[ATTACH=CONFIG]42020[/ATTACH] [ATTACH=CONFIG]42019[/ATTACH]Hi ive attached thm inline hope you can see them, ill try adnd attach them separately aswell. there are 5 pages like this Court tomo afternoon hope its somethign we can use

Don't think it's a SAR they still have my tenner for that It doesn't detail notes on our account and stuff just debits and credits

CISHEET? Thought I could start the excel sheet to reclaim after looking on other threads. Is it worth mentioning in court on fri? I've looked at letter/ phone call charges HPDI fees and returned payment charges What I don't get is each entry for capitalisation is the same as the entry above it and according to the balance it only increases on the capitalisation entry not the one above it so is it interest or the fee for a late payment? So confusing

Right just a quick update defence form in at the court in case the judge has time to read before thE hearing on Friday Have recd from welcome today a hire purchase statement ( never had one of theses before) showing all credits a debits since account was opened. There are over a £1000 of charges for let's and phone calls and funnily enough some of the letters I have like a termination notice before the default notice is not detailed on there. shows default and termination from the dates that welcome have used in the particulars of claim there a a few charges I would hope someone can shed some light on Each month there is a discrepancy in the order of debits and it goes like this 31/10/09 DEFAULT SUM FEE INTEREST £1.12 7/10/09 HPDI FEE £7.42 7/10/09 CAPITILISATION £7.42 This happens every month with the amount varyingb for HPDI from £34 to £2.15 I don't know what the HODI FEE is or the CAPITILISATION but I guess they add up to a considerable amount Can anybody shed any light in this? I thought it might be default interest but that is shown separately It seems a bit strange that welcome have sent it today when in court in two days time Thanks Gilly

Oh yeh thanks

Hi can anyone offer an opinion on this

hi below is an outline of our proposed defence I thought about including a time line hopefully will let whoever looks the amount of messing about there has been Reference to the Return of goods hearing from Welcome Finance In the particular of the claim Welcome state that on the1/11/2011 a Default notice was served, we have not received Default notice. In the particulars of claim welcome state that TerminationNotice was served on the 22/11/11, againwe did not receive this please see appendix I for Termination notice served onthe 20/07/2011. Defendant argues that Welcome served the termination noticebefore default notice. 20/07/2011 Termination notice received for balance of £5427.32 Spoke to Welcome who advised was not a termination noticeand we had to agree to contractual amount plus a figure towards the arrears 31/7/2011 Further phone calls from Welcome saying we needed to set up contractualpayment plus something towards the arrears or would come and take the car Advised at this point to put everything in writing and notto speak to them on the telephone 30/08/2011 Bombarded with telephone calls so sent a telephone harassmentletter 08/12/11 Sent letter of complaint to Welcome re initial complaintabout the car. 04/2012 SAR request sent to Welcome finance Letter received stating that under section 80 they needed toknow the whereabouts of the car. Section 80 relates to commercial HP agreements not personal 04/05/2012 Welcome acknowledge receipt of request for SAR and £10processing fee state they need Several documents as cannot verify our identity(see appendix ii) June 2012 Welcome continue to ring up to 20 times per day despitehaving has a harassment letter and still no response from SAR request Letter sent 19/6/12 complaining once again about the amountof phone calls and all correspondence in writing and complaining about lack ofresponse to SAR Complaint letter sent again 2 letters received from Atlas collections (see appendix iii) 12/07/12 We will go to court for the car based on default notice from1/11/11 14/707/12 We would like to offer you a 50% reduction on the balance Ignored as still no response to SAR request 23/7/2012 Letter from Welcome collections – Atlas collections (seeappendix iv)- stating have never received a SAR 25/7/12 Complaint sent again to Welcome finance stating letters fromthemselves acknowledging SAR sent recorded delivery (appendix v) Heard nothing until court papers received inDecember 2012. If anyone can help me word this properly I would be so grateful or releveant case laws to ref in regards to the dates etc Do I need a full defence or os this outline enough?? Thanks all

Ok thanks, I'm obviously very worried about the whole thing and think I'm confusing myself keep going over and over it. I've got my argument, there complete lack of organisation letters that say thanks for ur SAR letters that say we've never had a SAR request... Dn and termination notices all over the place. Infact there's 3 in question. One I have from June 2011, one they refer to but I haven't got from nov 12, and another one from July 2012! I'm hoping the judge will see that despite attempts to resolve the matter and agree a repayment plan we have done nothing but be messed about by welcome and dlcs offering us 50% reductions etc Thanks Andy

Hi just wanted some advice before we go to court next week shall I admit we owe and ask for time to pay, I don't want our arguments re dn and TN to fail and get a judgement against us, would it be wise to admit we owe which we do then if the judge decides welcome have acted accordingly we will get time to pay the bal?

