welcome/ind claimform - now at WS stage

[dx100uk]

then you are liable to the remaining money

 

 

you got had.

 

 

and got done over for repo fees too I bet.

 

 

get that link running please

http://www.consumeractiongroup.co.uk...-December-2014**

[beady]

I hope I have done this correctly dx, sincere apologies if not, it must be frustrating for you trying to help if I'm not doing as you have asked.

 

Name of the Claimant ? Welcome Financial Services Ltd

Date of issue – 23.05.2013

What is the claim for –

 

 

the claimant claims for the sums due under a/various credit agreement (s) regulated by the Consumer Credit Act 1974

entered into between the claimant & the defendant.

The defendant failed to pay the contractual instalments in compliance with the terms of the agreement (s).

The claimant complied with section iii an iv and annex B of the PD Pre-action Conduct.

And the claimant claims: hire purchase account number xxxx balance of 3,526 as of 6/8/09.

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 6/8/09 to 25/3/13 of 1,701

and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.77 AND costs.

What is the value of the claim? £4683.25

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?* Hire Purchase

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

 

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.*

- name claim form is original creditor but witness statement has come from debt purchaser

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

Did you receive a Default Notice from the original creditor?*unsure

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

Why did you cease payments?

Originally financial difficulty but then realised no agreement for new vehicle

and already returned original goods and paid half total amount owing so contract should be terminated.

 

What was the date of your last payment? Sept 2007 according to their witness statement, payments were made by ex partner so i cannot check

Was there a dispute with the original creditor that remains unresolved?*only over this payment

Did you communicate any financial problems to the original creditor and make any*- not that i can prove

[obiter dictum]

Can you please take a photograph of the agreement and post it up

 

Minus personal details but leave in the figures

[beady]

Dx, when you say i am responsible for remaining balance,

the car was returned to the provider within a week of receiving it

and the hp agreement states that to terminate the agreement,

the goods should be returned, at which point the creditor is entitled to half the total originally due.

 

i returned the goods and have paid more than half the original total. Does that not terminate the agreement?

 

Obiter, I will take pics now, do you need all the pages or just the first page with the main details? The reason i ask is the copy i have been provided with, the first page is fine but the others are not really legible

[dx100uk]

yes but you didn't terminate the agreement

you surrendered the vehicle

 

 

that's my take on it.

 

 

an example...

 

 

Section 99 of the Consumer Credit Act gives the debtor the right to terminate a hire purchase agreement,

simply by giving written notice of termination.

.

The right to terminate applies at any time before the final payment becomes due, unless the creditor has already terminated.

.

contrary to the line taken by many finance companies,

.

the debtor need not have paid half the total amount payable,

.

and nor do they have to pay any arrears,

.

before exercising the right to terminate.

.

Sections 99 and 100 set out the debtor's liability on voluntary termination. The sections are complex,

.

but their main effect can be summarised in brief as follows.

.

.If the sum of payments made and arrears before termination exceeds 50% of the total price,

than the debtor is only liable to pay the arrears.

.

Otherwise, the debtor is liable to pay half the total price, less any payments already made.

.

so the debtor can terminate at any time if he has reached the 50 % mark

.

the debtor can terminate at any time before the 50 % mark but would be liable for payments still to reach the 50 % mark,

.

does not matter if the account is in arrears at the time or request to do a voluntary termination.

.

you need to specifically nail them down that this is a VT and NOT a VS [volutary surrender].

dont get caught out!!

take extensive photos of the car inside and out

and underneath and in the engine compartment ALWAYS.

.

..............example letter..ADAPT TO SUIT.............

.

You must vt under s99/100 cca1974. do not sign any of their forms, or agree to pay anything.

.

The car has just to be in reasonable condition for its age.

If you have paid in excess of 50%,

with no arrears there will be nothing to pay.

.

Send them the following letter,

they MUST action your request,

you should endeavour to be present at the vehicle inspection---

.

VOLUNTARY TERMINATION OF AGREEMENT UNDER S99/100 CCA 1974

.

Account No: (xxxxxxx)

.

Dear Sir,

I am writing to notify you that I am exercising my right to terminate the above Agreement

under Section 99 of the consumer credit act1974.

.

You will understand that the aforementioned section permits the debtor to terminate the agreement

at any time before the last payment is due.

.

There is no restriction regarding the exercising this statutory right,

particularly none in respect of any perceived arrears or monies due on termination

.

I understand that I shall be liable to you for the amount calculated under the formula in Section 100

of the Consumer Credit Act 1974.

.

**As I have/have not paid more than the amount calculated under the formula in Section 100 the amount due is £XXXX/zero.

.

The above agreement will be terminated 14 days from the date of this notice.

.

Please send me details of how the vehicle can be returned to you.

.

You will be aware that statute prevents you from levying a charge for the recovery of this vehicle;

guidelines also state that if you require me to deliver this vehicle

it must be no more than a short (reasonable distance) from my registered address.

.

Please confirm receipt of this request in writing within 7 days of receipt.

.

-Yours etc...

..

