robingetz
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Everything posted by robingetz
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It's nearly 5 years ago since the £10 payments. I'm struggling to remember why I gave them the money, and can only suggest it was a SAR request on both occasions which they ignored, and registered it as 2 payments. There is nothing that Welcome sent that identifies what these payments are, no SAR letter that I may have sent or evidence that is was a payment, or a request for documents. Again I don't know why I would have made only 2 £10 payments in 3/4 years. This could be the only thing that doesn't make the account SB, but how can I prove that they were meant to be for a SAR and not payments? It's been more than 28 days since I submitted my defence, and haven't heard from the claimant. Does this mean that they don't have any documentation to send, and is that the end of the matter?
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The £1 says "payment by P Order", and the 2 £10 ones just says "Epingham", I think they were one of many DCA's that have chased me in the past for this account.
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According to what's in the SAR, I made 2 £10 payments on 2/7/12 and 18/5/12. These look to me like a SAR requests on both occasions, why would I have made small irregular payments as part of any agreed payment plan? Also a payment of £1 is shown on 2/8/11, this also must have been a CCA request. Mortimer Clarke have had 28 days since my defence was submitted and I haven't heard anything form the court. if they aren't acting on behalf of Welcome and obtained the debt another way, they won't have access to this information, or be able to get hold of it, will they?
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I have had a look at the documents sent by Welcome, and there was everything with regard to my account, phones calls made, what was discussed, dates and times of doorstep visits, literally everything since 2006. However, the most interesting thing out of all of this was that on 3/4/2013, the debt was written off by Welcome, see below. So, does this mean that Mortimer Clarke are not acting on behalf of Welcome Finance, as they previously stated. I still have received nothing from MC with regard to my request for proof that they own the debt, all they have sent is a letter stating that my account has been put on hold. PR100910_1119_001.pdf
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I'm going to have a good look at it tonight and see what I can make of it, and get back to you. There are a lot of sheets going back to 2006, so it looks like they have kept everything about my account.
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Hello again, back from my holidays, and there was a whole load of paperwork from Welcome waiting for me, so it hasn't gone away, as i had hoped. I haven't had a chance to look at it, but what should I do next, I was hoping that they didn't have anything and it the case would be thrown out. What's my next move with regard to the court, do I need to inform them that I have received this information? I'm hoping that when I look at it tonight, I'm hoping that this proves the account is SB, but if not. looks like I'm screwed.
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I'll have a look round the site, get some ideas of what to expect next. The SAR was delivered to Welcome on 23rd January, and signed for, so they can't claim to have not received it, but I have not heard anything from them. I will be out of the country from Friday 17th for 2 weeks, do I need to inform the court of this?
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Thanks Andy, defence submitted on Wednesday. Now what? I'm hoping, but not expecting it to go away. Whats the next move? Will they ever send me the paperwork, if not, is that the end of the matter, if they do, what's my next move? There's a few things to think about, just in case it appears in the next few weeks. Once again thank you all for your help so far, and hopefully I won't need to bother you again in this matter.
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Ok thank you again Andy, your help, and that of others, has been invaluable. I'll submit my defence tonight and hope it goes away, fingers crossed.
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Thank you Andy, that is very useful, and pretty much relates to my case. I've changed it slightly to reflect my case. 1. Paragraph 1 is accepted. I have, in the past, entered into a contract with Welcome Financial Services , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has failed to provide me with a copy of the agreement, stating they believe I have already inspected the documents in the past. To date, no statement of the alleged account has been received. What about the very first paragraph of my defence before the first point. Is that relevant? Thanks again
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if I question the amount they are claiming and having no documents that prove this, I have not been able to confirm that the amount claimed s correct. As for the allocation, I have no idea how to proceed, and would hope that it wouldn't come to this. I'm fairly certain that my loan was only about 2000 and the rest is made up of charges, refinancing and many other things that I don't recall. can they just send me the documents after Thursday when I have submitted my defence? And then what?
