court want defence papers/IND + welcome finance loan - lewis making debt payments? poss SB??

[pablolfc]

from the 15th when i logged my defence the letter from IND took 8 days from date on letter, letter arrived on the 24th.

 

no other letters have arrived!

[pablolfc]

i received the court letter on the 13th august and replyed on the 15th

[postggj]

thats fine, damage limitation time

 

i wish you had come onto the forum earlier and i would have done a fully particularised defence

 

you had 14 days to respond, jumped the gun a bit

 

i feel we wait for the AQ now and do a supporting witness statement

 

did you do the statute BARRED defence online with MCOL and did the court confirm receipt

 

i feel a letter to welcome might be in order high lighting their deficiency

[pablolfc]

sorry thought i was doing the right thing and didnt relise there are people out there like your kind self to help out!

 

yes i did the statute barred letter online with MCOL and it has confirmed receipt

[postggj]

its a waiting game now

 

what you need to do is contact your bank and ask for 2 to 3 monthly statements that cover these phantom payments to the lewis group

 

it will be then down to the lewis group to prove how these payments were made, either DD, standing order, or debit card

 

i also have a nuclear missle for you called welcome elite brokers and wilson v hurstanger

 

but i will come to that if it is needed

[pablolfc]

ok will go to the bank tomorrow!

 

 

shell i send the following letter to IND and/or welcome

 

Send them the following letter by recorded delivery...

 

(Letter originally wrote by Brigadier2JCS)

 

 

Dear Sir or Madam

 

With reference to your letter regarding the alleged debt for xxxxxx

please not I do not acknowledge any debt to you or any company you claim to represent.

I reject your claim that this alleged debt is NOT statute barred.

I therefore require you within 7 working days to provide strict proof of the following matters regarding the alleged payment.

1. The exact date of the payment.

2. The method of payment, Debit/Credit card, Cheque, bank transfer, cash.

3. If a cheque the Cheque number, the drawers name, the bank name and sort code.

4. I any type of card the 16 digit card number, the expiry/issue dates, the name of the card issuer and the 3 digit security code.

5. For any other method of payment a full explanation of the method of payment to include bank transfer numbers and the account number and drawers name.

Unless you provide the required evidence no further correspondence will be entrered into.

 

 

Stigman

[postggj]

do nothing now until you receive the allocation questionaire from the court

 

update your thread as soon as you receive it or any correspondents from welcome or IND

[dx100uk]

can i just say those statement are absolute rubbish

 

AND IND have added £1839 interest after taking off ALL the capitalisation and PENALTY fees.

 

they dont stand a chance!!

 

dx

[postggj]

to be honest, the IND interest has me totally confused

 

how can IND add interest of £1839 when welcome are still the creditor and IND are a dca

 

anybody know what TAKE OUT OF NON -ACCR IS , ON THE 15/06/2012

[dx100uk]

it adds up to all the ad hoc fees and the capitalisation figures

 

take out of non accurred debt?

 

dx

[postggj]

a 1st year law student can end this with no issues

 

what concerns me is that a a statute barred defence has been done

 

to do a full particularised defence we would have to put in an N244 application notice at a cost of £80 to the judge

 

their are so many issues to be delt with, even though statute barred is a cast iron defence, i feel we need to go for over kill

 

lets make welcome and IND work for their money

[citizenB]

If the debt IS statute barred, then surely a defence confirming such is correct ?

 

Pablo..can you type up exactly what you submitted as your defence ?

[citizenB]

It seems as though we have been given very little information.

 

Do we know what the Particulars of claim say ?

 

In response to their letter claiming a payment was made in 2008, a CPR18 should have been sent to the Claimant requesting details of that payment.

[postggj]

In response to their letter claiming a payment was made in 2008, a CPR18 should have been sent to the Claimant requesting details of that payment.

 

totally agree, but as stated, the poster jumped the gun a bit

 

the part 18 request along with a 31.14 should have been sent prior to any defence being submitted

 

i will knock up a request and post it on the thread for the poster to send IND/WELCOME

 

I AM STILL CONFUSED WHO WE DEAL WITH AS HEGGARTY, THE ORIGINAL SOLICITORS PULLED OUT, IT IS IND SENDING ANY INFO, AND WELCOME BEING VERY QUIET

[PGH7447]

CB see post 17 for POC, it is in the attachment

[PGH7447]

IND use hegarty to compose the poc then take over, or at least that is what they did with me, they seem to think they can ride roughshod over everything, and get away with it

[citizenB]

If the original solicitor, the one named on claim form has removed themselves, they should have informed both the court and the defendant. The defendant and the court should have also been informed where communication is now to be sent.

 

Perhaps the OP could telephone the court to find out where they are sending court documents ?

[postggj]

IN THE NORTHAMPTON CCBC

 

COUNTY COURT

 

Claim number: xxxxxx

 

BETWEEN:

 

 

WELCOME FINANCIAL SERVICES LTD

 

 

 

CLAIMANT

 

 

 

AND

 

 

 

XXXXXXXXXXXX

 

 

 

DEFENDANT

 

 

 

PART 18 REQUEST FOR FURTHER INFORMATION

 

 

TO: WELCOME FINANCIAL SERVICES (CLAIMANT)

 

PLEASE ANSWER THE FOLLOWING QUESTIONS:

 

1. PLEASE EXPLAIN HOW AND BY WHAT MEANS, EITHER DIRECT DEBIT, DEBIT CARD, CASH TRANSFER, CHEQUE ETC.

 

 

 

2. HOW PAYMENTS WERE MADE TO THE LEWIS GROUP ON THE FOLLOWING DATES WITH EVEIDENCE OF THE TRANSACTIONS BY WAY OF STATEMENTS, BANK CARD NUMBERS, COPIES OF CHEQUES ETC.

 

 

 

(A) 15 JULY 2008

 

(B) 15 AUGUST 2007

 

© 13 JULY 2007

 

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

SEND TO WELCOME FINANCIAL SERVICES AND IND WITH IMMEDIATE EFFECT, DO IT NOW BY RECORDED DELIVERY

 

REMEMBER TO FILL IN THE CLAIM NUMBER AND YOUR NAME

[pablolfc]

Hi again,

 

as the last post I sent in the above letter on the 31st of august and got a reply from IND.

 

It reads:

 

 

 

unfortunately, point 1 of your request was unclear however, as you have been provided with statements in our letter to you 23rd august.

 

point 2 of your request:

 

payment a: was made via 240pounds

payment b: was made via bank giro

payment c: was made via bank giro

 

we hope this answers your questions.

[postggj]

so £240 cash

bank giro

bank giro

 

so no direct debit, no credit card for a real paper trail

 

this smells big time of fraud as usual

 

give it a few days for more comments but i have serious concerns on the honesty of the claimant on this

 

can you post up the statement given for those dates please

[pablolfc]

ok thanks

[postggj]

can you post up the statement given for those dates please

[pablolfc]

see post 17 for POC, it is in the attachment

[pablolfc]

sorry all statements are in the attachment on post 17.

[postggj]

they do not state that the payments were made in cash or a giro slip on the statement, so how can they say they were made that way

 

this smells of welcome creative accounting again

 

give me the weekend on this