Jump to content

robingetz

Registered Users

Change your profile picture
  • Posts

    191
  • Joined

  • Last visited

Everything posted by robingetz

  1. 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.
  2. 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?
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. These thieves dipped into my account for 4 months after I thought I had paid off the loan. They just rolled over my loan without my knowledge until I spotted it and cancelled my card payments. They then had the nerve to demand I repay the original loan + 1 months interest despite taking more than that out of my bank. They put a default on my credit file as a final gesture when I refused, and the Financial Ombudsman done nothing when I reported them, so the default stands to this day. I know it's practically impossible to get a default removed, but in these circumstances, there must be a chance.
  8. Does that mean that any defaults registered by them should be removed.
  9. Hi, I heard nothing from Shoosmiths for 6 months about the claim, then on 29th December a letter and bank statements arrived, along with a bit of paper claiming that I had in fact made payments within the last 6 years, which I have no recollection of. I have attached both documents. Can anyone help in how I can proceed with this? Thanks
  10. Thank Andy, I am planning to hold my nerve, just needed some advice as to what to expect.
  11. Hi, More developments, I sent the CPR request and submitted my defence, both of which were acknowledged. Shoosmiths said in reply to the CPR request that they did not have any documents but they hope to have them by 2nd June. I still have not received them, but I got a letter from them on 11th June saying that they now wish to proceed with the claim against me and it will be transferred to my local court. I still haven't got any proof of what the debt is, and they didn't comply with the CPR request. Surely they are trying to frighten me into paying by transferring it to my local court. Any advice please?
  12. I haven't submitted my defence, that's why I was panicking on Friday night , I couldn't log in and the help line was closed all weekend and my defence had to be submitted on Saturday, until I received the letter from them. Still gives me more time to submit my defence.
  13. Got a letter from Shoosmiths on Saturday saying that the have requested the documents I asked for (CPR request) and they should be in a position to supply them by 2nd June, and they are agreeable to providing me with an extension to file my defence within 14 days of receipt of the documents. So this must be the reason why I couldn't log in to submit my defence.
  14. Help! I have tried to log into the claim to submit my defence and I can't, it says the claim number or password is incorrect, I've put in the correct details several times but can't log in. I phoned the number on the form but they are closed now until Tuesday and my defence needs to be in by tomorrow (3rd).
  15. I am positive that no payments have been made in over 6 years. Thank you for your help, I will submit this as my defence.
  16. Hi, can anybody help in how I should word my evidence, do I just submit that the account is statute barred or do I need to go into more detail? I've sent the CPR request off but need to enter my defence by 3rd May. thanks
  17. Thanks for the advice, how would I word it, would I just put in my defence that the account is statute barred or would I need to elaborate, sorry for my ignorance but this is the first time I have had to do this.
  18. I don't think I've had anything for this account for many years, I presumed the bank had written the debt off, as it was mainly bank charges that made up the overdraft, I don't even remember being contacted about it by a DCA during that time , which is why I was surprised that it surfaced again after so long. Also can this account have a ccj, even though it was defaulted for 6 years and the default removed?
  19. Sending the CPR request today. My thoughts is that they have stumbled across this old debt and are trying to frighten me into paying it by issuing a claim through the court. What would my defence be, I will submit that before the deadline. Thanks
  20. It relates to a current account that was overdrawn mainly with bank charges and overdraft fees, this was aprox 8 years ago and It was defaulted and then removed after 6 years. I acknowledged the service online disagreeing with the claim, just before I went on holiday as I couldn't do much else on that particular morning.
  21. Name of Claimant: Marlin Europe Limited Date of issue: 02/04/14 What is the claim for? 1. The claimant claims the sum of £2488.72 being monies due from the defendant to the claimant under a regulated agreement between the defendant and CLYDESDALE and assigned to the claimant on 18/10/2006, notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. 3. The claimant claims the sum of £2488.72 and costs. 4. The Claimant has complied, as far as is n the pre-action conduct practice direction.NumberWhat is the value of the claim? Amount Claimed £2488.72 Court Fees £75.00 Solicitor’s Cost £80.00 Total Amount £2643.72 Has the claimant included section 69 interest? Don’t know (don’t think so) Is the claim for a current account? Yes When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor? No Were you aware the account had been assigned? Yes Did you receive a default notice from the original creditor? Yes (Account defaulted 2006, removed in 2012) Have you been receiving statutory notices at least once a year? No Why did you cease payments? Account in dispute over bank charges. Was there a dispute with the original creditor? Yes. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Apologies for formatting, I can't change it Hi,Haven't been on for a while, as I thought that finally my finances were in order and I was debt free until this landed on my doorstep, some 8 years since I had the account. It arrived the morning I was leaving on holiday, so already 3 weeks behind. Any help much appreciated Thanks
  22. They don't show up on the BCCA members list when searching for them on BCCA website. I'm awiting a response for my complaint to FOS, and OFT have been sent a complaint too.
×
×
  • Create New...