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now have a court date, but not for some time, months, so - am thinking of amending my claim to cover UTCCR in as much as I have not challenged the alleged agreement, just the unfair charges and default re no NOD and inaccurate info, interest and so on.

 

If I put in another application what other info would I need to demonstrate my point?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hello May,

 

You do need to demonstrate your point as you want to show that your claim needs a reopening on other grounds.

 

 

Just relevant parts of the ACT. As your claim based on same agreement you should put in N244 that ''at the time you file your initial POC you wasn't aware about some extra points( list them) and you were aware only about one course of action( unfair charges and default)''

 

Since than you have discovered and can show now that the relevant credit agreement was improperly executed due to the ommision of ''prescribed terms'' as defined by CCA and wish now to seek a declaration from the court ( put extra point you have found and want to focus on them and reffer to the ACT)

Include that you have discovered that you have a statutory rights that the court consideres reopening the agreement( again add those points ....I had extortionate credit bargian.) and you can show several grounds on which agreement can be considered......add your points

 

in last section add:

Having regards to the overiding ojective of the Civil Procedure Rules, you respectully request that the court permits the inclusion of these issues in revised claim form and POC and than the court permits the defendant to amend the defence accordingly.

 

 

In my N244 i had only 5 main sections( Pam helped me with them).I had listed 3 of them above that are suitable for your N244.

 

I hope you are using extortionate credit bargian point.

 

What i didn't know that i have to pay for the amendments and new AQ:)))

 

But i am happy i had amended it:)))

 

 

The decision is yours:)

 

 

 

x

  • Haha 1

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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thanks Itsme, this is exhausting but has to be worth it, just tried to work out the interest paid, look like I would pay over 19 thousand in interest and 32 thousand altogether???? the monthly payment does not work out to the apr used, but, it is secured and this is why I really need to find them out, I believe it must be extortionate and just incorrect. wont go over it all again as I have a thread on this one, suffice to say, I will be working it all out over the coming weeks, best wishes to you Itsme:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Well if you have no luck with culculation, i know who can help you.

Sometimes you have to get other prof opinion...

 

Just give me a shout

 

 

 

regards,

 

 

Itsme

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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I started with car finance but payed this off with a new loan from them which was secured on the home. I have started a new thread now but I have outlined this already on another thread, suffice to say I have had some real problems with them once I became ill and got into difficulties. I have gone ahead with a Data Protection Act request and also a CCA request serpeately. I have now received a bathc of stuff that is a bit strange. there is a lot of 'story' about me with much detail as to who lives in the house, lots of stuff about my phone being switched off, a record of some of my debit card details still on file.

 

But the copies of the CCA do not appear to be present. they have sent something called WFS Loan Agreement Front Sheet, it is filled out with figures but I have never seen this document and my signature does not appear.

 

They also have a couple of letters from me re arranging DD's for this account and generally updating them as to my difficulties while ill, delayed payment apologies stuff.

 

There does not appear to be any record, automated or otherwise of my actual account, like a statement showing all transactions, only this log which has been kept of my phonecalls, what was said, when I paid by card (this is headed Mida notes) obviously taken from some kind of computer log.

 

advice please. edit - just found some extra documents as this is double sided copies, loan agreement is present but none present the loans it replaces, I want to query the extra sums that were added on for inusurance protection, MIG and arrangement fees for each replacement loan (x3) these sums are hidden in the remaing debt to which they added them and I want to extract this?

 

 

just a minute - this is my thread! ha ha, there are so many on WF easy to lose your place!

 

if someone can jump in I would be happy, I want to remortgage but WF have put a charge on my deed (not a court one just an interest re the secured loan) and I believe their agreement is unenforceable unless by a court, they have also defaulted me while in dispute, this part of my argument is with the Information Commissioners Office and I have a small claims track case re the dd's etc part of the claim, comin up october.

 

(only has 5mth before has to be removed anyway!):confused:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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another question on assembling this claim - do I need to demonstrate what the correct format and figures would be? peter has worked out what the apr really is, all the info on the form is wrong because things are added in that should not be but also the actual sum before charges is wrong because it incorporates the previous rewritten charges that I do not have the info on to challenge?

 

has anyone else had this problem?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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N244 almost ready to submit - I have already amended my claim once re the default issue, will this be okay, the hearing is not listed for several weeks so this gives plenty of time doesnt it?

 

I have mentioned the Acts I will be relying on plus Wilson, how specific do I need to be on this I wonder??

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Dear May,

 

Well, N 244 is a request for the amendments, you do not need to be very specific. If Judge accepts the request than you will amend your POC and than you have to be very specific.

 

Michael Brown some time ago advised me to send 3 copies of N244,amended POC and spready to save some time. I did it in other ways, as Pamela advised: sent N244 first explaining why you want to amend you case( just points) and than i had sent POC when N244 was accepted.

 

Depends if you are sending your amended POC with N244.

