VT'd car through welcome, they claimed damage, lowells claim form !!**TOMLIN**

[citizenB]

So Lowells have issued a claim against an assigned debt that you have been disputing with Welcome.

 

Did they advise the account had been assigned and did you make them aware there was a dispute with Welcome ?

 

How come this debt has doubled ? Were there interest and charges being added.

 

Can you let me know the following.

 

Date of issue of the claim - top right hand corner of the form

 

and..

 

Why they say they have issued the claim ..

 

[citizenB]

I then asked her

can you send me a copy of my CCA or any information that you hold for me regarding this so called debt.

The reply was we never had any documents for this they will still be with Welcome,

If we need them we will ask for them.

Hmm, rather disingenuous, if they have issued the claim, then they need the paperwork to back it up !!

Ok,

Issue date 14th October + 5 for service = 19 October + 14 days to acknowledge = 2nd November + 14 days to submit defence = 16 November.

 

 

 

 

IMHO, your defence should be along the line of - this is not a debt owed via the original agreement. Having VT'd the vehicle, Welcome have attempted to obtain money by saying there was damage to the vehicle when it fact the wear and tear is acceptable according to BVRLA Fair Wear & Tear guide on t'internet. [This is the voluntary code published by The British Vehicle Rental & Leasing Association and allows everyone to know what to expect when returning a leased vehicle.]

 

When you asked for the copy of your agreement back in 2008/2009 (and they sent you someone else's) did you make that request via a proper CCA request that included the £1.00 statutory fee ?

 

You can mention that Welcome not only failed to comply with your s78 request, but sent you someone else's agreement (with their personal details on it).

 

You really must stay off the telephone. I doubt very much they will do anything about retrieving your Agreement until you make a proper request. I have linked you to the CPR 31.14 request that you need to send to the Solicitors.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

It needs reading carefully and amended where required. You need to send it Recorded delivery.

 

You can only ask for the following documents as these are mentioned in their claim.

 

1: the agreement

2: the default notice

3: the notice of assignment

4: statement of account showing how the balance claimed has accrued.

 

Do you have a copy of the RAC report and the photographs of the stone chip damage ? ?

[citizenB]

Am I correct in recalling somewhere it stated that if a debt has been sold on

or assigned to another dca they MUST have full documents regarding my account before taking legal action.

 

if they do not hold anything they are not allowed to then contact the original lender for these documents

as they should have been given at the time of assigning the debt to them ??

 

Thanks,

 

Simon

 

You should have been informed by either Welcome or Lowells that the account had been assigned/sold. In post 21, I have advised that you request a copy of the NoA in the CPR 31.14 !!

[citizenB]

That is very kind of you, thank you

 

I think your plan of action at the moment is to send off the CPR so that you can obtain information from the Claim form. Lets see what they produce, if anything.

 

Make sure you acknowledge by the date I gave you earlier in the thread.

[citizenB]

You don't have to question the court's jurisdiction - if they proceed with the claim it will automatically be allocated to your local court.

[citizenB]

Simon,

 

Just received your S.O.S to proof read your defence.. where is it

[citizenB]

swt, this is actually what you should be putting in a Witness statement, not a defence.

 

You would not be able to file this online as it is far too long.

 

I am just going to check when you need to submit..

[citizenB]

Ok, it looks like you have until the 16th November. Please wait until andyorch or steampowered look in with further advice on how to reduce and only put in responses to the Claim.

[citizenB]

Just brought this forward for easy reference..

 

 

 

Particulars of Claim

 

the date of the issue is 14th Oct 2013

 

the claim form states :-

 

the claimants claim is for the amount of £1565.26

being monies due from the defendant to the claimant under a credit agreement

regulated by the CCA 1974 between the defendant

and welcome financial services under account number *******

and assigned to the claimant on the 30/08/2012 notice was given to the defendant.

 

The defendant failed to maintain a contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

 

The claim also includes statutory interest at a rate of 8.0% per annum from the date of the assignment of the agreement to the date of issue 14/10/2013 being an amount of 119.19.

 

 

 

Hi,

 

My credit file shows no default registered for the account

and I have not received one from welcome either.

 

In Dec 2009 lewis group tried to chase for the same thing

and after telling them it was not part of my finance agreement only

welcome trying it on for so called damages ther response was this :-

 

 

"

Dear Mr ****************

 

With regards to your recent email.

 

We have noted the account with your comments.

 

However, we feel that your email should be dealt with by Welcome Finance.

 

We have today returned this account to Welcome Finance, please contact them with further queries.

 

 

 

Yours sincerely

 

 

Lewis Debt Recovery"

 

 

 

Si

 

 

 

[citizenB]

Oh , ok thanks I thought I could write up to 122 lines in my defence online, have I missed the point then about a defence

 

Regards,

 

Si

 

8,000 characters.. which strangely enough, you seem to be well within !!

 

In which case, you would be able to submit this online.

[citizenB]

Hi All, this is the letter I am about to file today as my defence any feedback very much appreciated.

 

"

The claimant's claim is misleading. There is no debt outstanding on the original agreement.

The Vehicle was voluntary terminated on DATE.

Welcome Finance have been attempting to claim monies by advising there was damage (make good costs) to the vehicle when it fact the wear and tear is acceptable according to BVRLA Fair Wear and Tear guide on the internet.

 

On 22.11.2008, I contacted Welcome Finance requesting a voluntary termination of my hire purchase agreement under section 99 of the CCA1974.

 

In a telephone call a few days later, Welcome Finance attempted to persuade me to extend the loan term thereby reducing the payments. This was not acceptable to me as I was still unable to afford these and insisted they accept the Voluntary Termination. They then advised they would arrange an RAC inspection prior to uplift and was I really sure I wanted to go ahead as they would charge me for any scratches or damage. I informed them the vehicle had stone chips on it when I bought it as it had covered over 85,000 miles and they never wanted an RAC inspection before they financed it, they commented that it’s not a requirement of their lending.

