ccj from hegarty and welcome financial

[dx100uk]

scan it up please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[michaellast]

hi dx

 

please find attached files

 

look forward to hearing back from you

 

regards

 

michael

[dx100uk]

theres over 5k of PPI there to reclaim.##dx#

[michaellast]

theres over 5k of PPI there to reclaim.##dx#

 

Hi DX

 

Thanks for the reply

Do you think I should counterclaim then for the PPI ?

 

Regards

Michael

[dx100uk]

they'll be penalty charges too I bet.

 

not sure on its use with thiscase

but andy will tie it all up for you.

 

let us know as soon as you get the full statement history

 

dx

[michaellast]

hi dx and all

 

I have just this morning received another letter back from ind ltd in response to my s.79 request which I have uploaded see what you make of it

 

 

any advice on next step please guys

[michaellast]

Hi guys

 

Any thoughts on the letter response guys

 

Really dont know what to do next

[michaellast]

hi andyorch

 

any chance you could take a look at the letter ind ltd sent to me please

 

regards

 

michael

[AndyOrch]

hi andyorch

 

any chance you could take a look at the letter ind ltd sent to me please

 

regards

 

michael

 

 

Im still waiting for you to type out the particulars of claim Michael as per my request post#17...until I know what they have plead...anything they state in response is irrelevant.

 

Regards

 

Andy

[michaellast]

hi andyorch

 

sorry must have forgotten to do that

 

heres the particulars of the claim

 

' the claimaint claims for sums due under a/various credit agreements(S) regulated by the consumer credit act 1974 entered into between the claimant and the defendant. the defendant failed to pay the contractual instalments in compliance with the terms of the agreement(s).

the claimant complied with section III and IV and annex B of the pd pre-action conduct.

and the claimant claims:

hire purchase account:

balance of as of 6/3/10

interest under s 69 of the county court act 1984 at the rate of 8% a year from 6/3/10 to 1/8/13 of £956.60 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 3.08 and cost

 

 

hope this helps

 

regards

 

michael

[AndyOrch]

Ok the fact that they have not plead the Default Notice or Termination within the particulars is irrelevant to your defence and to the process.They are within their rights to respond as they have they are not relying on it (but only in as far as the Particulars)

 

CPR 31.14 can only request the documents referred to ..as the initials stand for Civil Procedure Rules (CPR) its a civil request and the claimant is not obliged to respond....at this stage!

 

However once a defence is submitted ..which I assume you will refer to default and Termination they must respond...so you will bring them into the equation and further into the process they will have to disclose...because the process of enforcing any agreement must follow the process of the CCA1974

and that requires that a Default Notice must be served to enable this.

I must stress that getting them to disclose the DN/TN is not a defence winner and the claim will not turn on whether they can comply or not.

 

Whether they can or not though must be investigated and form part of any defence.

 

Regards

 

Andy

[michaellast]

hi guys

 

I phoned welcome this morning to see if I could find out what payments I made

 

the guy was very helpful for once

 

there were on the account 4 payments which I recognise last payment date being 26th july 07 as 1st thought

 

then he told there was a payment for £100 cash in October 07

which I very much dispute because of a few reasons

1 being I had already given the car back by then and also

I wasnt working at the time so why would I pay 100 if I had no money ?

 

I asked him who paid that cash because I didn't and he said that his system didn't have any notes on screen

 

after speaking to him I have sent a statue barred letter off to welcome (recorded delivery )

 

also a few other things after a lot of remembering

 

a couple of field agents went to my mums address in march 2007 and got my mum to ring me then got my mum to pass the phone over to them ( is this aloud)

 

and 1 other question

 

my credit file has that my account had been up to date all the time for the last 8 months when it quite clearly wasn't

and the correct numbers not entered into my credit file is this false accounting on welcomes part

 

please help guys want to start preparing my defence

 

regards

 

michael

[AndyOrch]

Hi Michael

 

Well if your last payment was 26th July 2007 and their summons is dated 1st August 2013 it would all hinge on the date of the DN or breach.Lets assume the next payment was due 26th August (which you failed to make) then that's the breach date (assuming all payments were up to date at this stage)

Therefore their summons is in time by 25 days.

 

But dont forget thats from the horses mouth so you need to verify a few points:-

 

Was the last payment 26/08/07?

What date is recoreded on your CRA files as default.?

What date would they have used on the actual Default Notice?

What date was the agreement actually terminated?

 

Regards

 

Andy

[michaellast]

Hi Andy

 

Thanks for the replies so far very useful

 

The account was not up to date

I missed the first 2 direct debits Feb and march

Then paid 320 cash 30th march

4th may 180 cash

26th may 450 cash

26th July 311 cash

 

Then they are saying that iI made 100 cash in October how do I go about proving that I didn't

 

 

The default date on my credit file shows 16th December 2008

Regards

 

Michael

[AndyOrch]

Ok so you was already in default by the 26th July and that being your last payment.The breach could have been recorded therefore in April.Your CRAS should confirm that.

 

" Then they are saying that iI made 100 cash in October how do I go about proving that I didn't "

 

You dont they have to prove you did.

[michaellast]

Hi Andy

 

All my cra's have green blocks from Feb to September saying the account was up to date .

 

When it clearly wasn't

 

Is this false reporting and can I use this in my defence

 

And can I use the field agents visiting my mum and discussing my debt in my defence

 

Regards

 

Michael

[AndyOrch]

Hi Andy

 

All my cra's have green blocks from Feb to September saying the account was up to date .

 

When it clearly wasn't

 

Is this false reporting and can I use this in my defence

 

And can I use the field agents visiting my mum and discussing my debt in my defence

 

Regards

 

Michael

 

If we can confirm that this claim is Statute Barred...the above is irrelevant as its a total defence...short and sweet.

[michaellast]

hi guys

 

how long do creditors have to respond to a statue barred letter ?

 

regards

 

michael

[dx100uk]

whatever time limit you gave them?

 

dx

[AndyOrch]

hi guys

 

how long do creditors have to respond to a statue barred letter ?

 

regards

 

michael

 

Most wont if they are aware its Statute Barred...you have caught them out.

[michaellast]

Hi Andy

 

Received letter back from wf in reply to my statue barred letter

 

As expected I received the standard proof of identity letter from them .

 

I'm ready to make my defence I'm so sure I never paid them after 26th July 07 .

Even though wf say I made a cash payment of £100 cash in Oct 07 which I never did due to already giving the car back to wf in the august 07. I wasn't in work in Oct 07 and my bank statements prove I had no money coming in or out in the October .

 

So any thing that Ind/wf produce I would be able to argue

 

How should I write my letter of defence please

 

Kind regards

 

Michael

[AndyOrch]

What date is your defence due michael ? I am currently working on a revised version of the Statute Barred defence that we advise posters to submit.

 

Regards

 

Andy

[michaellast]

Hi Andy

 

My defence is due 30th august

 

Regards

 

Michael

[AndyOrch]

Leave it with me but bump your thread say next Wednesday...I should have the draft finalised and approved by then.

[michaellast]

hi guys

 

I received another letter today from ind ltd

 

the letter being a statement of my account

 

after reading through the statement it shows that a default notice letter was never sent out in December 2008 like my credit file states

can I use this in my defence as well?

 

and also a payment for £100 cash on 9th October 07 which I never paid due to having no job or car at the time which I will use in my defence also

 

please help

 

regards

 

michael