IND/Welcome Finance - Claimform

[Grizza]

Hi,

 

I am being taken to court by IND/Welcome

 

they issued a Claimform

 

I have replied stating that as far as I was concerned the loan was repaid!

 

Here is my defence, and I'd like your opinion;

 

* In 2010 I recieved a cheque from welcome for about £3,000 for mis-selling of PPI,

if the loan still had an outstanding amount, why did they not use this toward the repayment of the loan, as my other Credit cards had?

 

* At the time, and months afterwards my credit file showed all the loans I had with welcome were "Settled".

 

* I recieved sometime afterwards (about a year) a letter saying that I owed £5,900 (approx),

i wrote back requesting a wriiten copy of the Credit Agreement, which they never replied to, however I do not have proof of posting!

 

They are disputing this and say I owe the money (I did have this loan with them),

and have now added another £1,700 to the loan and more charges, making my loan owing to over £8,000!!!

 

they have written to the Court asking this to be heard, and

 

I think they are going to really fight this,

 

whats your opinion, and

 

what can I do!

 

I don't want another CCJ, as I have just cleared my final one,

 

i am also not in a position to pay this.

 

I did think this loan was cleared as after receiving the payout,

 

i heared nothing for a couple of years.

[Grizza]

Hi,

 

I am going through a court case with IND,

 

who are collecting on behalf of Welcome Finance.

 

I have gone through all the CCA requests, etc, and they seem to have everything 100% ok.

 

However,

I have never agreed or have a contract with IND,

 

would I have a case of having this case thrown out due to the fact that I have never elgally entered into an agreement with IND?

 

Just trying to find a way of either winning this case or having it thrown out.

[dx100uk]

ah stop reading those FOTL sites

 

no chance

 

tell us the full story please

[fkofilee]

Dont listen to DX100Uk... Hes not a supporter of the movment while the rest of us are... Oh wait... Im on CAG.... Change Masks

 

Im kidding about the above, but we need more info. If it was a welcome loan have you tried to reclaim all penalty fees, etc etc

[citizenB]

Hi,

 

I am going through a court case with IND,

 

who are collecting on behalf of Welcome Finance.

 

I have gone through all the CCA requests, etc, and they seem to have everything 100% ok.

 

However,

I have never agreed or have a contract with IND,

 

would I have a case of having this case thrown out due to the fact that I have never elgally entered into an agreement with IND?

 

Just trying to find a way of either winning this case or having it thrown out.

 

If the account was assigned to IND, then they are the new owner of the debt and are legally entitled to pursue you for the outstanding balance. However, if you were never advised that the account was assigned to them, then you might be able to challenge their standing in the case..

 

I am a little confused as to why you are asking this question, given that you claim to know the banking and credit industry very well ???

[Grizza]

I do know the credit industry very well, and helped people get back on their feet,

obtain bank accounts, cards, etc, even with poor credit,

 

I have also dealt with may payday loans companies and won,

however I let this case go, and I should of dealt with it earlier.

 

I had about three loans with Welcome, the last one I had I defaulted on due to redundancy.

 

i claimed back PPI fees and received a cheque for over £3,000.

I didn't understand why they didn't take this off the amount owing, as all my other companies had?

 

i didn't hear from them for a couple of years, then i recieved a letter with a statement saying I owed about £6,500.

 

All my credit file entries stated all my loans were settled!

I wrote to them asking for a written CCA, but didn't receive a reply, however I have no proof.

 

They have sent me statements, some of which are incorrect, they have assigned the debt to IND,

who have issued me with a Summons, which I am fighting in Court.

 

I want to know the best way to go with this as I do not want a CCJ on my credit file.

 

I have also send Data Protection requests, etc.

 

I have used the legal route of DC's companies not having legal rights and won before,

but this is usually done before any summons.

[dx100uk]

can you fill this out please:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

so you have since the claim has been issued

 

sent a CPR & a CCA request

 

and they have supplied all they need too?

 

dx

[Grizza]

Yes, they seem to of replied in the correct manner.

 

 

However, they have sent me a couple of statements which are incorrect and

 

 

yesterday they sent me a copy of a revised credit agreement with Welcome,

 

 

but it had no signatures on it!

[Grizza]

What is the value of the claim? £8,000

Is the claim for a current or credit/loan account or mobile phone account? Old Loan

When did you enter into the original agreement before or after 2007? In 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Being dealt by IND

Were you aware the account had been assigned – did you receive a Notice of Assignment? No sure!

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments:- Financial Problems

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes

[Grizza]

I have recieved a card from APS, and I was expecting a delivery from a catalogue company. So I called them and asked them to deliver my 'parcel' at work. It turned out to be a Court Order requiring me to attend the County Court to prove my financial situation.

 

Has this been done legally? Why did the court not send the papers?

 

where do i stad with this? I have an ongoing issue with Welcome Finance.

[unclebulgaria67]

I have recieved a card from APS, and I was expecting a delivery from a catalogue company. So I called them and asked them to deliver my 'parcel' at work. It turned out to be a Court Order requiring me to attend the County Court to prove my financial situation.

 

Has this been done legally? Why did the court not send the papers?

 

where do i stad with this? I have an ongoing issue with Welcome Finance.

 

It would be up to the claimant to evidence that you had received the court order and knew you had to attend the court. If you don't attend the court and cooperate with the court, it is potentially serious i.e contempt of court.

[dx100uk]

posts moved on to your own existing thread.

 

ok can we resit please and can you tell us what you have done

with this claimform since 19th August?

 

it appears nothing...

 

did you send ind a CCA request after your received the claimform

cause I bet this is a refinance agreement that was done by a welcome member of staff over the phone

so IT WONT BE SIGNED BY YOU.

 

if this is the case ..end of problem.

 

have you phoned the court or looked at your credit file to see if

[as I suspect] theres already a CCJ by default now

 

hence the SD coming to enforce it?

 

dx

[dx100uk]

be nice if you updated this thread as you are around?

[Grizza]

Well I went to court and they won.

They had at first claimed that they did not have a copy of the Credit agreement, but when they appeared in court had one typed out without my signed signature.

It was typed.

I argued the case, but they judge said they didn't need one!!!

 

I went into a monthly agreement of paying £15.00 a month.

However now I have Barristers looking into the case.

Not cheap, but hopefully worth it.

[dx100uk]

that was naughty for the judge to allow that on the day..

 

still got the stuff they sent?

[Grizza]

Yes I have.

[dx100uk]

scan up the agreement and the T&C's to ONE multipage PDF then please

read upload