04/2012

SAR request sent to Welcome finance

Letter received stating that under section 80 they needed toknow the whereabouts of the car.

Section 80 relates to commercial HP agreements not personal

04/05/2012

Welcome acknowledge receipt of request for SAR and £10processing fee state they need Several documents as cannot verify our identity(see appendix ii)

June 2012

Welcome continue to ring up to 20 times per day despitehaving has a harassment letter and still no response from SAR request

Letter sent 19/6/12 complaining once again about the amountof phone calls and all correspondence in writing and complaining about lack ofresponse to SAR

Complaint letter sent again

2 letters received from Atlas collections (see appendix iii)

12/07/12

We will go to court for the car based on default notice from1/11/11

14/707/12

We would like to offer you a 50% reduction on the balance

Ignored as still no response to SAR request

23/7/2012

Letter from Welcome collections – Atlas collections (seeappendix iv)- stating have never received a SAR

25/7/12

Complaint sent again to Welcome finance stating letters fromthemselves acknowledging SAR sent recorded delivery (appendix v)

Heard nothing until court papers received inDecember 2012.

If anyone can help me word this properly I would be so grateful or releveant case laws to ref in regards to the dates etc

Do I need a full defence or os this outline enough??

Thanks all

[gilly5001]

Hi can anyone offer an opinion on this

[AndyOrch]

Hi gilly as long as you understand it and it contains all the relevant points of your objections then that's fine.It does not have to be worded legally or flash as long as you understand what you are countering with your attached exhibits.

 

Dont forget to include your request of a payment plan and their response.

 

Regards

 

Andy

[gilly5001]

Oh yeh thanks

[gilly5001]

Right just a quick update

 

defence form in at the court in case the judge has time to read before thE hearing on Friday

 

Have recd from welcome today a hire purchase statement ( never had one of theses before) showing all credits a debits since account was opened.

 

There are over a £1000 of charges for let's and phone calls and funnily enough some of the letters I have like a termination notice before the default notice is not detailed on there.

shows default and termination from the dates that welcome have used in the particulars of claim

 

there a a few charges I would hope someone can shed some light on

 

Each month there is a discrepancy in the order of debits and it goes like this

31/10/09 DEFAULT SUM FEE INTEREST £1.12

7/10/09 HPDI FEE £7.42

7/10/09 CAPITILISATION £7.42

This happens every month with the amount varyingb for HPDI from £34 to £2.15

 

I don't know what the HODI FEE is or the CAPITILISATION but I guess they add up to a considerable amount

 

Can anybody shed any light in this?

 

I thought it might be default interest but that is shown separately

 

It seems a bit strange that welcome have sent it today when in court in two days time

 

Thanks Gilly

[dx100uk]

the trouble with welcome is they make up names

there is another thread here whereby HPDI fees are being reclaim

along with default sum int fees

 

cap is interrest so no go.

 

you've got the CISHEET to put them all in?

 

dx

[postggj]

Capitalisation is monthly interest, ad hoc fees are collection charges, HPDI - hire purchase default interest (interest accrued on arrears)

[dx100uk]

thanks squaddie

 

dont foget onslows letter will you please?

 

 

 

 

dx

[gilly5001]

CISHEET?

Thought I could start the excel sheet to reclaim after looking on other threads. Is it worth mentioning in court on fri?

I've looked at letter/ phone call charges

HPDI fees and returned payment charges

What I don't get is each entry for capitalisation is the same as the entry above it and according to the balance it only increases on the capitalisation entry not the one above it so is it interest or the fee for a late payment? So confusing