Brothers Welcome/Hagarty Claimform - old Loan - now 3yrs later IND are lifting the stay by N244

[Gaz7483]

Aha, tricks of the trade ;-) Thanks Andy. Is it likely that the Claimant gave the Court the wrong address for my brother, or is it more probable that it's a clerical error on the courts part such as using the address on the original claim from 3 years ago?

 

Also, in the witness statement that you sent me a link to yesterday there is mention of the defendant seeking to recover costs. Is this a line I should use in our WS?

Edited July 8, 2015 by Gaz7483
Second question...

[AndyOrch]

No...its not applicable to small claims track

[DonkeyB]

Is your paperwork in?

[citizenB]

Is it today the hearing ?

[DonkeyB]

I believe so, CB.

[Gaz7483]

Hi Guys.

Back from court,

not entirely sure how I feel about it.

Judge wasn't prepared to consider the defence.

He said we should have put the papers in 2 weeks ago.

My brother told him that we had no notification at all from the court, and the judge simply blamed him for not notifying the court that his address has changed from the last time.

He suggested that we leave the room and try to come to some agreement with the agent that Welcome Finance sent, and seemed keen for us to discuss a Tomlin order.

We mentioned to the agent that the account was terminated and she said that it wasn't.

I told her that it clearly states in the PoC that it was terminated and they hadn't issued a Default Notice.

She shrugged her shoulders and said it was a "discrepancy" and would simply say that in the room if we chose to contest the claim.

My brother obviously would have liked to have won, but the crucial thing for him was that he didn't walk away with a CCJ so he chose the Tomlin order.

He'll now be paying back £50pm for 8 and a bit years.

The one decent thing the judge did do was say he wasn't prepared to agree statutory interest at 8%, it would be limited to 3% at most.

We'll also now be putting in a sturdy PPI claim to reduce the balance by a considerable amount I imagine.

I don't know if we did the right thing, but he didn't want to take the risk.

The judge was a grumpy so and so and they did establish early on that there was a debt and it wasn't statute barred.

I don't know what to do now, if anything.

My understanding is that with a Tomlin Order the case is stayed.

Is it still feasible to put in an application for it to be struck out on the basis of them not issuing the default notice or is that clutching at straws?

I don't feel satisfied with this outcome.

[AndyOrch]

Tomlin Order is agreed...so the claim is stayed...always on the back foot here Gaz as I stated ...the Witness Statement should have been served earlier as per the Judges comment.

Hit them with the PPI now and try to reduce the debt and term of payment. Glad they didn't get their 8%.

[Gaz7483]

There was a raft of costs,

£200 for the agent,

£335 for the hearing and

I think 2 sets of solicitors fees,

one £85 and

one £80.

He said the 8% statutory interest thing was outdated and he doesn't agree with it.

I'm just angry because they never issued the default notice and lied.

My brother's happy to not have a CCJ but it feels like a hollow victory to me.

Is there any advice you can offer with regards to making the PPI claim?

He seems to remember being told he pretty much had to have it

. I believe also that it was front loaded PPI, can this help us?

I'm concerned about the age of these too.

One agreement was signed in October 2003 and the other September 2004.

Am I right in thinking it's trickier trying to win claims for policies sold before January 2005?

[DonkeyB]

I think you might find the PPI, with interest, wipes out a lot of what they’re after – but the Tomlin Order doesn’t stop you reclaiming PPI.

 

There are TWO lots of PPI to reclaim.

 

The original agreement dated 17/1/03 had £889 in PPI.

 

When he refinanced, he also refinanced the PPI, so he paid PPI on PPI!

 

This was a further £1067 on 13/9/04.

 

With simple interest at 8% and repayment of the premium, I make that £889 + £889 = £1778 for the first agreement; and £1067 + £917 = £1984.

 

That’s a total of £3762 they owe you, possibly.

[Gaz7483]

WOW.......that is more than 6 years worth of repayments he has to make! That's incredible, I'll try to get the letters in the post over the weekend. Thanks yet again for your help

[DonkeyB]

Let’s make sure you get the wording and reasons for misselling right first!

[Gaz7483]

I think we may have 3 cases for misselling. He was told it was compulsory, he wasn't aware of the total cost because of it being front loaded, and apparently he was in a job at the time where he would receive full sick pay. Is there a pro-forma letter I can use?

[DonkeyB]

Google is your friend. Loads available.

 

However... claims with Welcome PPI sold before 2005 have to go via Welcome and then the FOS if they fail to deliver. After 2005, I believe claims were handled by the Financial Services Compensation Scheme as Welcome had defaulted on its undertakings. You need to do a bit of research on these forums first to find the correct route to apply.

[Gaz7483]

Thanks Donkey. I did read something about that. It strikes me as odd that Welcome are still looking at claims prior to 2005. Can only try though. Will look that up and get a letter drafted