Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***

[cruzhughes]

Email to Fos

 

Can you just bulletpoint what we spoke about earlier.

 

And what is is exactly you need from me.

 

I’ve got a few different dates in my paperwork.

 

So due to not receiving any notice of assignment from Welcome or Prime upon transfer I’m not entirely sure but will be able to provide them all.

 

Also there are issues with prime and them providing information that I’ve asked them for regarding this debt.

 

We can go into this later if need be.

 

Response

 

We agreed that the irresponsible lending complaint had already been investigated by this service under our reference , so your complaint about Prime Credit should be about the charges added to your account as a result of their debt collecting activities.

 

Prime Credit were regulated by the Financial Conduct Authority between 24/5/12 and 30/9/15 and I wanted to establish with you whether any of the disputed charges were applied to your account between these dates.

 

Otherwise, the business is regulated in Luxembourg and outside of these dates I would need to provide the contact details for the Luxembourg authorities as the complaint should be investigated by them.

 

Also as the role of Acenden is simply as an agent of Prime Credit and would have no responsibility for the charges, it would not be appropriate to set the complaint up against them.

 

I hope this is of help and I await your reply.

 

Part 20 Counter Claim Example......edit to suit.

 

4.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Part 20 Claim

 

5. The defendant/Part 20 claimant claims sums paid to the claimant /Part 20 defendant in relation to enforced Payment Protection Insurance /Penalty Charges Incorporated within the sum demanded by the Claimant are sums claimed for their administration fees, late payment charges, letter and telephone fees and like provisions.

 

6.The Defendant was required to purchase the PPI as a condition of the Creditor entering into the Agreement: on or around January 2008. The said premium for the PPI was an item entering into the total charge for credit as determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980, and was therefore, by reason of Section 9(4) of the Act, not to be treated as part of the credit even though time was to be allowed to its payment.

 

And the defendant/Part 20 claimant claims:-

 

i) £ xxxxxxxx Payment Protection Insurance

 

ii) £ xxxxxxx uUnfair charges/Interest (expand on reasoning)

 

iii) Interest pursuant to Section 69 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit.

 

Thank you.

 

Do I add their penalty fees in as if I do I takes me over the 10 grand bracket?

 

Hearing is estimated for an hour.

[dx100uk]

yes and the int on them

[cruzhughes]

That means higher court fees to issue claim then.

 

I don’t think I’m going to have the time to do the spreadsheet is there anyway I can not give an actual figure on the fees

 

Both the prime and welcome ones on the statement provided in rider?

[dx100uk]

if you wish I didnt realise theres a £10k limit on part 20?

[cruzhughes]

I thought the counter claim costs were the same as me issuing a money claim for that amount

 

If there is I’m looking at 10 to 15 = 5%of claim

[cruzhughes]

Why’s it saying underneath my name I record my calls do you?

[AndyOrch]

if you wish I didnt realise theres a £10k limit on part 20?

 

There isnt a limit...but it gets expensive as you have to pay a fee and it pushes it to Fast Track...so best to to keep it below 10K...PPI plus section 69 Interest only (8%)

[AndyOrch]

Why’s it saying underneath my name I record my calls do you?

 

New tweak to the forum

[cruzhughes]

Counterclaims

What about counterclaims?

If someone wants to counterclaim in a small claim,

they must pay the fee that would be payable as if they started the claim.

 

For example,

if the claimant started a claim for £4,555,

they would have to pay a court fee of £205.

 

If the defendant wanted to raise a counterclaim in response for £6,000,

the defendant would have to pay a court fee of £455, as well.

The court would therefore receive a total of £660 in fees.

 

Sorry just found that and you posted

 

Hot off the FOS

 

I must clarify that Prime Credit are not un-regulated but appear to be regulated by the Financial Authorites in Luxembourg.

 

They are known as the Commission de Surveillance du Secteur Financier and they can be contacted via the following web site.

 

http://www.cssf.lu/en/contact

 

I am sorry that,

on this occasion we are unable to help you further but I wish you well in resolving your issue.

 

Regards

 

What evidence should I submit as exhibits.

 

The 3 that are on my statement are theirs not mine

[cruzhughes]

So do I just hand in tomorrow as it is then? Another copy to prime and one to myself?

Why did solictor tell me in court to send it direct to them?

 

No copies of any exhibits that I have namely the settled statement which court and solictor both have since last week.

 

No further work to be done on it?

 

Nothing to be taken out or added in

 

And just sit back and hope it does the job.

 

I have no legal expertise whatsoever and it’s taken 2 years finding out what I have but I’m not even sure if my defence/statement is even right or even how to simplify it.

 

Cos if you got bored then there’s not much hope for me and the judge is there

[cruzhughes]

Their witness statement to the court a few days before the last hearing

Court witness statement sols .pdf

[dx100uk]

lets have a look.......working.......

[dx100uk]

I’m going away to work on the 25th and won’t be back before the courts shut on the 30th.

 

then make sure you have internet access then you can email the court you defence and counter claim for the £8k and costs.

 

is that possible?

dx

[dx100uk]

It helps to be a nerd…….

 

Legal charge for loan A attached..dated same as recent LR file copy you have.

And the date the one they have referred to in their earlier rider [19-06-06]

 

So we’ve proved the agreement number the charge they are using for the repo [Loan A]

 

Now Prove this relates to Loan D they have produced statements for stating its outstanding and causing the repo sum

 

Loan A was settled 3/4/7 for £6767 by loan B

However there is NO record of this payment in A statements

Neither is there any record in Loan A statements how this was settled. SO NO LINK TO Loan B in the chain to Loan A legal charge

 

Loan B was settled 5/10/7 for £12286.25 by Loan C

Again no record of this payment in Loan B statements

Neither is there any record in Loan C statements how this was settled. SO NO LINK TO Loan C in the chain to Loan A legal charge

 

Loan C was settled 29/8/8 for £27971.82 by loan D

 

The claimant has produced Loan D statements with their WS – prove this payment – prove the chain!!

There is no chain…..

 

So: you produce to the court and the claimant the attached copy of the Loan A legal charge

Put the claimant to strict proof as to how this relates to the account Loan D…simples

 

the matter of assignment needs address

i'll do that soon

[cruzhughes]

I’ve just emailed you another draft.

 

Thanks for email.

 

Only now I’m seeing this.

 

I found a template online. And it made a bit more sense.

 

Panic over if It can be emailed

[dx100uk]

ring the court get the email AD to use

[dx100uk]

Their witness statement to the court a few days before the last hearing

email me the exhibits please

[cruzhughes]

Theirs or mine

[dx100uk]

read what I posted

[cruzhughes]

Done and a few more

[dx100uk]

makes sure I have everything please

I appreciate I might have them but ...

 

each repo case paperwork

every thing from them

everything from you

 

that was used in each hearing..

 

label each file

repo 1 claimant paperwork

repo 1 defendant paperwork

 

etc etc

 

I don't need stuff you didn't use

i'e ONLY what YOU sent to the court

[cruzhughes]

I’m in an area with limited signal. I’ll try and send the witness statments now. I’ve sent the rest

[dx100uk]

Don't sweat on it too much I must have it all here

[cruzhughes]

I now have phone signal and WiFi. Did you get it all. And do you need anything else

[dx100uk]

yes let it run for now got a busy 24hrs