Welcome finance/hagarty claim form with forced PPI***Claim Discontinued***

[wasowski]

ok,

 

so in theory then If there is no default does that mean they can't ask the courts for a CCJ until the account has been defaulted?

 

Looking at the ICO guidelines it would appear (to me anyway) that Welcome are intentionally providing inaccurate information on the credit file

continuously as “the lender in a standard business relationship with the individual decides the relationship has broken down”

 

- which it clearly has since they have decided to send to collection agencies and take court action.

 

I say intentionally because the amount owed has recently jumped up by £1000 since the Solicitors fees were added 4 months ago after the amount having been the same for years

- and still no default has been recorded,

 

so they have obviously updated this themselves and its not some sort of repeat operation provided by a computer somewhere every month.

 

Does this then mean that if we can complain to the ICO about them?

 

and is it worth doing,

 

will it help at all?

[dx100uk]

i'll let the legal ones ans the relevance of the no default etc.

 

it is worthy to note that welcome

or whomever are updating all cra files of people with pending court cases

to include costs & stat int claimed even Before they have won??

 

dx

[wasowski]

interesting.

 

I told you I tempted fate yesterday by updating this to say we haven't heard from them, BOOM, today a court letter has arrived with a court date of Nov 20th!

 

Can anyone advise of what we do now, there is very little information on the letter other than the date, time, the fee for Welcome to pay and that its been allocated to the small claims track.

[wasowski]

 

it is worthy to note that welcome

or whomever are updating all cra files of people with pending court cases

to include costs & stat int claimed even Before they have won??

 

dx

 

I thought they were quite presumptuous to add that too, surely that shouldn't be on there yet?!

[wasowski]

Ok, today a letter came from Welcome stating that Hegarty was no longer their solicitor and they will be representing themselves.

 

Anyone got any clues as to what this means for us? Is it worth looking to pay a solicitor to help us?

[dx100uk]

otherway around me thinks

 

it means haggy have backed out, wonder why that is....

[wasowski]

So am I to assume that we have more of a shot of screwwwing them to the walls? lol! Hopefully Welcome will send some clueless plank!

[wasowski]

Hello!

 

Am wondering how to construct a defence for the court date in November, It would have to be a pretty simple affair as my husband will be attending alone and is not as 'up to speed' as I would like.

 

Do we concentrate on the dodgy signature or do we go for the mis-sold ppi?...or both? I can look back at old documents to provide proof that my husbands signature has never changed and does not look

 

anything like whats on the agreement, I can also go back through bank statements to show that he was working away on the date it was 'signed' but im not 100% sure if I can get a transaction for that date

 

that shows where he was.

 

The agreement was made over the phone, which is when they put (forced) the ppi on. Husband cant remember what the name of the person he spoke to was. We chose the car on a Sunday and provided all

the wageslips etc then but nothing was signed.

 

Still a bit lost as to where we go from here, any help is greatly appreciated!

[wasowski]

Update:

 

I just spent ages writing out all the who what and where for court and printing three copies of each document so I can send 1 to the courts and 1 to welcome, took me hours!

 

Anyway.. as part of the documents I included a screenshot which I took last night of the Experian credit report showing the history of '6' markers instead of a default, out of pure interest I went back to Experian today and ALL of the Welcome credit reporting has been removed and the credit rating has gone up significantly!!

 

I wonder if they were trying to remove the evidence before the court date? Too late for them if they are cos I already got the evidence lolololol!!!

[wasowski]

Quick bit of help needed!

 

I am about to send everything to Welcome and the court, all the documents we intend to rely on and the defence, do I send a SIGNED copy of the defence to Welcome? I ask because I have included copies of husbands signature (official documents he has signed over the years including a tenancy agreement signed 2 months before the finance agreement was made) to show the difference between it and the signature on their agreement, so it would be very hard for them to 'lift' any signatures now seeing as the exact same copy is going to the court, he has already signed it but I can quickly print out another copy if anybody thinks it shouldnt be signed.

 

Thanks!

[AndyOrch]

You shouldnt need to submit a further copy of the defence if Northampton have already served one

[wasowski]

the last defence was based on the fact that Welcome had not provided any documents, they eventually did so we have put in a new defence. Didnt really know what else to do

[AndyOrch]

Ah ok well you can provide a copy with a statement of truth then.

[wasowski]

ok, well its not headed as anything in particular, just really a written account of whats happened and pointing out the flaws in their paperwork with copies of all the things mentioned. Hope they accept it!

[wasowski]

Right, Paul is in court NOW with these effers, they are claiming they didnt get our docs which is cr*p as they were sent recorded delivery and signed for, they even sent back a letter saying tjanks for the compalint!! now their rep is saying she will get it struck out because Paul wont let her keep his docs!

[wasowski]

The b*stards got it adjourned till next year.

[AndyOrch]

Who is Paul?

[jjandbump]

I have tried to comment, we have a similar situation nightmare

[wasowski]

Sorry, Paul is husband

[wasowski]

So, now we have to provide IND with a copy of our paperwork (again) because they claim that it has got lost in their internal mail. When Welcomes representative looked at our paperwork she even said there wasnt really much argument against it so why bother asking for an adjournment? SO peeved right now, I was hoping this would be over by now.

[jjandbump]

I'm shocked they really do try thier luck with everyone

[wasowski]

Im so angry that the judge allowed it, he even pointed out that he got his copy of the docs in plenty of time! They didnt post their docs to us until a week after the deadline!

[jjandbump]

We had judgemt entered against us without a hearing we have a set aside hearing Monday it's terrible

[wasowski]

They really are taking the mik, husband said thatb he could hear all the other Welcome cases going on around him, there were LOADS! He even heard another person who's docs had been lost in the post like ours were so its obviously something that happens a lot.

[wasowski]

BAAAAAHHHHHaaaahahahahahahahahaaaaaaaaaaaaaaaa!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Just had a letter from Welcome with a cheque for over £600 enclosed, no idea what for, rang them...apparently there was a letter sent saying that we have overpaid our loan with them and this is the amount THEY owe US!

Needless to say, we have requested a new copy of the letter...thankyou very much! :)