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

[cruzhughes]

Can someone take a look at this please. I don’t think I’m doing this right

 

I am the defendant in this case and respectfully request the court to consider the following when hearing the above case.

 

• On the 02/02/17 Excel Collection & Enquiry Services called at the security address in this claim and left a letter

 

The first contact I received from company Prime Credit was sent to my previous address on 13/02/2017 which was passed to me by the new occupants in March

 

I replied to them on the 08/03/2017 providing my new address which I had lived at since May 2016. Disputed the debt being owed to a company called Alpha Credit Solutions 4 S.A.R.L. and requested a CCA enclosing a £1.00 postal order. This has still not been produced to date.

 

• On 17/03/17 Prime Credit wrote back acknowledging my complaint and Lightfoots solicitors inform me I am in arrears with the loan payments to the sum of £3.342.42 and unless arrears are paid they would be commencing court proceedings with 7 days. They also enclosed a statement from 28/08/2008 to 13/03/2017

 

• The original loan agreement dated 19/06/2006 which was secured by way of a legal charge on property 257 was made with Progressive/Welcome Finance. This loan was settled on 03/04/2007 (court have been issued with copies) but in September 2016 Welcome sold the account to Alpha who are now the Claimant in this case.

 

Before the sale of the account I had made a complaint to Welcome finance as I believe the original agreement which with Welcome was part of an Irresponsible Lending History as they continued to offer additional finance even though it was clear my financial situation did not support it. Nine loans were issued over a period of 8 years, some only 3 or 4 months apart.

 

Then further to this I complained FSCS regarding miss-sold PPI and they awarded £8,163.29 to be refunded back to the account. Alpha have already accepted this payment without checking the validity of the debt in question.

 

• The outstanding balance the Claimant has pleaded throughout is not correct. I am also unable to reconcile the arrears figure the Claimant pleads as it is higher than the total missed monthly payments on their statement.

 

• Also the last payment they say they received to account was £9.00 on the 17/05/2027 this is incorrect as it was for a Subject Access Request not to be credited to the account. The other £1.00 had been paid previously by postal order for the CCA which they had not complied with. There has been no other payments from me to this company

 

• I have asked the Claimant numerous times to send me the information they have on the account but their responses have been slow and unsatisfactory.

 

• I have not received any notice of assignment of this debt however in their witness statement there is a letter saying following the transfer of your mortgage from welcome finance to Alpha Credit Solutions 4 S.A.R.L

 

• I have requested numerous times that they remove the legal charge from my property and write the bogus debt off. My evidence has been submitted many times whereby I first outlined my complaint to them on 25/03/2017 with the debt and resultant charge being made up of numerous penalty charges for all manner of indiscretions other insurances of mass irresponsible lending without doing the required affordability checks. Some loans only months apart.

 

• They have refused to investigate these claims from day one. See Account in Serious Dispute dated 30/08/2017 and 17/10/2017 (enclosed) which I made a full and final offer to resolve this.

 

• This is the 3rd time the claimant has issued possession proceedings against me at this court. I have attended on both occasions yet the claimant has not attended the hearings and wrote to court just before each hearing to adjourn.

 

Dates are as follows 24/05/2017 where District Judge ordered that claim be adjourned generally with liberty to restore as the issues needed to be reviewed which Alpha had not done yet they issued another hearing 2 months later.

 

Second Hearing was restored to 21/08/2017 where Lightfoots Solicitors had written to court on 11/8/2017 requesting another adjournment.

 

On this hearing I provided Deputy District Judge with a Letter I had sent to Prime on 29/07/2017. Response dated 10/10/2017 (enclosed).

 

He also said there were issues that needed resolving and ordered that the hearing be adjourned generally with liberty to restore provided if no such application is issued by 20th August 2018 the claim is struck out without further order.

 

Third hearing was restored to 16/01/2018.

 

At this hearing they still not have produced any credit agreement linking me to the debt they say is owed and they are trying for possession of property for or did they provide any firm evidence their witness statement

 

They are in breach of the above as they have made same application pre 20th Aug 2018 and that the arrears are still false. What this company is doing is adding fees and other charges on to push the fake arrears up higher. They have done this consistently since account was in dispute in March 2017. They have failed to respond to my letters within the given timescales yet continued to added on arrears fees.

 

 

Abuse of the process

 

I ask the honourable court to consider that this claim is outside of the Jurisdiction of the UK County Court System. The Claimant creditor Prime Credit 5 S.à.r.l. or Alpha Credit Solutions 4 S.a.r.l. is a Luxembourg registered company.