Hi thanks I've had a good read and I'm more confused than ever Should fill in the attached forms and take with me asking for specified payments or Just take a defence stating the discrepancies between dates of the TN and DN? Or both so if judge decides the date thing, refusal of SAR, previous complaints about the car fit for purpose wtc aren't enough then may still let us keep and order payments? I just don't want to lose my car Anyone any ideas, everything we've done prev I've been pretty clear about but it's the unknown here. Will the judge set a date or make a decision there and then. Is it worth getting my defence to the court beforehand so the judge may read it? Thanks guys

If served Again in both our names do I need to acknowledge again? It's a return of goods hearing and I'm really confused about what it will entail, do we both need to be present? Will there be a rep from welcome? Will the judge read our defence? I have no idea what a return of goods hearing is Gilly

Hi all haven't updated for a whole as nothing happening, welcome have managed to get the case adjourned till the first week in march when we will both be defendants, ill post my defence up this week but fear I cannot quote case laws. I will post my arguments and hope someone can help me word it into a defence thanks all

Hi not yet, I'm waiting for the date on the 11th to have our hearing which is when apparently we need to take our defence which will include the fact that welcome write and said they had added myself, which the court have not Confirmed... Now meaning welcome have said its adjourned and if we took their word wouldn't turn up, perhaps meaning it would go their way!!!

Yes I will, hopefully that teamed with refusal if sar request will be enough for the judge to question if anything they have done has been legit Thanks again

Oh right I didn't know that, have been sweating over the defence all over Xmas when everyone majorly busy. So I just wait then? Do I not take anything to the hearing then, just wait for the judge to say what's happening afterward?

Ill check Tomo I think the date is Tomo tho, planned to do the defence tonite, no time working f/time etc. will let u know Wat court say Tomo and send in sat as can only put in the postbox at the court anyhow. Why would the county court advise me of the other tho I questioned several times and just kept saying heading of that nature didnt require any def before the day just turn up with it and ring next week to see what was happening. Could they have made me end up with a judgement because advised me incorrectly, it's a return of goods hearing rather than a ccj but they're still asking for a judgement of car and remaining bak after goods sold or judgement on the bal

Yeh that's what I thought, seems strange when the acknowledgment of service I submitted stated on it that if I ticked intend to defend would need to submit defence within a certain time frame. I'm going to ring again tomorrow and get oh here so he can speak and get specifics. If welcome add me that's fine because I'm assuming then as will be deemed serves then will have another 33!days to submit defence. This would give me time to find default notice and I'm very interested in the discrepancies in the dates re the DN and the TN. Will post when know more

Thanks all I rang the court today and heard that they had wrote to the court and they had sent it back telling welcome that they can't just add on, they need to apply through the court properly. Anyway I asked the court about the date for defence and they said don't need to submit by a date as there is no order for that and I can just bring defence on the day and the judge will look?? I'm so confused, she was lovely at the court and said I'm not to do anything until I'm served, so don't know what's going to happen

I can't help thinking if no one can suggest anything that I don't have a case ;( this is making me ill They want the car and the money hoping the judge will make an order for the money and not the car Yest had a letter to say welcome have added my name to Proceedings as was just my oh name but was a joint agreement and they've requested that the hearing be adjourned till a later date. Should the court let us know this aswell

Hi yes it really does help Can anyone help write this into a defence?? I fear if I do it ill cock it up Gilly5001

Thanks That's what I thought, hoping to give them a bit of a fight after its took so long to get to this stage. Always thought if they were completely legit they would have took us to court ages ago

Hello, anyone available to look over and point me in the right direction

Hi guys Now getting nervous about my defence, think ill need to put it in by fri 11th. If I go just on non compliance with sar i don't think it wil be enough Can anyone tell me if the agreements are watertight, would like to have a few things to go on I've copies of other corres like the three complaints I've officially raised re the state of the car I've got letters from atlas offering me 50% etc All if which u duly ignored thinking they would end up owing me yet now I feel like the judge will have a go at us as haven't paid but don't seem to have much argument to defend. All we wanted in the beginning was when we got into arrears was welcome to agree a payment plan and stop charges like sending us both 2 copies of everyl letter and then charging us for letters telling they charge £10 for every letter ;(

I still can't find it I've got a whole bank of their correspondence ill have a good look today but I have already searched for it

Hi guys I've left a few days whilst it has been the festive period but having looked at the docs has anyone any suggestions for how to word my defence if I even have one? Thanks Gilly