wescot are very sneaky

[furyan]

we finally recieved a copy of the claim form

yes address is the same

it also says that wescot bought the debt in april 2007

Edited August 24, 2012 by furyan

[Ganymede]

we finally recieved a copy of the claim form

yes address is the same

it also says that wescot bought the debt in april 2007

 

 

Can you type up the Particulars of Claim in full please minus your personal details.

[furyan]

the claim is 972.00 being monies owing to the claimant in respect of a credit agreement between provident personal credit and the defendant under account wxxxxxxx.

the agreement was terminated as the defendant failed to maintain the agreed terms.

in accordance with pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan.

the defendant has failed to respond or maintain a suitable arrangement.

provident personal credit has sold and assigned all rights,titles and interest, under this agreement to wescot spv limited.

 

and the claimant claims interest pursuant to section 69 of the county court act 1984 at the rate of 8% per annum from 3/4/2007 to 19/3/2012 totalling 385.60 and thereafter at a daily rate of 0.21 to date of judgement

[furyan]

i didnt notice before but the names are different

its all addressed to a mrs jackie xxxxxxx

 

my OH name is jacqueline xxxxxxxx

will this make any difference at all

[Guest]

i didnt notice before but the names are different

its all addressed to a mrs jackie xxxxxxx

 

my OH name is jacqueline xxxxxxxx

will this make any difference at all

 

prob not

[furyan]

got a court date through for the 17th of september

[furyan]

the claim is 972.00 being monies owing to the claimant in respect of a credit agreement between provident personal credit and the defendant under account wxxxxxxx.

the agreement was terminated as the defendant failed to maintain the agreed terms.

in accordance with pre-action protocols the claimant has attempted to contact the defendant and agree a repayment plan.

the defendant has failed to respond or maintain a suitable arrangement.

provident personal credit has sold and assigned all rights,titles and interest, under this agreement to wescot spv limited.

 

and the claimant claims interest pursuant to section 69 of the county court act 1984 at the rate of 8% per annum from 3/4/2007 to 19/3/2012 totalling 385.60 and thereafter at a daily rate of 0.21 to date of judgement

 

ganymede posted what you requested awaiting your thoughts

[furyan]

just a quick update.

i sent a letter to provident personal credit regarding the account westcot are claiming for

they state that they dont not have information on there system regarding the account or my OH and also the account number quoted is not recognised as ever being a provident account number

[Guest]

i didnt notice before but the names are different

its all addressed to a mrs jackie xxxxxxx

 

my OH name is jacqueline xxxxxxxx

will this make any difference at all

 

presume you meant here that the surnames are same?

[furyan]

that is correct ford surname is the same

[furyan]

recieved that today no idea why they would want to discuss about it now its at court on monday

[42man]

I have unapproved the attachment Furyan as it has a reference number on it...

[furyan]

sorry will redo can post 36 be deleted plz

 

[ATTACH=CONFIG]38205[/ATTACH]

[Guest]

did you do a witness statement?

Edited September 13, 2012 by Ford

[furyan]

yes we did a very short witness statement which was sent with the form n244.

but we carnt actually provide any evidence as how do you prove you have recieved nothing.

but now it has been pointed out to us that the fact that wescot couldnt have sent us a final notice of intent if they had they would have also had to place a default on the credit file

which there is no defaults against anything from either provident or wescot.

[bluetimone97]

Watching this with interest as I am going through the same thing, waiting on a date from my local court.

[Guest]

recieved that today no idea why they would want to discuss about it now its at court on monday

 

unless they are willing to agree to the set aside, as you say not much else to discuss is there!?

in brief, what did they say in their statement?

[furyan]

this is there statement

[ATTACH=CONFIG]38240[/ATTACH][ATTACH=CONFIG]38241[/ATTACH][ATTACH=CONFIG]38242[/ATTACH]

[Guest]

ok, at first sight, they have gone to town and it seems put simply that they are relying on last known address being correct and no arguable defence anyway. you would need to try and rebut that in court if required.

Edited September 15, 2012 by Ford

[Mike_hawk]

Hi furyan

 

Do you have a copy of your w/s handy please

[furyan]

sorry no i only made a copy for the court and wescot.

since sending witness statement i have looked at credit files and nothing there about this debt no defaults by wescot or provident ive requested copies of any statement from provident as regards to this account no and they have nothing on file they even state that the account no quoted is not even a provident account no.

they cannot even understand how my partner would be able to obtain a another loan from them if she had defaulted in the past and she has been a customer of provident for a couple of years now.

weve even got a statement from them with her correct name on it.

we have been advised that the fact that the names are different are enough grounds to get a set aside aswell as the fact that we recieved no final notice of intended action which is normally follwed by a default on the credit file.

weve also been told that this debt could actually be statue barred but this its self would be hard to prove without paperwork

also been advised to let the court know that we taking advice on claim against Westcot for vexatious litigation. (no idea what that means)

[Guest]

ok, you have other advice. from?, a solicitor?

don't forget to also mention the poss statute bar. v important if applicable.

remember that if set aside, would revert the claim to the beginning (if they then decide to proceed)

[Mike_hawk]

oooer, you really should have retained a 3rd copy or you'll appear to the dj as incapable of controlling any data sent or received.

 

Is it possible to ask Provident to e-mail your wife a copy of account/s statements over the weekend, if they will agree it would be a hurdle for Wescot to overcome if nothing listed in the last 6 years.

[furyan]

i have a summary of all outstanding agreements already from provident which was sent to us in june this year will this be good enough

[Mike_hawk]

Is there anything within referring to the case? If not did you refer to the statement in your w/s and did you file/serve a copy?