Claim form Carter/Lowell - welcome finance debt

[apptitude]

Hi there

 

Firstly apologies I'm sure this has been done to death but I'm feeling very stressed

and I want to make sure I do what I can to get get this stopped or at least to mediation.

 

I also have no idea what this debt is,

it seems to relate to Welcome Finance who I suspect may have been a cheque cashing service

I used a while back and refused to pay some unfair fines around £300.

The claimed amount is £5057

 

is there a simple list of stuff I need to do.

I have registered on money claim

but I'm not sure who I send the CCA letter to?

Ie To Bryan Carter or Lowell?

There is reference to a Welcome finance account ref but nothing else from them.

 

also what do I put in the moneyclaim defence box?

 

Please help

Edited August 17, 2014 by apptitude

[BRIGADIER2JCS]

Hi welcome to CAG,

 

Please give us some more detail:

 

What are the particulars of the claim?

From when did this account originate?

Does any such debt appear on your credit reference file?

 

Welcome Finance Was a subprime finance company, greatly involved in motor finance and HP.

The company is now run by administrators and exists only to collect its book debt.

 

Ignore Carter send CCA request to Lowell.

 

Above all do not admit liability in any way, and do not be tempted to phone Lowell.

[theoldrouge]

Hi apptitude and welcome to CAG,

 

please read and answer the following thread-

 

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

[apptitude]

Thanks I guys I honestly don't know where this comes from. I was in debt a few years ago with banks and a few bits and pieces but not for this amount. There was an HP debt with motorbike financer but that was on my credit report and expired earlier in the year showing "settled". There is nothing in my credit report from Lowell or Welcome though there are numerous searches by Lowell. Could it be the motorbike one bought by lowell (I think there was 3.5k owing but this was around 6 years ago)?

 

I have CCA ready to send to Lowell tomorrow and I have done the AOS on moneyclaim.org.uk.

Edited August 17, 2014 by apptitude

[apptitude]

This is exact wording of the claim:

 

The claimants claim is for the sum of 4748.83

being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974

between the defendant and welcome finance under account reference xxxxxx and assigned to the claimant on xx/09/2012.

 

Notice of which has been given to the defendant.

 

The defendant failed to maintain contractural repayment under the terms of the agreement

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

 

The claim includes statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum

(a daily rate of 1.04) from the date of the assignment of the agreement to date of the assignment

of the agreement to date but limited to a maximum of one year amounting to 43.72

[BRIGADIER2JCS]

Thanks I guys I honestly don't know where this comes from. I was in debt a few years ago with banks and a few bits and pieces but not for this amount. There was an HP debt with motorbike financer but that was on my credit report and expired earlier in the year showing "settled". There is nothing in my credit report from Lowell or Welcome though there are numerous searches by Lowell. Could it be the motorbike one bought by lowell (I think there was 3.5k owing but this was around 6 years ago)?

 

I have CCA ready to send to Lowell tomorrow and I have done the AOS on moneyclaim.org.uk.

 

 

The account will be shown as settled as Lowell have settled it by purchasing the debt.

Have you any idea when the last payment was made or when the account was defaulted.

Lowell should have reported the account to CRA files when they acquired it, how recently have you checked the CRA files?

Use on of the mainstream CRAs as the free one Noddle is not always reliable, the same goes for others that use "2nd Hand!" data.

[apptitude]

Ah looks like this could be the source. This is a little annoying as had I known it wouldn't have got to this stage.l as I don't recall ever doing business with welcome finance. So I assume welcome bought the debt from black horse the original finance.

[BRIGADIER2JCS]

Ah looks like this could be the source. This is a little annoying as had I known it wouldn't have got to this stage.l as I don't recall ever doing business with welcome finance. So I assume welcome bought the debt from black horse the original finance.

 

 

Hi aptitude,

Personally I know of no connection with BH and Welcome never have been debt buyers.

However I do know of cases where a Dealer (motor trade) has attempted to obtain finance for a client via a mainstream lender such as Black Horse when this has been unsuccessful the dealer make an application to a sub prime lender such as Welcome

without the clients knowledge.

 

 

I really think you now need to send a Subject Access Request to Welcome, there is a template in the CAG library.

You must enclose the statutory fee of £10 (use a postal order marked " for statutory fee only", leave the payee blank).

 

 

Welcome have 40 days to comply. Use signed for post and check delivery date the 40 days start at this point.

 

 

Have you sent the CCA request to Lowell? Do not send it to Carter he will return it to you.

