Claim Form Cabot/Mortimer - old Welcome Finance 'debt' ***Claim Discontinued***

[hammyhound]

We have an unsecured loan and HP with them. I have just received a statement for the HP and it is showing capitalisation and default interest.

 

Last year we didn't pay for 1 month so technically we are in arrears by one month. The statement looks shocking as each month they charge £10 per letter, and then capitalisation and default interest.

 

I am doing a SAR for both of them and will probably need a bit of help once it is received if we get anything.

 

We are still making the correct monthly payment although the balance has not really come down since last April due to the various charges.

 

We bought the car in November 2007 so I think they will need a court order to repossess the car. OH is panicking that they will come and take the car away as he needs it to get to work.

 

All this because we didn't make a payment for 1 month - disgusting!!

 

HH

[Guest wino]

Hope you manage to sort this out Hammy:)

[ozzywizard]

When your SAR comes through give me a nudge to check all this for you. priority is getting your agreement on here for us to check. If you have paid over a third they do need a court order.

[beyondhope]

Disgusting sounds about right hammy hope the sar comes back asap

[hammyhound]

We took a loan out of £2000 nearly 3 years ago. It is due to expire in January (on the top of the agreement it says duration approximately 3 years)

 

I could not believe it when I enquired about the balance as I thought we might be able to pay it off early. They say we owe £1800:jaw:

 

From what I can see on the statement they add interest every month which is nearly our monthly repayment. I know we missed a payment some time ago so they have also added charges etc.

 

Does anyone have a template letter I can use to send to welcome asking for all the charges back. I cant believe this is all charges.

 

We were not told at the time of signing for the loan that interest is put on the loan monthly, All we got told was the monthly figure would be £114 and would end in January 2012.

 

By my calculation we have paid them up to now £3306 and if like they say it was due to end in January 2012 we would have paid them over £4000 which is probably about right but according to their calculation we have only paid them £200 over the two and a half year period.

 

Should I put in a complaint letter to set the wheels in motion.

 

HH

[firstship]

Hammyhound Hi.there are as you have probably found already huge threads concerning Welcome.

 

On the agreement what was APR that you accepted? As I read it the interest rate is very high.

 

Do you have PPI with them?

 

Have you all the statements from day 1 for this loan?

 

regards FS

[hammyhound]

Hi firstship thanks for dropping by. We have most of the statements but will probably do an SAR.

 

The interest rate is 71.5%

 

Yes I know extortionate.

 

As far as we were aware we pay £114.34 every month for 3 years. The loan agreement does state "duration of agreement 36 months. So by rights at the end of the 3 year period we would have repaid the loan. I do know we owe 1 extra month which I didn't mind paying at the end but to be given a figure of £1800 with only 8 months to go on the loan is shocking.

 

HH

[firstship]

HH yes you need SAR so that you are aware of all the charges,then claim back these,it will reduce your outstanding balance

 

If the agreement states 36 months then I would challenge this,see what their reaction is.

 

Did you have PPI?

 

If you missed just 1 payment or it was paid late it should not have added that much in the way of charges,or are they still hitting you each month for the one payment missed?

 

Regards Fs

[hammyhound]

1 payment missed so we are always 1 month behind, couldn't afford to pay double the following month. There is every charge under the sun there but as you say surely this is not all charges, must be the extortionate interest as well.

 

Will SAR them and see what comes back.

 

HH

[firstship]

HH Yes get the SAR underway and then work out all the charges you can recover,keep us in the picture

 

Regards FS

[hammyhound]

Took out a Welcome loan 3 years ago.

It was for £2000 over 3 years.

Only missed one payment so therefore 1 month behind in arrears.

 

 

Made a complaint to them to which they refunded all the charges no questions asked.

Not too sure whether all the charges have been refunded but as we have now made 35 payments

with our last payment at the end of this month. 36 months and have paid to them what is on the credit agreement.

 

 

They say no sorry there is £1000 left even with the charges refunded.

 

 

So therefore they say I should made another approximately 12 payments

and therefore the full amount payable is £5400 whereas the credit agreement say £4100.

 

Have decided not to pay them a penny more. Our account is with the complaints department who don't seem to want to do anything.

 

I know we will get the usual 6 times a day calls but what other consequences.

I would hope that if it went to court judge says how much have you paid, the whole amount on the credit agreement sir, well then WF what extra do you want.

 

I will certainly not pay them another penny.

 

HH

[ims21]

Have you got all the statements and the original agreement?

 

If so you should be able to see how the loan has progressed and where the discrepancy is.

 

If you haven't got that information I would SAR them

 

ims

[hammyhound]

We took out a loan of £2000 in December 2009 over 36 months.

 

All being good except in May 2010 we could not make the payment and telephoned them up.

They said "as long as you continue your payment every month the payment can be made at the end"

 

 

We then made all payments on time and even the payment at the end of January 2012 which would tie in with 36 payments.

 

February comes and they telephone to say "wheres your payment".

 

 

We say sorry loan finished they say "you owe us £800".

 

 

Not a chance I say please send us a breakdown.

 

 

Official complaint letter received from Welcome Finance in April.

 

This is the jist of it.

 

You ask us for a breakdown I can tell you that as you did not make a payment in May 2009 charges have incurred since then.

 

Your first payment should have been 2nd January 2009 but as you changed the date to the end of the month

your account was always in arrears so charges have incurred there as well.

 

BTW when we took out the loan the local branch manager who has long gone told us

"if you need to change the date ring Welcome up and change it,

as long as you make the payment within the month" which we have always done.