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So if I add: "Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served." Not sure how to defend their "not making installments" claim, this was why the account was defaulted then subsequently closed and sold on.
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The POC is below, in a previous post #32, I suggested a defence, before I accepted the extension, and the fact that they still have not supplied any paperwork, suggests that the defence should be fine. Particulars of claim: 1. By an agreement between WELCOME FINANCIAL SERVICES LTD & the defendant on or around 21/11/2008 (‘the agreement’) WELCOME FINANCIAL SERVICES LTD agreed to loan the Defendant monies. 2. The Defendant did not pay the instalments as they fell due. 3. The Agreement was assigned to the Claimant. 4. THE CLAIMANT THEREFORE CLAIMS 5930.89. Proposed Defence. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have, in the past had financial arrangements with Welcome Financial Services , however I do not recall the exact details. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has failed to provide me with a copy of the agreement, stating they believe I have already inspected the documents in the past. To date, no statement of the alleged account has been received. 2. Paragraph 2.The Claimant alleges that I the Defendant did not pay the instalments as they fell due.The claimant is put to strict proof to evidence such breach by way of a Default Notice pursuant to CCA1974 section 87 (1) 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 4. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show any breach and evidence the service of a Default Notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 7. On the 21st December 2016 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 8. 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. Does this look OK or have I missed anything? I need to submit this today or tomorrow as it needs to go in by 4pm Thursday.
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I haven't got a defence ready, which is why I want to work on it now so it's ready to go on Thursday. Is there a template or similar defence I can look at anywhere on this site as the POC is very similar to some other threads, and I don't know the best way to word it, I will have a browse around tonight. I will try Welcome again but the last time I phoned was frustrating, the person i spoke to seemed disinterested in helping me, even their website is unhelpful. Welcome haven't responded to my SAR either.
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Thank you both. Can I just submit my defence now, as they have had more than enough time to send the paperwork and if the unlikely thing happens and it comes tomorrow or Wednesday, then that does not give me much time to sort my defence out and to study what they send, or is that the plan, it arrives on Thursday and I have to submit my defence in a short amount of time.
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My local branch is no longer there, hasn't been for years, so its likely the staff who worked there at the time are no longer employed by welcome. With regards to no previous mention of welcome, I have had no correspondence from them for years and as I mentioned before I forgot that this account was still around, until the court case appeared. I really don't have any recollection of the last time welcome contacted me and why I would have made a payment of £10 in any circumstances. I still don't know why they haven't sent any paperwork in 7 or so weeks since the claim was made.
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It's now 3 weeks since the extension, I have heard nothing for either ME or Welcome in regard to the CCA & SAR requests. Surely if they have this information they would have sent it by now. do I need to submit my defence on Friday 10th (the last day of the extension), even if I have not received the paperwork. I want to go down the SB route but I am not 100% certain, although 99% certain that the account is SB. It's starting to annoy me now that I can't get this ended and forgotten about.
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the 28 day extension is in place, what happens now? The possible outcomes, in my opinion will be. - They don't send anything at all. - They send documents and claim that I have made payment within 6 years. - They send documents that confirm the account is SB. It's only the last scenario, that I can be confident in the defence I submit, straight forward statute barred claim, and that should be the end of the matter. What if one of the other 2 situations arise, and especially the supposed proof of payment arrives in the post, what then, how do I proceed? I am trying to cover all possibilities and how to respond to those, and be ready to make my next move. Thank you in advance.
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Or how about just hitting them with this defence Proposed Defence. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by a Section 77 request. 2. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed 4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 5. On the 21st December 2016 I made a legal request by way of a section 77 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. 6. 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.
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Is this to go on the online form under the 'Please state your defence" section
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Yes I sent CCA and CPR off as soon as I got the court papers. Do I need to do anything to accept the extension?
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Welcome, I rang one of their offices yesterday and that's what they said, after they had told me the day before that I had to contact the company that they sold the debt to.
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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?
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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.
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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.
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