Have you acknowledged service of the claim?

[apptitude]

Hmm ok. The previous debt was definetely with bh and this was shown in my experian credit report. Yes I have done acknowledgment of service and will send cc a request to lowell at lunch time. I'll do the subject access this evening. Thanks for being so helpful.

[BRIGADIER2JCS]

Hmm ok. The previous debt was definetely with bh and this was shown in my experian credit report. Yes I have done acknowledgment of service and will send cc a request to lowell at lunch time. I'll do the subject access this evening. Thanks for being so helpful.

 

 

Happy to help!

 

 

It does seem that there is something wrong here!

Just come back to the thread if you need assistance.

[apptitude]

HI I just wanted to update and ask if I should be submitting a defense?

 

The issue date of the court claim is 13th September 2014.

 

So far I have head nothing from Lowell for the CCA which was recorded as delivered on 19th August.

 

Welcome replied to the subject access request on 27th August saying that they could not satisfy my request as they could not verify my identity and wanted a copy of identification.

 

I sent this and this was delivered on the 29th August.

 

I'm just a bit worried that I won't hear anything in time and as I understand it I need to submit a defense within four weeks of the issue date. have no idea what to put!?

[Ganymede]

You MUST file your Defence on time no matter what documents you do or don't receive.

 

Do not miss it.

[ims21]

 

The issue date of the court claim is 13th September 2014.

 

 

 

 

I think you mean it was issued on 14 August? If so then your defence is due by 15 September so you have some time.

 

Don't wait around for the SAR response, that is highly unlikely to be provided in time.

 

Post #3 above referred you to information....did you do a CPR request? If not it might be an idea to get that off ASAP.

 

If they haven't responded to the CCA request then that should prohibit them from enforcing this in court.

 

Have you actually established what this debt is for?

 

Are you saying with absolute certainty that you have never had dealings with Welcome Finance?

 

It might be worth a phone call to Welcome and quote the alleged account reference number to see if you can glean more information.

[apptitude]

Hi yes the 13th August is issue date!

 

Yes I am saying I do not recall having had any dealings with Welcome Finance. I will call them Monday to see if I can find out more.

 

Apologies for my ignorance what is a CPR request and how do I do it?

[ims21]

Hi yes the 13th August is issue date!

 

Yes I am saying I do not recall having had any dealings with Welcome Finance. I will call them Monday to see if I can find out more.

 

Apologies for my ignorance what is a CPR request and how do I do it?

 

 

CPR request here.

 

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

 

Also start reading around other cases where the "No Paperwork" defence has been used and start compiling yours.

 

You need to know whether you have had an account with Welcome or not. You cannot put in your defence that you don't recall having one but if you absolutely, 100% have never had one then it would seem to me that this claim has been issued to the wrong person and that could then be incorporated in your submissions to the court.

 

As Ganymede has said, you must not miss the deadline for filing a defence.

[apptitude]

Hi another update. I just spoke to welcome finance and they said they have two accounts in my name and old address for personal loans. I can now categorically say this was not me so my only guess is this identity fraud. Where does this leave me?

[BRIGADIER2JCS]

Hi another update. I just spoke to welcome finance and they said they have two accounts in my name and old address for personal loans. I can now categorically say this was not me so my only guess is this identity fraud. Where does this leave me?

Report to Action Fraud.

Have you made a SAR to Welcome?

[apptitude]

Ok thanks. Yes I have made SAR request to welcome they said it will be processed within 40 days from around 28th August. In the meantime I have to fill in a defence while I wait for this info. Can you tell me what I should put.

[BRIGADIER2JCS]

Ok thanks. Yes I have made SAR request to welcome they said it will be processed within 40 days from around 28th August. In the meantime I have to fill in a defence while I wait for this info. Can you tell me what I should put.

 

 

Hi, has anything been supplied in regard to the CCA request to Lowell?

 

 

I would on the understanding that these are not your accounts send a CCA Request to Welcome.

 

 

I think your defence is " no paper work" and "no knowledge of" of any such account with Welcome.

e.g. I xxxxx xxxxxxx Am not now nor ever have been a customer/client of Welcome Finance Ltd.

 

 

Did Welcome give you any details such as when the account (s) was/were opened.

Also these loans will have been paid into a bank account, clearly not your account so get statements from your bank for the period around the start dates of the accounts.

 

 

As ims21 has suggested have a look around other threads n Welcome and the " no paperwork" scenario.