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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Lillychick

Welcome Finance PPI Offsetting advice needed Please

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Hello

 

Not been on the forum for a while. I hope everyone is well.

 

I recently made 4 sperate claims for PPI to Welcome for unsecured loans taken out in 2001/2/3/4.

I successfully claimed for 2001/2 loans through Aviva as the underwriters of the insurance.

These have been settled and paid to me.

 

I’ve received correspondence from WF about the 2003/4 loans.

They have upheld my complaint on both and the sum due is around £2.5 K.

They have also said however that my account was sold to a third party with a balance of over £3K and that the intend to re-purchase the account and apply my compensation to that balance.

They have sent me a form to sign to agree to this, which obviously I’m not going to do.

 

Firstly

I’m unable to verify the amount they say is outstanding on my account.

 

When my SAR arrived it contained all of the loan agreements and 3 printed statements pertaining to the first three loans but not the final one which I obviously defaulted on.

 

When I queried this they said they had sent everything that they held for me.

How they’ve managed to arrive at how much was owed when they’ve said that 4th statement didn’t exist is one thing.

 

The amount does seem high to me as the 4th loan was for just over £4K and I was paying it (albeit it an agreed reduced rate) until at least mid 2008.

 

Is there any further I can go with this or it the end of the line?

I’ve read about Welcome offsetting on some other threads so I’m not hopeful.

 

Also

I assume the paperwork they’ve sent is with the intention of resurrecting the debt if anyone is daft enough to sign and send it back.

 

Are they likely or even can they resurrect the debt on the back of the successful claim without the signed paperwork?

 

Thanks in advance for any advice.

Edited by dx100uk
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If you've not paid in 6yrs the debt is SB'd so cant coneback

 

As for the offset

There is little you can do about it sadly

Other than complain its not fair

You could mention they are sb'd

But an OC can do so even if it is

 

I will assume you are in E&W and not Scotland


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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks for the quick reply.

 

That’s pretty much what I thought but just needed it confirming. Oh well. Strangely I don’t recall ever being pursued for this debt by a third party after I defaulted

 

And yes I’m in E&W

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Probably because you moved?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Probably because you moved?

 

Possibly. I did move around a lot back then. I felt sure I was still paying WF when I moved to my current place, but I can’t be absolutely certain.

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Incidentally has anyone ever asked WF in this situation for proof that they did ‘re-purchase’ the debt and are indeed the legal owners? I’ve been thinking about how difficult it must be to track such a debt down after all that time. Not only that but surely there is no guarantee they will be able to re-purchase?

 

Not straw clutching just genuinely curious about why they are so confident they can easily re-purchase a debt and if people are being put off taking it further because they think it’s a lost cause. Surely they would need to prove ownership of the debt to justify keeping any compensation?

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twill be easy for them to track it down

 

you could ask them to provide a notice of assignment under the law of properties act 1925 before they do so.

and they must produce it too.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hello

 

I thought I’d just report my partial success with this matter after taking it to the FOS. I’ve not had the paper work through yet, just a phonecall with an adjudicator at the FOS.

 

As I understand it the amount awarded and subsequently being used to offset the original debt was in respect of loans 3 & 4 joined together.

 

As loan 4 was a rollover and partially used to pay off the balance on loan 3, the FOS have advised WF that they shouldnt withhold the PPI refund due in respect of loan 3.

 

WF have agreed and will be making an offer of just short of £600.

The amount used to offset is now just over £1000.

The difference is because the PPI was front loaded and loan 3 paid off early with loan 4. I hope that makes sense?

 

The adjudicator advised that as offsetting is standard and accepted I’d be unlikely to be successful with pursuing that angle for the balance. I can of course take it on to an ombudsman if I wanted to. I won’t be though.

 

So whilst my offsetting complaint wasn’t a success, it was worth taking it further and having the sums looked at properly. I just thought that this info may be useful to others pursuing WF for multiple claims.

 

Thank you again for the advice. I will make a donation to help you great people keep helping the rest of us. Take Care

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