ccj from hegarty and welcome financial

[michaellast]

Hi Andy

 

Have you had the new statue barred letter approved yet please

 

Kind regards

 

Michael

[AndyOrch]

Particulars of 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 xxxxxx 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.

 

 

#####Defence#####

 

 

1 The Claimant's claim was issued on (date).

 

2 Last payment made to this account £ xx dated 26th July 2007 with no further acknowledgement since.

 

3 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

4 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[michaellast]

hi andy/dx or anyone that can help

 

just a update I have had a letter back from ind ltd stating that they have written to the court and wish to proceed to a trial , in the meantime I updated my credit file to find that welcome finance are reporting my current balance including the county court interest and solicitors fees as well are they aloud to do this as surely the judgement has yet to be heard in court ?

 

any help please guys

 

regards

 

Michael

[AndyOrch]

They can report it...just shows what type of company they are...however as you state that debt is yet to be proven so when we get to the DQ stage we will then throw in false credit reporting...inflation of debt ...inflation of assets.....false accounting

Im sure I can think of a few more by the time it/if arrives.

 

Andy

[dx100uk]

you are the 2nd this week to report that about welcome already adding the non judged court 8% int to the cra file

 

dx

[michaellast]

hi andy /dx

 

many thanks for all the help so far

 

I have today just received the directions questionnaire ( form N181) from the court

just wondering how to go about this form and going for the kill as am really fed up with these idiots now

 

kind regards

 

michael

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?391771-County-Court-Claim-Form-Loan-From-HSBC-MKDP-LLP-Claimant/page3

 

Post #48 michael

[michaellast]

hi

 

cheers andy

 

just to clarify do I need to send this completed form to the court and ind ltd or just the court

 

regards

 

michael

[AndyOrch]

Its deemed civil to serve a copy on the claimant and visa versa.

[michaellast]

hi andy

 

as you can probably tell ive never had to do anything like this before

 

when I send the court and ind ltd the n181 form do I have to send any evidence or statements or anything or just the form for now

 

many thanks with all the help so far

 

kind regards

 

michael

[AndyOrch]

No you only serve a copy of the DQ michael...you can hold on with the claimants copy until the death and wait to see if they serve a copy on you first.

[michaellast]

hi andy

 

on my DQ in the space any other information for the judge can I add the information in post #55

inflation of debt etc...

 

and also after checking my credit files again I have noticed that my last payment was made in the july 07 but welcome finance didn't default the account until December 2008 is this aloud ? they just kept putting in 1,2,3,4,3,2,1, missed payments surely this is mis leading aswell

 

kind regards

 

michael

[AndyOrch]

No...you retain that for your Witness Statement...the DQ is not further opportunity to extend a defence.

[michaellast]

hi andy

 

many thanks for that .

 

what would you advise in regards to the defaulting of the account with welcome keeping it going ?

 

regards

 

Michael

[AndyOrch]

In general default markers should be placed at latest 3 months after default there is no exact timing by law but check out the ICO website for guidance.

 

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

 

Look as this is Welcome you can expect everything to be wrong...but the above is a side issue to defending this claim... but you can raise it at the appropriate time.

[workingknines]

Michael hi'

 

Interested to see how this goes, as I am about 5 weeks behind you at this stage regarding IND and welcome finance

 

Just received there letter saying they had written to court ref going to trial.

 

Best of luck

 

WK

[michaellast]

hi andy / dx / anybody who can help

 

I have now progressed with this issue

 

welcome missed the original date to reply with the dx form and they were then sent a order from the court in which they received another 7 days to get the dx form returned and of course this being welcome they have now returned the dx form and also a change of solicitor form as well

 

is there anyway that I can contest welcome getting another 7 days to return the dx as I think its a bit unfair because they clearly missed the date by a long time ?

 

and also they have wiped the records with Experian and call credit cra so clearly trying to hide evidence but ive already printed what I needed

and with Equifax the record now shows no finance company to who the file is with .

 

is this it defo going to court ?

 

please help

 

kind regards

[workingknines]

Welcome finance have removed my default as well.

 

I did read somewhere that due to complaints ref false reporting they took decision to have all defaults from cra removed.

 

WK

[michaellast]

Hi Andy

 

Can you help with questions in post #67 please

 

Kind regards

 

Michael

[AndyOrch]

hi andy / dx / anybody who can help

 

I have now progressed with this issue

 

welcome missed the original date to reply with the dx form and they were then sent a order from the court in which they received another 7 days to get the dx form returned and of course this being welcome they have now returned the dx form and also a change of solicitor form as well

 

is there anyway that I can contest welcome getting another 7 days to return the dx as I think its a bit unfair because they clearly missed the date by a long time ? Afraid not its at the courts discretion

 

and also they have wiped the records with Experian and call credit cra so clearly trying to hide evidence but ive already printed what I needed

and with Equifax the record now shows no finance company to who the file is with .

 

is this it defo going to court ? Its proceeding that way but a claim can be pulled anytime up to the day before trial date so see what transpires

 

please help

 

kind regards

 

Regards

 

Andy

[michaellast]

hi dx

 

my credit agreement is from before april 2007 how do I know if its unenforceable or not ?

 

kind regards

 

michael

[michaellast]

Hi

 

Am I right in thinking and believing that a credit agreement has to be dated by the customer to be enforceable ?

 

Please help guys

 

Kind regards

 

Michael

[michaellast]

hi andy

 

after a lot of reading tonight am I right in understanding that if a creditor did not issue a default notice for the correct default date the debt is unenforceable under section 127 and section 111 of the consumer credit act 1974

 

regards michael

[AndyOrch]

Hi

 

Am I right in thinking and believing that a credit agreement has to be dated by the customer to be enforceable ? No

 

Please help guys

 

Kind regards

 

Michael

 

hi andy

 

after a lot of reading tonight am I right in understanding that if a creditor did not issue a default notice for the correct default date the debt is unenforceable under section 127 and section 111 of the consumer credit act 1974

 

regards michael Can you clarify what you mean by "for the correct default date "?

 

 

Regards

 

Andy

[michaellast]

Hi Andy

 

My credit file showed a default date of 16-12-2008

Which has now been wiped off . trying to cover up evidence I presume

 

And welcome,Ind ltd have my default date as 06-03-2010

Which is stated 'letter' on my welcome statement and nothing is stated for the 08 date

 

 

Does this change anything ?

 

Kind regards

 

Michael