 

No record of creditor Prime Credit 5 S.à.r.l. or Alpha Credit Solutions 4 S.a.r.l. (or any variation of that name) is held by UK Companies House. Therefore the claimant and alleged debt are outside of the UK and therefore not subject to the county courts jurisdiction.

 

However I have recently found out that the loan is administered by Acenden on behalf of creditor. Acenden is authorised and regulated by FCA in the UK yet Acenden have not once been mentioned in any court documents or prior proceedings.

 

In these circumstances the claimant brought this action unlawfully and is an abuse of the County Court System. Purely on the grounds of Jurisdiction, it is requested that the court strike out this case as a clear abuse of the process.

 

This claim is being made from abroad in an attempt to avoid penalty for attempting to enforce agreements that the claimant knows to be Unenforceable.

 

I also confirm that these accounts were in dispute prior to the commencement of action by the Claimant. The commencement of legal proceedings in theses circumstances was counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties “to act reasonably……..in trying to avoid the necessity to start proceedings”

 

 

Conclusion

 

In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

I would also like to ask the court to consider to allow costs for all the previous attempts of ligation by this company and the sheer frustration in dealing with their ineptitude.

 

I assure the court that I am committed to resolving this case and respectfully and have done so throughout. I ask that repossession is not granted in order for me to keep a secure home for my children.

 

Statement of Truth

 

I believe the facts stated in this defence are true and factual.

[dx100uk]

is not the account number on the charge totally different to the account number they are supplying documentation for?

[cruzhughes]

What documentation there was none produced to court.

 

But yes the account no on legal charge is not the account no they have provided loan statement for

 

I have just checked their witness statement the official copy of register is in there.

 

But no copy of legal charge. That is in the original possession claim rider

 

• Exhibit 1 is an official copy of the register of title. As you can see by this the charge was dated 19/10/2006 (the same date the 2007 settled loan was started) and registered 21/11/2006. In the original possession claim rider the legal charge document is also in there with date of charge 19/10/2006 and an account number 257

 

• I have not received any notice of assignment of this debt however in their witness statement exhibit 2 there is a letter saying following the transfer of your mortgage from welcome finance to Alpha Credit Solutions 4 S.A.R.L. With a totally different account no 984 to the one on the legal charge

[dx100uk]

are we being blind here..

is it as simple as ...

 

the legal charge date and the legal charge account number..which they are now using to gain repossession..

 

is earlier in date and is a totally different account number than the one they are producing paperwork to back up their repo claim?

 

how can a legal charge dated before the signing of the agreement 984 even be used ??

[cruzhughes]

I feel as if I’m writing an assignment here I’m on 5 pages.

 

Surely a detailed defence should have more weight and background?!

 

What am I doing

[dx100uk]

I meant is the problem as simple as..

not the defence toward it...

[cruzhughes]

That’s the one issue yes but when I questioned that before you were unsure.

[cruzhughes]

Here goes again

 

DEFENCE STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following when hearing the above case.

 

• On the 02/02/17 Excel Collection & Enquiry Services called at the security address in this claim and left a letter.

 

The first contact I received from company Prime Credit was sent to my previous address on 13/02/2017 which was passed to me by the new occupants in March

 

I replied to them on the 08/03/2017 providing my new address which I had lived at since May 2016. Disputed any debt being owed to a company called Alpha Credit Solutions 4 S.A.R.L. and requested a CCA enclosing a £1.00 postal order. This has still not been produced to date.

 

• On 17/03/17 Prime Credit wrote back acknowledging my complaint and Lightfoots solicitors inform me I am in arrears with the loan payments to the sum of £3.342.42 and unless arrears are paid they would be commencing court proceedings with 7 days. They also enclosed a statement from 28/08/2008 to 13/03/2017

 

• I received a reply dated 24/03/2017 to CCA request stating that in order for this to be supplied I had pay a further £9. As a Data Subject Access Request is £10. This was sent on 04/04/2017

 

• 25/03/2017 I put the account Prime Credit were claiming in Serious Dispute requesting they gain full file from Welcome and study it carefully and referenced the previous complaints with the the FOS/FCA/ICO and the FSCS.

 

• The original loan agreement dated 19/06/2006 which was secured by way of a legal charge on property 257 was made with Progressive/Welcome Finance. This loan was settled on 03/04/2007 (court have been issued with copies) but in September 2016 Welcome sold the account to Alpha who are now the Claimant in this case.

