ME III/Marlin/Mortimer claimform - old Welcome Finance 'debt'

[robingetz]

Name of the Claimant ? ME III Limited

 

Date of issue – 12 Dec 2016.

 

What is the claim for –

 

1.By an agreement between WELCOME FINANCE SERVICES LTD & the Defendant on or around 21/11/08 ('the Agreement') WELCOME FINANCIAL SERVICES LTD agreed to loan the Defendant monies. The defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the claimant.

2.THE CLAIMANT THEREFORE CLAIMS 5930.89

 

What is the value of the claim? £6440.89

 

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

 

When did you enter into the original agreement before or after 2007? Unsure, I think is was around or before 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, but I have no recollection.

 

Did you receive a Default Notice from the original creditor? Again I don't know for certain.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so.

 

Why did you cease payments?

 

 

F ell into difficulties when losing my job in 2008,

the payment demands were unreasonable,

c harges were being added to the account at an alarming level (£10 for a letter/visit etc.)

and after severel doorstep visits,

I decided to just accept a default on my file and see what happened.

A lot of what is claimed is charges, the original loan I think was £2000.

 

What was the date of your last payment? Don't know, could possible be more than 6 years ago, I've asked for a full statement of the account.

 

Was there a dispute with the original creditor that remains unresolved? Haven't heard dirct from Welcome in many years.

 

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

 

 

Hi,

 

I have read up on other cases and have already sent off the various requests for documents, and completed the online form stating I intend to defend all.

But I may need further help.

The particulars are as below.

This is a very old debt that has dropped off my credit file, and I thought it had disappeared,

to be fair I forgot about it.

I received a reply from my CPR request today (30th Dec) as below.

 

We acknowledge your request for documentation pursuant to CPR 31.14.

 

We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement.

 

CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

 

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

 

We confirm that we have requested documents from the original creditor and will forward these to you upon receipt. The account will remain on hold in the meantime.

 

Any advice on how to play this out would be very much apprecaited.

[obiter dictum]

I take it you have acknowledged the clam and are defending in full??

[renegadeimp]

Statute barred. No cca etc etc. Tons of.charges. welcome know it which is why they sold it on to a bottom feeder.

 

Homework time.

[robingetz]

Yep defending in full

[theoldrouge]

So you've sent the s77 request to the claimant?

 

Don't miss the original defence due date no need for extension

[dx100uk]

Go ring welcome finance and ask date of last payment

[robingetz]

theoldrouge - Thanks for your reply, I sent both CPR and s77 request to Mortimer Clarke, no mention of any DCA involved, I have my defence ready to submit, depending on what they send.

[robingetz]

dx100uk - Thanks for your reply, I was under the impression that Welcome Finance were no more. Should I not wait to see if Mortimer Clarke can provide this information, see what they come back with.

[dx100uk]

No get the info

If its sb'd

They you file that defence

Can you not check bank statements or old cra files?

You need that date

[dx100uk]

poc says 11/2008

take out date

you say pre 2007

 

 

can you clarify please too.

[robingetz]

It's. difficult to say for certain without any paperwork at hand and being so long ago. I think the original loan was before 2008, but I "re-financed" a few times and increased my loan, when welcome said I could, so that may have gone beyond 2007, but as I said, it's hard to recall exact details without any paperwork.

[dx100uk]

Aha good news there

The old refinancing over the phone

Whereby you never signed the new agreement

Welcome staff usually forged your SIG

 

Try and find that last payment date

Ring your bank and ask

Better to file the SB defence than anything if we can

[robingetz]

Sorry, been away for xmas/new year so just back, and resuming this.

 

 

I'm pretty certain that I haven't made a payment for more than 6 years and that the original loan, before the re-financing, was before 2008,

 

 

I've heard nothing back form Mortimer Clarke,

 

 

I'll try the SB defence,

what have I got to lose?

 

 

What is the best way to submit this?

Do I just simply put "Statute Barred" as a defence, or is there more that needs adding?

[obiter dictum]

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'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:

 

Dated:

[dx100uk]

pers I wouldnt file SB if not 100%

 

 

you don't have to file to/by 4pm Friday

so use the week to try and prove SB.

 

 

why not go ring your bank

and ask the last payment date to welcome finance

[AndyOrch]

 

I'll try the SB defence,

what have I got to lose?

 

If its not statute barred you lose all opportunity of presenting any further/alternative argument.

 

Andy

[robingetz]

If its not statute barred you lose all opportunity of presenting any further/alternative argument.

 

Andy

 

Ah, didn't know that.

 

 

The problem I have with trying to find out the last payment is that I have had a few different bank accounts in the last 10 years, so the bank I'm with now isn't the same one I was with when I had the Welcome account, and I would struggle to remember which bank I was with at the time.

 

 

If I did make a payment after my account went into arrears,

it would have been a cash payment at the local office, which is no longer there,

 

 

so there would be little if any proof of payments being made.

[dx100uk]

have you rung welcome and asked?? yet?

[robingetz]

I phoned welcome last night and they said that the account had been sold on and I would have to speak to the company who now own it.

 

 

They had their usual unhelpful and unfriendly attitude I remember from dealing with them.

 

 

So, should I proceed with the SB, or go down the non compliance with the CPR request route, as I still haven't had anything back form Mortimer Clarke.

 

 

I am going to submit my defence tonight.

[dx100uk]

no they cant say NO you cant have the info its been sold on.

 

if you've had dealing with them like a payment within the last 6yrs

then BY LAW under the Data protection Act and the Prevention of Fraud Act they MUST hold data for 6yrs.

 

so go quote those two and ask to speak to a manager or supervisor if you get the same BS again.

 

or get them to confirm the account is older than 6yrs, so that's why they don't hold data

and thus you know its statute barred.

 

it would be 100% better to confirm and file the SB defence

as that is absolute and water tight

 

they must prove its NOT SB'd

rather than you having to prove it is.

 

me thinks they are saying this because they know the refinanced agreement is not signed by you .

 

there are 100's of threads here whereby that has been proved.

Edited January 12, 2017 by Andyorch
editing

[robingetz]

They said I made a payment of £10 in July 2012,

I don't remember making that payment and have no evidence,

but I can't be certain that I didn't make the payment, as it is so long ago.

[renegadeimp]

The old trick. They have to prove the payment was made nd by you.

The phantom payment is theirs.... but they use the excuse it's an admin error when they get called out

Edited January 13, 2017 by Andyorch
Removed allegation

[robingetz]

So what should I do now?

I need to submit my defence sooner rather than later.

 

 

I'm 99% certain that the account will be SB,

but there is that 1% chance that I did make a payment,

 

 

if they can prove that I did. However, Mortimer Clarke has not yet complied with my CPR, so can that be submitted as a defence while the SB argument is proved, or not, if they do send anything to confirm this?

[AndyOrch]

You only get one defence......so weigh up if its actually reality and feasible that you made that payment.

[dx100uk]

who has said you made that payment?