[beady]

Aah right, am with you now

[beady]

Obiter, i have taken pics but they are useless, i am using samsung tablet n to get the full document in view means that you can't read anything when the pic is taken.

 

Thanks for trying to help, I am very grateful and hope I haven't wasted you time

[obiter dictum]

Post it up when you get to a scanner

 

The early welcome agreements were pants and totally unenforceable.

 

A few of us on the forum are well versed in spotting those mistakes

[SabreSheep]

Right now the Priority for the OP is to follow the current court directions and meet that deadline.

[obiter dictum]

Has anyone explained how he does a witness statement yet??

 

What exchange of witness statements means and the consequence of not doing it? (Summary Judgement)

[beady]

Thank you all for taking the time to help.

 

I have googled info on witness statements so will just have to put as many points on as possible, i assume that whether they are right or wrong, as long as the points are there, i can try them.

 

the deadline is 4pm tomorrow so although i can get to the court, my only means of serving the claimant with a copy is to email it to them. Don't know if this is acceptable but only way now.

[obiter dictum]

Yes you can email, but remember a hard copy as well

[beady]

Hard copy to the claimant will be out of time as deadline is 4pm tomorrow

[obiter dictum]

But they would have received it by email for service within the deadline.

 

Email communications are accepted for service of court documents

 

We would not have MCOL otherwise

[beady]

Great, thank you

[SabreSheep]

https://www.justice.gov.uk/courts/email-guidance

 

f you are filing a document by email that contains a statement of truth you are reminded that you should retain the document containing the original signature. The version of the document which is filed by email must satisfy one of the following requirements: (a) the name of the person who has signed the statement of truth is typed underneath the statement:

(b) the person who has signed the statement of truth has applied a facsimile of his signature to the statement in the document by mechanical means;

© the document that is filed is a scanned version of the document containing the signed original statement of truth.

Also

 

 

Points to remember

 

 

• This guide does not replace the Civil Practice Direction 5B and Family Practice Direction 6A.
  
• When you file documents by email you must still comply with any rule or Practice Direction requiring the document to be served on any other person.
  
• There is nothing in the Practice Direction or FPR 2010 that requires any person to accept service of a document by email.
  
• Where a time limit applies it is the parties responsibility to ensure that the document is filed in time.
  

[beady]

Crucial info sabresheep, thank you.

 

If the claimant does not have to accept service by email then I doubt that they will so it will probably all be for nothing but I have to try.

 

thank you

[SabreSheep]

Indeed worth a try. They would have to apply for sanctions to the court.

 

Court may not look sympathetic on their application if served via email. on time and later by post.

 

State that a hard copy is in the post. As with all of the communications get proof of postage at least.

[dx100uk]

someone will be along tomorrow to help with the WS needed

 

 

it would help that process to copy the defence exactly as you filed it here

and photos of their WS

[half page photos for each page so's we can read them.

 

 

blank out any pers details that can ID you.

 

 

pop all the photos into ONE word doc

 

 

then file

save as

xxx.pdf

 

 

and upload

 

 

dx

[beady]

Hi all,

 

 

Here is the Hire Purchase Agreement for those that wanted to check it. Thank you

[shamrocker]

How much was the actual vehicle to purchase outright? There's a lot of insurance built in there - do you have the terms for it?

[obiter dictum]

Please confirm

 

Did you freely gve the car back or did they do a reposession

 

Have a look on a statement

 

Does it say reposession fee??

 

Depending on your answer will invalidate the whole agreement

Edited October 19, 2015 by obiter dictum

[beady]

Hi Shamrocker, I would have to say that the amount to purchase the vehicle outright would have been the £2585 which was the amount of credit for the goods, it was 2005 so can't remember if I paid a deposit but it wouldn't have been a big one even if I did.

 

 

They did not repossess the vehicle, there is no repossession fee on the payment schedule that they have sent. The vehicle was not road worthy so we took it back to Motor Car Credit within a week of getting it. They eventually sourced another vehicle but did not produce a new Hire Purchase Agreement.

 

 

Also, the vehicle on the agreement is shown as black, it was actually silver, a long shot I know but hey I'm desperate here, can I argue that we did not take the described goods?

[AndyOrch]

If we could also have a copy of the claimants witness statement and your initial defence also beady.

 

Regards

 

Andy

[obiter dictum]

I hope Andy is about to confirm my reasonng

 

First thing is you do not have a Hire purchase agreement, you have a credit agreement, there is a difference

 

You legally own the vehicle

 

With a credit agreement the goods purchased are yours as though you purchased the car on a credit card. You have a credit agreement with the credit card company, not a hire purchase agrement

 

Secondly, they have included an option to purchase fee, that is done with HP and Lease agreements, not a Credit agreement. That option to purchase fee has been included in the total amount of credit so the APR will be misstated.

 

The agreement also has the cars registration details on which the finance agreement is being enforced against.

Welcome have no cause of action if they are enforcing the agreement against that vehicle as the vehicle was returned

 

Does the credit agreement mention anything about

 

REPOSESSION AND YOUR RIGHTS??

 

Is Andy about??

Edited October 19, 2015 by obiter dictum