 

Before the sale of the account I had made a complaint to Welcome finance as I believe the original agreement dated 11/10/2001 which with Welcome was part of an Irresponsible Lending History as they continued to offer additional finance even though it was clear my financial situation did not support it. Nine loans were issued over a period of 8 years, some only 3 or 4 months apart.

 

Then further to this I complained FSCS regarding miss-sold PPI and they awarded £8,163.29 to be refunded back to the account.

Alpha Credit have taken this payment from Welcome Finance without responding to my prior disputes about this debt and checking the validity of the debt in question.

 

• The outstanding balance the Claimant has pleaded throughout is not correct. I am also unable to reconcile the arrears figure the Claimant pleads as it is higher than the total missed monthly payments on their statement. They now state this is £5,416.83

 

Also the last payment they say they received to account was £9.00 on the 17/05/2027 this is incorrect as it was for a Subject Access Request not to be credited to the account. The other £1.00 had been paid previously by postal order for the CCA which they had not complied with. There has been no other payments from me to either Prime Credit 5 S.à.r.l. or Alpha Credit Solutions 4 S.a.r.l.

 

• I have asked the Claimant numerous times to send me the information they have on the account but their responses have been slow and unsatisfactory.

 

• Exhibit 1 is an official copy of the register of title. As you can see by this the charge was dated 19/10/2006 (the same date the settled loan was started) and registered 21/11/2006. In the original possession claim rider the legal charge document is also in there with date of charge 19/10/2006 and an account number 257

 

• I have not received any notice of assignment of this debt however in their witness statement exhibit 2 there are 2 un headed letters dated 19/09/2016 saying following the transfer of your mortgage from welcome finance to Alpha Credit Solutions 4 S.A.R.L. With a totally different account no 984 to the one on the legal charge.

 

• I have requested numerous times that they remove the legal charge from my property and write the bogus debt off. My evidence has been submitted many times They have refused to investigate these claims from day one. See Account in Serious Dispute dated 30/08/2017 and 17/10/2017.

 

• This is the 3rd time the claimant has issued possession proceedings against me at this court. I have attended on 3 occasions yet the claimant has not attended the 2 hearings and written to court just before each hearing to adjourn.

 

On the 3rd hearing the solicitor still could not provide any basis to these claims only a statement from 2008 whereas the legal charge date and the legal charge account number which they are now using to gain repossession is earlier in date and is a totally different account number than the one they are producing paperwork to back up their repossession claim not to mention this is settled standing at a zero balance on 03/04/2007.

 

At this hearing they still did not produce any credit agreement linking me to the debt they say is owed and they are still trying for possession of property. Neither did they provide any firm evidence their witness statement

 

What this company has been doing is adding fees and other charges on to push the fake arrears up higher. They have done this consistently since account was in dispute in March 2017. They have failed to respond to my letters within the given timescales yet continued to added on arrears fees without a full comprehensive breakdown of how they are arriving at their figures.

 

• Throughout this process I am confident that I undertook all the necessary steps to get to the bottom of this debt with this company. However I don’t believe that they have been forthcoming in providing the particulars in backing up their claim.

 

 

Abuse of the process

 

I ask the honourable court to consider that this claim is outside of the Jurisdiction of the UK County Court System. The Claimant creditor Prime Credit 5 S.à.r.l. or Alpha Credit Solutions 4 S.a.r.l. is a Luxembourg registered company.

 

No record of creditor Prime Credit 5 S.à.r.l. or Alpha Credit Solutions 4 S.a.r.l. (or any variation of that name) is held by UK Companies House. Therefore the claimant and alleged debt are outside of the UK and therefore not subject to the county courts jurisdiction.

 

However I have recently found out that the loan is administered by Acenden on behalf of creditor. Acenden is authorised and regulated by FCA in the UK yet Acenden have not once been mentioned in any court documents or prior proceedings.

 

In these circumstances the claimant brought this action unlawfully and is an abuse of the County Court System. Purely on the grounds of Jurisdiction, it is requested that the court strike out this case as a clear abuse of the process.

 

This claim is being made from abroad in an attempt to avoid penalty for attempting to enforce agreements that the claimant knows to be Unenforceable.

 

I also confirm that these accounts were in dispute prior to the commencement of action by the Claimant. The commencement of legal proceedings in theses circumstances was counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties “to act reasonably……..in trying to avoid the necessity to start proceedings”

 

Not forgetting the legal charge date and the legal charge account number which they are now using to gain repossession. Is earlier in date and is a totally different account number than the one they are producing paperwork to back up their claim.

