Welcome /IND claimform- N39 received - phantom Payment syndrome URGENT... please help

[Davren22]

Hi all, and first off thanks for your time in hopefully helping me out with a Welcome Finance matter.

 

My partner had a loan with Welcome Finance which he took out in February 2006 for about £2500 he got into financial difficulties a couple of months after taking it out and only ended up paying a couple of payments, he never heard anything back from Welcome until last November (2012) when he received a letter from Mackenzie Hall Group,

 

i knew that the debt was statute barred and so sent off the letter to them and never heard anything for months,

he then received a letter last month from IND Ltd chasing up the debt and so yet again i sent them the statute barred letter recorded delivery, that was on 23rd May 2013.

 

We have returned from a few days away today to find a claim form from Northampton County Court from Hegarty LLP claiming on behalf of Welcome Financial Services, the form is a form N1CPC and comes with a response pack where i have to fill in either an admission page or a defense and counterclaim page.

 

I am totally out of my depth on this one and how to proceed and how to fill in the forms, I believe the debt is definitely statute barred as they have not received payment or admission of the debt for 7 years, what i cannot understand is why they would have issued the court papers if they knew they did not have a case ??

 

I would be extremely appreciative if somebody could point me in the right direction of where to take this and how to fill in the claim forms (it says they can be submitted online if needs be). I only have 14 days to respond and the forms are dated 5th June therefore i need to be quick.

 

Thank You

[Bazooka Boo]

If you are absolutely 100% certain that this is SB, then you have a total defence and this will be reflected in your response to the very vexatious claim.

 

I'll ask if this can be moved to the legal forum....

[citizenB]

If the date of issue is 5th June then you have a little more time than you think ..

 

Date of issue 5th June + 5 days for service = 10th June + 14 days to acknowledge = 24th June + 14 days to submit a defence = 8th July. 33 days from date of issue.

 

What you need to do is go to the MCOL website and armed with the password you have on the claim form, you will need to acknowledge the claim and confirm that you are going to defend all. That will give you the extra time until 8th July.

 

However, if you are absolutely the debt is statute barred then you can use the following defence.

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant was made aware of the status of the debt being statute barred, by way of letter DATED

 

4 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

[Davren22]

Thanks for your very quick replies guys. citizenB i am sure that it is statute barred,

 

we have been together for just short of 7 years and i know for a fact that no payment has been made in this whole time and that nobody has chased the debt other than the ones mentioned in my previous post.

 

When you say i can use the following defense do i need to write that on the form or do i write that online do i include numbers etc as you have worded it (sorry if i am sounding a bit thick im just really new to all of this)

 

Thanks again

[citizenB]

If you are using the online service then you would type the defence EXACTLY as I have. You will need to enter the date that you sent the statute barred letter in point 3. Please do print off the receipt that proves that you have submitted your defence on line. Or at the very least take a screen shot !

 

If you are sending it via post - it must go to the COURT address that has been supplied on the form and you must send it either special or recorded delivery - they have a habit of losing things plus they have a 10 day turn round on their administration ! Plus you will need to sign the form. Do, please take a photocopy before sending off the original !!

[citizenB]

I would also suggest that you hot foot it to the Royal Mail website and print off the signature for the delivery of the SB letter

[Davren22]

Thank you so much, i will do it online and ensure i print everything off.

[citizenB]

 

You can acknowledge and defend the claim in one hit by the looks of things

[Davren22]

Thanks very much, i have now submitted everything online. Do you know how long it usually takes to hear anything back and also what the next step is ?

[Bazooka Boo]

I'm guessing the court will contact idiots inc, who will then confirm t is indeed SB, or it isn't and they wish to either pursue or crawl back under their little rock.

[citizenB]

I'm guessing the court will contact idiots inc, who will then confirm t is indeed SB, or it isn't and they wish to either pursue or crawl back under their little rock.

 

Pretty much as BB describes it

 

The opposition will receive a copy of your defence and have 28 days to either proceed or discontinue.

[tezza1234]

Why oh why wasnt i given this option, would have been so so much easier, but no mine has already been issued a CCJ and its only after i find out and now have to gather all evidence to try and get decision set aside

[citizenB]

Why oh why wasnt i given this option, would have been so so much easier, but no mine has already been issued a CCJ and its only after i find out and now have to gather all evidence to try and get decision set aside

 

From reading your thread, it looks as though your claim form was sent to a previous address wasn't it ? It would be very interesting to see if they were actually aware of your new address

[Davren22]

Thanks again for your replies guys, now its been 12 days since i last posted and not heard anything back from anybody although i did receive more court papers through the post a few days ago but these were identical to the first set received including same case number etc and so i just ignored them as they must have sent them through twice by accident ?

