gilly5001
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HI all Just a quick thanks to everyone for your help. Court at 12 not sure how its going to go, probably the fact wasnt served at our address the main thing then hopefully will be able to defend on grounds of statute barred/it not being our account or debt. Dont know which to go with so just going to tell the judge everything. Hopefully Wescot wont be able to prove we made the £1 pymt to the account as we never! Ill update again later Thanks again Gilly
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Ta Lee Just an update for everyone else, £1 po payment showing however 100% that would have been a cca req. would Never have agreed to make a £1 pymt to an account know nothing about. Should wescot prove that payment Was to the account? I feel that wescot have had the account and just applied a cxa req to it therefore making it not statute barred? Why if payments stopped in 2005 would there be a £1 pymt 18 months later? Court on Monday, hope the judge agrees. Still hoping the west midlands random address might prove not our account! Thanks all
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Thanks lee Appreciate you looking in to it. Just to update I've sent the ws special delivery to wescot and hand delivered to the court earlier today
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What do I do at the court, should I just turn up with WS printed and hand them, assuming I need all numbers on it etc. Wondered if anyone could help me write, i.e the bit about the address in the west Midlands etc if not Im gonna have a go at it now gilly
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Welcome Finance - claim form received
gilly5001 replied to gilly5001's topic in Financial Legal Issues
excellent thank you very much! Gilly -
This Monday coming the 23rd! Had a conv with lee from Vodafone who said someone was paying the bill till jan 2005 so either way statute barred! Oh said it seemed diff to ascertain whose the debt was, whose name it was in, and of course we got the old west midlands address to chuck in. How do I get defence in, do I just turn up with it printe out? And ask the court to put with our stuff? I'll send special delivery that's no problem to claimant
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Hi I've missed the deadline then as we due there Monday can I not defend it?
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Can anyone help me with the witness statement, can I submit to the court even tho filled in the n244 a couple of weeks ago? When do I have to do it by? What shall I put in? Statute barred, wrong address, £1.00 payment not made to the account Thanks Gilly
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9447094 this is the tag number in the reply Ta
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Welcome Finance - claim form received
gilly5001 replied to gilly5001's topic in Financial Legal Issues
Thanks very much sent this off along with a letter re the sar that they have failed to respond to, Today I've recieved 2 letters from atlas collections. One saying well give you 50% off to settle, the other headed without prejudice in which they state that in red to default on 1/11/11 that our hp agreement has been terminated and they will repossess or got for a court order to repossess. Can welcome finance just keep sending us dca letters when they don't send me anything I've requested Gilly -
Just found papers from OH at court the other day, he rushed to court to stop the bailiff and filled in N244 there and then, in q3 just said never received summons, and q10 left blank can I now submit a defence, my OH didnt know what he was doing just rushed and filled in in a panic On the wescot print out it has our current address but the court papers went to west midlands, so i can use this?? Just checked paperwork and I cant find anything relating to me asking Wescot for a CCA around that date but Im guessing it will be? do they have to prove I sent the pound to this debt?
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hi im notsure what u need me to email you is t our address etc? i couldnt complete the form as it wanted account numbers and stuff
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hi, we have today recieved a pack from Wescot with their defence that they have submitted in regards to our req for a hearing on the 23rd july, there are several points 1) in the documenttion it states that the court papers where served to an address in the west midlands therefore served at our last known address - we have not ever lived in the west midlands, i have no idea what this address is 2) on a print out of Wescot computer program it shows our account recieving a £1 payment via postal order on the 13/12/2007 - we never made this payment, definately, definately would not have sent anything but we would have sent £1 to wescot asking for CCA agreements which I do everytime we hear from them in relation to anything else - wuld they have applied a cca req for another matter onto a vodafone account in which case its not statued barred?? HOw can I prove that? If the papers where not served at our address can I argue that? Im not sure I have a case becasue of that paymen but I have no recollection of this debt. My OH rang our current provider who confirmed we have been with them since 2002, so I dont know where this debt has come from please help Gilly5001
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Maybe that's what we have filled in then, he has done something to stop the warrant and demanded a hearing which is on the 23rd July. Shall I go to court then for the n244? Does this cost? I've already had to pay £80! Ta gilly
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When the warrant of execution arrived the other day I was at work and my OH hit the roof and rang the bailiff to say we knew nothing of this! He was advised to go to the court which he did where he was told it was £80 to req a hearing! I'm assuming it's to defend the judgement or maybe it's to arrange pymt of ccj. He was asked to giv a reason on which he wrote a do not believe I have a debt with this company, obv would have been better if had waited and got some advice but he was fuming at the thought of a bailiff arriving in the doorstep Gilly
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Welcome Finance - claim form received
gilly5001 replied to gilly5001's topic in Financial Legal Issues
Just an SAR -
Thanks so much, my oh did go straight to court an paid £80 to be able to have a hearin which is on the 23rd July, do I go tomorrow and get the N244. Will it matter we've already requested a hearing? Do I fill in the n244 at the court? I appreciate ur help so much I'm just a little confused now as to what we have already done Thanks Gilly
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Thanks for your replies Just been looking and have absolutely nothing in relation to this alleged debt, been looking at last time I had went to battle with a DCA and I req info under CPR18? In order to submit a defence, should I be doing this now? I'm wondering if I can request a later date at the court to give me enough time to gather documents. Please help I don't want to sit here doing nothing, want to be fully prepared. Do I need to go to court or do I just submit documents? It's wescot, are they likely to show? Thanks Gilly
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in relation to set aside it was not in relation to this we've heard nothing about it, or I would have dealt with it Ta Gilly
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Letter from court this morning application to have set aside on the 23rd July. Can anyone help me put a defence together, there's 3 main points 1- we never owed them any money, I think we cancelled a contract at the end an they continues to say we owed them even when we had moved onto another network 2- we haven't heard anything from them in over 10 years! 3- we never knew it had gone to court as we would have defended it or paid it to avoid a ccj Thanks for all ur help
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Hi we have moved a long time ago but it has our current address on it. Don't think there's been any correspondence what shall we do? I'm at a loss of where to start Thanks Gilly
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Hi hope somebody can help, Yesterday we received a warrant of execution from Northampton county court stating that we owe nearly £400 from a ccj that was granted in December. How can they do this?? We knew nothing about it, I have had a SD set aside before and I would have done the same had I known about this. THe debt relates to a contract with Vodafone from well over 10 years ago, it was thur phones4u and they never delivered the phone. We had several arguments with them pre 2002 and it was all sorted i thought. We have never heard anything about this debt. Its Wescot who have got the CCJ! MY OH went to the court yesterday and paid £80 to have a hearing in court under the grounds of we know nothing of this debt and dispute owing any money. PLease can someone help, I'm almost certain its SB but we have no paperwork to prove as it was from so long ago. Im certain we havent had any DC letters or anything and if we had I certainly would have ignored them. HOw can a ccj be granted without us knowing? HOw come the court didnt send us info re one being applied for? Im absolutely gutted and feel like this is going to be a real battle now. Not sure how long itll take to get to court, so any help greatly apprecaited. Ta Gilly
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Welcome Finance - claim form received
gilly5001 replied to gilly5001's topic in Financial Legal Issues
HI all Just an updaste, welcome havent returned my SAR and are now back to harrassing us with phone calls. My OH answered phone to them and stated that he wouldnt discuss anything with them as how could they be sure he was indeed the custimer after the letter they sent stating that they doubted our identity HA! What do I do now regarding the SAR request? -
Yeh us too they just keep ringing and we keep ignoring!
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