 

On the 24.11. 2013, I made a S78 request, for a copy of the original agreement. In response to this request, they sent a copy of an agreement that was someone else's credit agreement and which contained all their personal financial details visible. This letter was clearly addressed to my. (I have retained proof of this). I immediately contacted Welcome informing them of this, they panicked and asked could I please return it as they didn’t want to breach data protection.

 

A week or so later they eventually sent mine but no communication regarding the make good costs.

 

On the 08.12.2008 I received a letter stating further to my telephone conversation they would arrange an RAC inspection of the vehicle.

 

The RAC inspected the vehicle at my home on the 15.12.2008. After inspection the inspector asked me to sign for the so called damages which I refused as I did not accept the car required any make good costs. The scratch to the rear of the vehicle was there prior to my ownership of the vehicle and to be honest I never did anything with it as it was hardly noticeable and did not justify the cost to repair. I immediately contacted Welcome advising them that I believed the inspection to be unreasonable and I would not be paying for any make good costs. That I would be taking the car for an independent vehicle inspection myself. This was carried out on 16.12.2008 and it was confirmed the stone chips were indeed fair wear and tear for a vehicle with 113,516 miles (I have a copy of the letter). I contacted Welcome again on the 16.12.2008 as I needed them to confirm a date for the uplift of the vehicle, they advised it may take a further 2 weeks and in the meantime I needed to keep paying.

 

I reminded them the vehicle had been Voluntary terminated and they had accepted my termination. I sent a fax to the local office ( I have a copy) asking them if I could drop the vehicle off at their local office as I was concerned because we were away for a few days the following week and would not be able to keep an eye on the vehicle. The vehicle was collected by an Auction house a couple of weeks later.

 

Welcome contacted me by telephone advising I had an outstanding amount of £746.58 which were the make good costs for the vehicle, I explained to them again I would not be bullied into paying something that is not legally due, they accepted my Voluntary termination as they had previously confirmed I had paid sufficient on the HP agreement. .

 

Up to Feb 2009 Welcome would regularly call me trying to get me to agree to pay this cost or set up a repayment plan which I refused yet again. The lady said that each time they called me they would charge me for telephone calls until this debt has been paid for. I repeatedly informed them that the vehicle had been voluntary terminated and they agreed I had paid enough to go ahead with it, that I would not be bullied into repaying a debt for damages and charges for phone calls as these were unlawful charges.

 

A debt collection agency contacted me in December 2009 and having made them aware of the true facts they emailed me to say that I should discuss with Welcome as they were passing it back to them (I have the email).

 

Now in 2013 I have received constant harassment by telephone at home and on my mobile from a company called BW legal. I completely ignored their initial telephone messages to contact them regarding a debt as I owe them nothing. I cannot believe that nearly 5 years since my Voluntary termination this unfair debt is constantly being sold around and it has now escalated to £1565.26, this is unbelievable. On receipt of the claim form I immediately contacted BW legal to discuss the matter and asked if they knew what this so called claim was for.

They had no real information apart from it being money owed under a HP agreement for a vehicle with DVS vehicle solutions. I informed them I had no agreement with DVS as they were the car dealership and the lady responded by saying, oh no sorry it’s Welcome Finance. I gave them the full facts regarding this and they said they would have to go back to their client as they had no information regarding the account. I immediatelycalled Welcome Finance asking what they were doing as this was not part of my original agreement and if I owed them any monies then why had they not pursued this by sending statements, default notice, to show this so called debt. The response I received was we don’t have to send statements and we cannot discuss further as the debt has been sold on and you must discuss with them.

 

A request for information by way of CPR 31.14 was made by recorded delivery on the 25.10.13 which was received and signed for by BW legal on 28.10.13

 

On 11.11.13 I received an automated message from BW legal to contact them. When I did, I was advised that it in was in response to my CPR request and that they were waiting for documents from the claimant.

 

I have no intention of avoiding legitimate debt. This is not one and I will not be bullied into paying for something I am not liable for. . When the vehicle was voluntary terminated it had done 113,516 miles, it is to be expected that a vehicle with this much mileage would have a certain amount of wear and tear.

 

I am very disappointed that a debt collection agency has registered a speculative court claim obviously without actually seeing this has nothing to do with the original H.P Agreement and what’s more distressful is that I am not allowed to receive a CCJ in my current position at work. "

 

Ok, I have tidied it up a bit for you. IMHO, this is ok to submit.

[citizenB]

Well defence now filed online we will have to see what happens next.

 

 

thanks to everyone for all the time taken to assist me in this it is more appreciated than you will ever know.

The cycle of DCA's seems to be starting it must be that time of year I received today another DCA MKDP chasing for an old sole trader account last payment made by me 21/3/2005

 

 

This is becoming a nightmare now

 

It is my belief that they start sending "requests" around this time because they think people might have money saved up for Christmas !!

 

If the last payment to this account was in 2005, is it not Statute barred ??

[citizenB]

It pretty much means what it says, SW.. the claimant now has 28 days in which to advise the court that it wishes to proceed. If they don't, the court will simply stay (put on file) the claim.

 

Either side can make application to resurrect the claim at a later date. The longer it is stayed, the more difficult it will be for the claimant to make application as they will be asked why they have left it so long.

 

They could realise they do not have a strong claim in view of your defence and suggest that it is discontinued with both parties bearing their own costs. But that is only one scenario.

 

They could try and bluff it out.

 

The Claimant could get in touch and ask if you want to negotiate a deal. If they do, then let us know