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Welcome finance and Ind ltd - claimform received


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Question

 

CCA section 77a states debtor not liable to pay interest or other default payments,

in respect of any period of non compliance when a statement is due but has not been sent(Annual statement of account).

 

Nor will the creditor be able to enforce the agreement.

 

Does this mean the whole debt is un enforceable or just interest.

 

Possibly looking at this for a defence as I have never received an annual statement from welcome finance.

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The whole debt WK.

 

Andy

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Received response to my SAR request today from IND LTD ref welcome finance.

Basicially it is headed Hire Purchase Statement.mad2.gif

 

Not sure exactly what should be in here but I stated in my sar request I wanted copies of everything relating to this account.

 

there is no signed agreement no copies of annuall statements no default letter(although there is a £10.00 charge for a letter.

 

On statement there is a lump charge for ppi had I knew about this it would have been cancelled.

 

They have added collision call.

Gap insurance

Emergency recovery all these are migrated???

Mechanicial breakdown insurance.

And finally ppi.

Charges for above come to just over 2k.

Can anybody help advise please as to what my next course of action should be.

 

Thanks in advance

Edited by workingknines
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Good morning sir.

 

SAR sent to Ind ltd who passed it to welcome,Dx stated it should have been sent to welcome.

Welcome then replied saying they wanted proof of id this was duly sent back to Welcome with the postal order and an amended copy of sar request.

 

Which I received a reply to yesterday.

 

Thanks

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Was this direct from Welcome or did the data go to Ind first then forwarded to you?

 

Not that I'm suspicious of course:madgrin:

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It appears to it went to IND first then forwarded to myself as it is on there headed paper and not welcomes

PO Box 1293

 

Header page Saying we write in connection with case no xxxx

 

On the first page of the Hire Purchase Statement address is IND Phase 4 litigation and the welcome finance address in Ruddington.

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ok well we have the SAR data we need do whom sent it is now immaterial.

 

not sure if andy needs you to actually do anything with this data to

help in any defence [spreadysheets will be easy to do for the whole lot listed inc PPI

look like they fleeced you blind and will easily outweigh the claimed bal several times over]

 

i'll let andy comment first.

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your defence is due on the 10th WK?

 

Regards

 

Andy

We could do with some help from you.

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Sorry just a very quick observation

 

have just checked my credit file and

 

welcome finance have added the interest to the default balance.

 

There has been no judgement on this yet are they allowed to do that.

 

So balance on credit file is now same as amount they are claiming at court.

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what they've added the stat 8% claim in the PoC?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi

Just looking through my Sar that I have received from Welcome Finance.

 

All letters they claim to have sent via there log are unsigned is this usuall or have they just pulled them from archives.

 

secondly only have 1 £10.00 charge for a letter.

 

Wk

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They will have printed two or more copies when the letter was produced, there is no need to sign file copies.

 

Not sure what you mean by the 1 £10 charge for a letter, do you mean an admin charge?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for prompt reply.

 

Purely states a date then says letter then a £10.00 charge.

 

Anyhow as things stand now I had to put in my defense by 16.00 today.

 

So have gone with section 77a of the cca as I can honestly say no such statements ever received other wise I would have noticed all the insurance that was piled on to account.

 

So will have to wait an see.

 

regards

WK

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  • 5 weeks later...

Good morning'

 

Well update time received a letter yesterday from IND LTD,stating the claimant does not accept my

defence/part admission

 

Therefore they would like the case transferred to my local county court in order to proceed to TRIAL.

Any thoughts ideas or advice as to what happens next would be most helpful.

 

If IND are a DCA why are they writing to me and passing on letters from welcome finance who are the claimant as stated on original papers received from court

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This situation has just been raised in another thread.

 

Welcome are the Claimant and the Solicitor is not IND, but they have responded to a CPR request !

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Have not requested any info from IND.

Claim form only states welcome as claimant and hegarty as solicitor,s

Remaining balance on this account is purely insurance charges ppi gap emergency recovery etc etc.

 

I think it is totally disgusting these people can take you to court for money outstanding that was as far as I am concerned added to the account fraudulently therefore illegally

 

Cheers

 

WK

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Pretty sure Hegartys are IND. (next desk along)

 

Regards

 

Andy

We could do with some help from you.

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Certainly in the same off building in Peterborough but Hegartys seem to be independent with offices elsewhere.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Dig deep you will find a connection:eyebrows:

We could do with some help from you.

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Dig deep you will find a connection:eyebrows:

 

I did 48 the Broadway Peterborough.:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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