 

Conclusion

 

In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

 

I would also like to ask the court to consider to allow costs for all the previous attempts of ligation by this company and the sheer frustration in dealing with their ineptitude.

 

I assure the court that I am committed to resolving this case and respectfully and have done so throughout. I ask that repossession is not granted in order for me to keep a secure home for my children.

 

Statement of Truth

 

I believe the facts stated in this defence are true and factual.

[cruzhughes]

https://formfinder.hmctsformfinder.justice.gov.uk/ex303-eng.pdf

 

This says I need to fill a defence and counterclaim form. Where do I get these

[dx100uk]

and was not that loan listed against the charge already settled?

[cruzhughes]

Add that in is is it

 

This is totally breaking me.

 

Am I on the right track?

[dx100uk]

cant be that far adrift

let andy comment that is best

[cruzhughes]

Ok thank you.

 

It’s hard when you’ve not a clue what your doing. But so much is resting on things being done correctly.

 

On the counterclaim do I do it on form or just write it out?

 

What do I put on there is it just the money from welcome or the court costs?

 

Do further costs need adding in like the cost of filling defence and counterclaim which I must add is going to be higher than what they paid originally to issue their repo claim.

 

What about adding more costs for time to the list for the work from last week to the next court hearing?

 

Sorry for all the questions.

[cruzhughes]

Alpha have rang and text today.

[dx100uk]

do us a deal do us a deal.

sounds promising they are not that confident

[cruzhughes]

Lol. I wouldn’t know.

 

Didn’t answer.

 

The FOS have also rang to apologise for the mix up on dates after recieving my last email and for giving wrong conflicting info . It’s seems prime were registered for a short while. I need to provide them with date they took over as I may be eligible to claim fees back date permitting.

 

The only thing is I have one date one the un headed deed of assignment.

 

2 different in court rider

 

And another different one on the deed of variation

 

And a different one on the title register

 

Different years too

[dx100uk]

send the lot

let them work it out

[cruzhughes]

Will do!! I’m still working on the defence but I’m still not sure

[AndyOrch]

Will do!! I’m still working on the defence but I’m still not sure

 

Keep it as simple and succinct as possible...refer back to the original particulars of claim and dont deviate with points that are not really your concern but the claimants...... keep the DJ on side and interested.

 

52 pages is a lot to digest ...even the thread title is confusing.

 

 

Andy

[cruzhughes]

Ok thank you.

 

It’s hard when you’ve not a clue what your doing. But so much is resting on things being done correctly.

 

On the counterclaim do I do it on form or just write it out?

 

What do I put on there is it just the money from welcome or the court costs?

 

Do further costs need adding in like the cost of filling defence and counterclaim which I must add is going to be higher than what they paid originally to issue their repo claim.

 

What about adding more costs for time to the list for the work from last week to the next court hearing?

 

Sorry for all the questions.

 

What needs to be done with regards to this

 

Andy have your read/checked my defence in 1011

[AndyOrch]

I have already advised any counter claim follows on at the end of the defence..

.but you must understand a counter claim is for monies owed...not costs.

 

Does the claimant actually owe you anything in over payments etc....

.with the court suggesting counter claim in their order..

.its a little confusing.

 

As already stated it's very difficult to advise on a defence as only you know the finer details as to why you disagree with their claim...

 

but as already stated dont go off on tangents that have no connection to the claim...

 

you as the defendant are only expected to admit or deny...

not to add anything further..

..if you keep it that simple then a Judge will appreciate it

and hopefully come down on the claimants for over confusing matters and not following procedure.

 

Your defence does not require case law or Legalese...

.draft it using your own words as to why the claimant is wrong

and why the claim should be dismissed with costs.

 

..thats all the judge has requested.

 

Let them hang themselves they dont need any help from you..

.they are already doing a magnificent job on their own

[cruzhughes]

They’ve taken a 8000 grand Ppi claim that I had not authorised. Paid direct to them by the old owners of debt.

 

That is what the judge said counterclaim for.

 

So the defence i have done does it need cutting down

[AndyOrch]

Then you need to finish the defence with a part 20 counter claim...this follows your conclusion in the defence. I will post you an example shortly.

 

With regards to the defence....yes I have read it but got bored at paragraph 3...do you think you will be able to relay all that clearly to a judge within 10 mins (if that) ?

 

If not it requires as already stated ...simplifying.

[AndyOrch]

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.

[dx100uk]

Judge says as of today order for 10 days time

 

By 2pm 30th jan I must put in a detailed defence and statement of truth to claim send to court and alpha

 

And counterclaim as they have kept the £8163.29 from Welcome that was my money.