 

The letter does not give any breakdown of how the balance is made up.

 

I also note that since I made my complaint they have added charges as today

I receive a Default Notice arrears £820 ish balance £880. Cheeky sods.

 

All this balance is charges as I have paid what is on the credit agreement.

 

Does anyone have any advice.

 

HH

[hammyhound]

116 views but no-one can help:violin:

[meandbex]

Do you have any of your financial statements?

 

If not, in my imited knowledge I would suggest sending off a SAR request with the statutory fee of £10.

[hammyhound]

Received a claim form today from Mortimer.

 

Having previous experience a long time ago ie over 4 years just wish someone could help with the procedure and I am going in the right direction.

 

a 3 year loan with Welcome (£2000).

 

 

After about 2 1/2 years noticed it was not coming down so rang them.

 

 

Was told that a payment was missed but I could pay at the end which we did.

We made the final payment in the January rather than December.

 

Still hadnt come down.

 

 

Spoke to them to be told there was £899 due to the fact that that we had changed the payment date to be set at the end of the month

rather than the middle and oh and yes the missing payment.

 

 

Told them to stick it where the sun doesnt shine.

 

 

Cabot get involved and ignored them,

then Mortimer stuck their ugly heads in and

today receive a claim form.

 

 

I did write to Welcome a long time ago asking for a breakdown but they did not reply.

 

Have I got a good defence here,

they never told us that we would incur charges for changing the payment date.

This amount is entirely charges and

I can prove to them that we made 36 payments as requested on the agreement.

 

I think Cabot have the agreement as they mention the date of the agreement on the claim form

and oh yes there is gap insurance on the agreement of £500 (we also have a copy)

 

Any pointers please.

 

Hammyhound

[honeybee13]

Hello there.

 

It will help the guys to advise you if you read this stikky and post the details they need. [if you're in Scotland, it's a different stikky.]

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

HB

[dx100uk]

you should of gotten that reclaiming done years ago

several old threads merged for history.

 

 

dx

[hammyhound]

Thanks for merging DX, couldnt for the life of me find my original thread for this one.

 

I did SAR them all those years ago and they never sent anything.

 

I will acknowledge service online for the time being and send the CPR letter. When I received the letter from Mortimer Clarke weeks ago I sent them a letter to say that this was in dispute but obviously they totally ignored this.

 

Will have to dig out everything relating to this loan - still have the agreement.

 

I do have bank statements showing every payment made ie all 36 of them.

 

Just wanted to check that the CPR had not changed from years ago and I am still using the same procedure of acknowledging, CPRing them and filing a defence. I know I cant file an embarassed defence anymore but will post on here my defence. Want to do this before Christmas rather than waiting until the New Year.

[dx100uk]

nothing to stop yous ending a CCA request hammy

prob the more important one than CPR which tends to be ignore by most now.

 

 

dx

[hammyhound]

Had a letter from Mortimer Clarke today,

 

 

they are taking their client's instructions after I sent them a CCA request letter

and informing them I have lodged my AOS.

 

 

They say they will give me a 28 day extension to file my defence in the meantime and I am to contact the court with a copy of their letter.

 

 

I thought I had 28 days to file my defence (33 days from date of issue providing I file an AOS)

 

 

and this is what I was going to do in the first week in January. Are they trying to confuse me?

[dx100uk]

no they are saying that if you want

you can have an additional 28days as THEY went to court without paperwork

hoping you wouldn't defend giving them a default judgement.

 

 

you've called their bluff and they now need to waste money on a claim they might not win now.

 

 

you file ON TIME regardless

 

 

why give tHEM more time to conjure up paperwork and find something to hang you with?

 

 

dx

[dx100uk]

post 17 link please

 

 

dx

[hammyhound]

What is the claim for

 

 

By an agreement between Welcome Finance and the Defendant on or around _____ 2008 "the Agreement"

WLCF agreed to loan to the Defendant monies under the terms and conditions set out therein.

In breach of the Agreement the Defendant did not pay the instalments as they fell due and

the Agreement was terminated.

The Agreement was assigned to the Claimant on ______ 2014.

The Claimant therefore claims approximately £900

 

What is the value of the claim? £900

 

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

 

When did you enter into the original agreement before or after 2007? After 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. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? possibly

 

Did you receive a Default Notice from the original creditor? Not aware

 

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

Yes starting getting them one a month at £12.00 plus interest until Cabot took over

 

Why did you cease payments? Did not all payments were made

 

What was the date of your last payment? January 2012

 

Was there a dispute with the original creditor that remains unresolved? Yes, of how the figure now claimed was arrived at even though all payments were made

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

The above is just to keep people in the loop.

The figure claimed is entirely charges which were arrived at as detailed in the above.

Just because we changed the date of the payment to the end of the month and missing one payment

and being told to pay at the end this is how the figure came out.

I did not receive a notice of termination as all payments were still being made.

 

filed my defence after receiving nothing.

 

 

Court letter confirms service on the Claimant of my defence early last week.

 

 

Letter arrives

"we are taking our client's instructions on your defence so we will put the matter on hold"

which I think means

"we have not got any documents and are just stabbing in the dark here

- we are not even sure when you took the agreement out

- our client has only got word that that was the approximate date.

 

 

Surely when an assignment takes place all documents are passed over to the debt purchaser - or are they.

 

If I hear further I will keep you informed.

 

Thanks for looking

 

HH

[dx100uk]

debt buyers get nothing but a line in a spreadsheet.

 

 

they issue claims hoping for a non contested default judgement

thus they don't expect to have to prove anything.