 

Good luck:)

 

 

xx

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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thanks Itsme, I understand, when I amended it the last time the court asked for the N1 at the same time so I had to do it then but it was fairly straight forward. that POC link you sent, thanks but it could not get it to open

are you able to put it on here? of pm me.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 months later...

still fighting this one, will update later as keeping matters private:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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It amazes me how slowly this case is unfolding!! i had welcome all wrapped up within 6 weeks and i didnt need any court action and the outcome was debt complpetely wiped out £2200 and £265 in costs!! my credit file states settled i full aswell!! this has been going on for ages!!!! no disrespect meant!!:eek:

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hello alp, none taken, you are right, it is slow, maybe your area has a different manager in charge of matters and that accounts for the difference, plus to be fair I started out with penalty charges, that turned into default once I got the dpa stuff from them and now it is agreement unenforceable!

 

well done on getting your costs and debt wiped out:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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lucky u, alp..for some people claiming PPI from welcome is a second unpaid FULL time job with huge of Petty Cash expenses..:mad:

Carphone Warehouse WON £195.00

Welcome Finance in Court. N244 accepted.

Barclaycard WON with contractual, PPI and charges for time spent and letters sent

Halifax solo, switch, Credit Classic, Halifax one Itsme Vs Halifax 2 accounts

Creation Finance Prelim received offer of £79.88.... Itsme VS Creation Finance

Vodafone overcharged Vodafon.. anything that could be done?

 

U know where the scales r:)))))

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lucky u, alp..for some people claiming PPI from welcome is a second unpaid FULL time job with huge of Petty Cash expenses..:mad:

 

certainly was lucky! hows things?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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It was not luck!!! i see that this thread has been going on for over a year that in itself must be a record (he he!!!). my attack on each company has been successfull each time as i concentrate on a case at a time and only when im progressing on one then i take on another! i firstly build up a case and then attack if this means call ,email writing and sending by fax. i show them i am serious and so polish off my claims very quickly!! eg my 1st claim with natwest before the oft was 8 weeks as soon as i knew the internal numbers and which dept to hassle i had a 2nd claim also for a friend within 4 weeks!!!

 

It is not down to area managers as all issues go to compliance at ruddington nottingham, these are the guys who should be solving the complaints. I emailed cattles plc chairman also and within a day was in touch with mr orill legal dept i entered into daily negotiation threatened them with lfa etc also gave them crime ref number from police when they tried to call my bluff. i gave my case 200% knew where i was going and wthe action i wanted to resolve it!!!

 

on the other site p.c i always tell others to use the fla as these guys look over welcome. it is clear that they are breaking the rules as it is clear as day about stopping payments etc and how welcome should conduct themselves. so putting accounts into legal dispute should be first priority!! if you continue paying then they always have the upperhand!! it depends on personal preference i had welcome at the stage where the office refused to deal with me and i could only speak with notingham!! all this in under 6 weeks!!! dont let it dictate your life like it has for the last year get on with your case. it is exactly because no one takes this route as they are too scared to, dont be scared!!!! you are not the one in the wrong!!! reporting to the fsa etc is in my eyes a waste of time as it takes too many complaints to do anything if we all take these companies to court on a daily basis and keep pushng at the fllodgates they will eventually fall down.

 

start 08 with a victory!!!

 

go get em...............

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alp, that is an interesting reply, what is the lfa ? maybe it is a route I could have taken. you have certainly worked hard and no one is suggesting you do not deserve your victory, do you have any other useful suggestions? I am very serious about my claim, maybe you are right to suggest their is a pattern as to who a certain Mr O takes to court?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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mods, can we name these 1 and 2, since identical at moment?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 1 month later...

quick update, ready for hearing, just need the date listed from the Court, staff very helpful as ever, thanks everyone so far!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 1 month later...

hello, hearing not for several weeks, but getting my case together,

 

(mods, we have two threads Welcome Finance) whcih is slightly confusing.

 

I think mine was renamed once but now not? how about 1 and 2.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 months later...

I have a secured loan with WF which I haven't been able to pay since being made redundant. There is an issue with PPI but that's a different matter.

 

Interestingly, Welcome have offered me a refinance of the loan at less than 1/3rd of the interest rate of the original loan.

 

I'm just wondering - why?

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I have a secured loan with WF which I haven't been able to pay since being made redundant. There is an issue with PPI but that's a different matter.

 

Interestingly, Welcome have offered me a refinance of the loan at less than 1/3rd of the interest rate of the original loan.

 

I'm just wondering - why?

 

I think you might know the answer, but I'll indulge you anyway ;)

 

Signing a new agreement releases them from their obligations under the 1974 Act and leaves you exposed under the 2006 Act;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/125119-ccas-post-april-2007-a.html

Always happy to help where I can!

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • 1 year later...

well, never thought I would revisit this thread but Welcome Finance have started sending out defaults and statements on this case I won!!!

 

I have the CONSENT ORDER signed by the orrible LOL, so should I waste a stamp on it or wait for them to get into defamation territory :)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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