 

Just a quick question should i have been sending anything to the claimants to say that i have defended their claim or do the courts do all of the communicating now ?

[citizenB]

Can you let us know what you are doing.

 

A CCJ was awarded by default because you didn't receive papers.

 

You have made an application to set aside , yes ?

 

These court papers - do they show the previous address ? Are they simply providing you with copies of the documents used to obtain the CCJ or is it a NEW claim ?

[Davren22]

Hi citizenB, i think you have got me mixed up with the person who posted in my thread (tezza1234), im the original poster of the thread, i sent a defence to the courts online as the welcome loan was statute barred not heard anything back from either Hegarty / Welcome or from the courts, just needed to make sure there wasnt anything else i was supposed to be doing ?

[Bazooka Boo]

When did you send your defence off??

[Davren22]

I sent it on the 12th june

[Bazooka Boo]

You could ring the court and ask them if they have received it.

[Davren22]

Hi guys,

 

My partner took out a loan from Welcome Finance in 2006, he only made a couple of payments to them back then then never heard a thing from them, they never tried to chase up for missed payments etc until

 

he received a letter back in 2013 from IND along with court papers,

i sent them a statute barred letter and also copied in the courts and then never heard anything back from them.

 

Last week we had a knock at the door from a man who handed my partner a court form N39 order to attend court for questioning, he has to attend on 9th August 2016 with regards to this.

 

I immediately sent IND a letter claiming that the debt was statute barred and they replied within a day saying that it is not statute barred along with this explanation as to why

 

" With regards to your assertion that the debt is statute barred,

we would refer you to the claimants witness statement that was sent to you in preparation for the hearing listed on the 30th October 2015.

 

The witness statmement confirms that you made your last payment on 1st September 2008 for the amount of £65.00.

 

The claim was issued on 5th June 2013.

 

The claim was brought within 6 years of the last payment and as such the debt is not statute barred"

 

Now we moved house 2 years ago therefore never received the witness statement that they mentioned but more importantly a payment was never made by my partner for the £65 they mentioned.

 

I replied again to IND and copied in the letter i originally sent them in 2013 and mentioned again that my partner has no recolection of the debt.

I also asked them for a copy of my credit agreement.

 

My partner has received a response this morning from IND, this is the narrative from the letter they have sent.

 

"We write with reference to the above matter and further to your letter dated 29th July 2016, received 3rd August 2016

 

please note that as the judgement has already been entered,

there is no requirement to supply you with documentation under S77-79 of the consumer credit act 1974.

 

please therefore find attached your returned cheque for £1.

Please however find attached copy agreement and IND Ltd statement of account for your reference.

 

Please note that your letter dated 23rd May 2013 was responded to in the claimants witness statement prepared for the small claims hearing.

As previously advised, the debt is not statute barred"

 

Now they have sent a copy of the signed credit agreement dated April 2006 but they have also supplied a statement and the £65 they previously mentioned is not on this,

the only movements on the statement are from 26/05/12 onwards bringing in the outstanding loan amount to IND and the rest is court costs and interest charges.

IND have not mentioned the £65.00 in their response.

 

I am really stuck as to what to do next,

i believe that the debt is definately statute barred,

my partner has not once admitted to owning the debt,

even to the man that called at the house,

he has not made a payment to Welcome or IND since 2006.

 

I may be wrong which is why i need help,

my partner is terrified to have to go to court next week

and would have liked to have had a positive response before the date he is due to go.

 

I have sent a copy of all of the correspondence to the court .

 

Any help whatsoever would be much appreciated.

 

Thanks

[Bazooka Boo]

Check TrustOnline and see if they have managed to get a CCJ by default.

 

What does your OH credit files say?

[Davren22]

This was on his credit file for 6 years from 2006 to 2012 then the default dropped off, he has no other defaults or CCJ's

[theoldrouge]

So they obtained judgement in 2013 and are now seeking to enforce?

Did you defend any claim issued at the time?

[Bazooka Boo]

So they DON'T have a court order (CCJ)?

 

What exactly have they handed you?

Any chance you can scan and post it up, removing ALL identifiers, bar codes, names, ref numbers, silly squiggly boxes they like to use.

 

How are they heading their letters?

[dx100uk]

thread retitled and moved to legal forum.

 

have you put IND to strict proof to prove this payment

its quite usual for them to come up with the phantom payment to disprove the SB claim.

 

shame about docs getting sent to the wrong address

I wonder if that was deliberate?

and if there is anything you can do about it

as they obv knew you current address already ?

 

dx