But they should have issued one before the account was defaulted which was while the acc was still active, we are just trying to get them to admit whether one was sent when it should have been, my brother doesn't ever remember getting one, "IF" not then we hope to try and trip them up somehow

Just a bump, as need defence in today ideally as away this weekend so can't guarantee I can do it sat

This is what is written on the claim form. The Claimant claims for sums due under Fixed Sum Loan Agreement(s) regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant. The Defendant failed to pay the contractual instalments in compliance with the terms of the Agreement(s). The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct. And the Claimant Claims: Personal Loan Account Number xxxxxx balance of £xxxxxxx as of 5/12/11. interest under s69 of the county court Act 1984 at the rate of 8% a year from 5/12/11 to 26/4/13 of xxxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.90 AND costs.

I have had a go at a defence (prob not worth much) so any help you can offer is great! thinking about it, it might be a bit too long Defence 1. I xxxxxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by Welcome Finance Ltd 2. On 14th July 2008 I requested that the claimant provide a copy of the executed credit agreement, which they claim exists between parties pursuant to s77 Consumer Credit Act 1974. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) sets out that the claimant must comply with such request in 12 working days of receipt of such request. 3. Section 77 consumer Credit Act 1974 sets out the consequences of failure to comply with such request and states s77 If the creditor under an agreement fails to comply with sub section (1) (a) he is not entitled, while the default continues, to enforce the agreement 4. It is drawn to the courts attention that the claimant failed to comply with my request and is in clear default of its obligations under s77 Consumer Credit Act 1974 and it is averred that the claimant had no right of action until such time as the default was remedied and the true copy of the executed agreement produced before the defendant containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by the debtor and creditor. 5. The claimant was informed of the default by way of an Account in Dispute letter dated 14th August 2008 but still failed to respond to the defendants request. 6. On receipt of the claim form, the Defendant requested from the acting Solicitors, by way of CPR31.14 information which is mentioned in the Particulars of Claim but due to the limitations of the filing method were not attached to the claim form. 7. The information requested was for a copy of the agreement on which the Claimant bases it's claim and Statements showing how the sum claimed has been arrived at. 8. On receipt of the claim form the defendant also requested from the acting solicitors, by way of CPR18 information relating to the Default Notices which the Defendant has not received from the Original Creditor. 9. On 24th May 2013 the defendant received an unsatisfactory response to both the CPR31.14 and CPR18 requests. In response to the CPR31.14 both the agreement and terms and conditions that have been sent are clearly illegible and missing parts, the CPR18 response simply states that a default notice is not required, however s87 states that a notice is a required requisite before a default can be registered and any subsequent action can be taken. 10. It is neither admitted nor denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant 11. I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) 12. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119 13. Further the claimant failed to issue any Notice of sums in arrears from 2008 to 10th April 2013 as required by law, as a result the amount claimed is inaccurate and cannot be enforced. 14. Further the defendant also disputes the amount claimed due to PPI and insurances that were applied to the policy, the defendant was misled by the claimant in as much as he was led to believe the PPI and insurances (although marked optional) were compulsory in taking out the loan. 15. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16 and Practice Direction 16. 16. Alternatively if the court decides not to strike out the claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules 17. Having instigated these proceedings without any legal basis for doing so, having failed to provide sufficient information required under the pre-trial protocols in order to investigate this claim and having failed to investigate a dispute as required by the OFT debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act1970. Furthermore, the Claimant's behaviour is entirely vexatious and wholly unreasonable.

I do appreciate all the help that everyone is offering, even though some of it is going straight over my head. I think the best i can do is try to get the amount due as low as possible for him, I know he has a little money saved and he obviously wanted to avoid a CCJ, so, if between us we can get it low enough he might be able to pay it off within the 28 days.

I have just seen this, "If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition, The debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure." If this is right, then it might be able to reduce the amount due as they are claiming interest from 5/12/11 to 24/4/13 is that correct?

Hi Andy, the notice of arrears has never been received, as he said he has had no communication since 08. He received a statement and a notice of sums in arrears the beginning of April, then another notice of sums in arrears on 22nd May, i have attached a copy what he had. Will also post the agreement and T&C's.

OK, have just spoke to my brother, he has said that it started with a missed payment that spiraled and he buried his head!! and so no paper trail, only the CCA i have with me. He has said he is going to try and get the money to pay it off, but it would have to go to court first to give him more time. If you think that a defence on the grounds of the CCA failure from 08 and the illegibility of the CPR response might help and also try and use the PPI to reduce the amount due. Could we go with that, even if it just buys him a month or so. Thankyou for your help Andy

Another thing i dont know if it can be used in a defence, but the agreement and t&c's they sent in response to latest CCA and CPR are virtually illegible

No, we have not done a DSAR, is that the same as a SAR? we only had time to do the CCA, CPR31.14 and CPR18 after getting the claim form. I know we don't have the time to get it in now but is it still worth sending one off?

He was employed, but thought he had to have the PPI to take out the loan, also having seen a few other agreements on here, i am not 100% sure he ticked the boxes for the insurances as the ticks are very very similar to others. As for the DN, he is adamant he never received one and when we sent the CPR18 they responded by saying that a default wasn't required

Hi Andy My main points i think are: (can only think of 4) Failed to respond to CCA request from 2008 so shouldn't have brought any action anyway No Default notice ever (defaulted while acc was still active) Failed to respond to the pre action protocols (ie no communication from 2008 until april 2013) Mis sold PPI

Cheeky sods have banked both cheques for the CCA!!! And any help appreciated, only got 2 days and have to have a defence in as wont be here to do it on fri or sat

Thank you squaddie, have taken what you said on board.

I am more confused now, any help I can get with the defence will be appreciated, I don't know what to do with it

Hi, yes the claim is for £4095, thank you for the spreadsheet, makes interesting reading.

So, you think he should be looking at counter claiming the PPI and charges then to help bring the cost of the claim down

statements here and also a nice penalty charges spready for you told you so about welcome!! £8,085.86 on this one to reclaim PPI to follow ok there are are 5062.23 reversal which leaves £234 they owe you but let them argue that! dx

Sorry I did say sar. Meant to say cpr and cca.

Yes there was ppi, there is a tick in the box so assume my brother ticked it, he did say that he thought he had to have ppi as he was working, as for charges I need him to email me his statements they sent in response to sar, will get him to do it tonight.

It is the full outstanding balance, my brother took out the loan to pay a few other debts off (stupid to go to welcome, I did tell him at the time). He made a few payments then split with is mrs and somewhere along the line stopped paying all his debts. He had a letter from lewis a while later, which is when he cca'd them back in 08, not heard anything since till the letter from ind the beginning april then the claim.

This is what is written on the claim form. The Claimant claims for sums due under Fixed Sum Loan Agreement(s) regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant. The Defendant failed to pay the contractual instalments in compliance with the terms of the Agreement(s). The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct. And the Claimant Claims: Personal Loan Account Number xxxxxx balance of £xxxxxxx as of 5/12/11. Interest under s69 of the County court Act 1984 at the rate of 8% a year from 5/12/11 to 26/4/13 of xxxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.90 AND costs.

Yes, they replied to the Part 18 by saying that a default isn't applicable and they can't see that it is relevant. and got 6 pages of statements, along with an agreement for the CCA request.

Hey Hey, same boat here! received paperwork today, seems they have been busy this week! I have a thread going if you want to take a look http://www.consumeractiongroup.co.uk/forum/showthread.php?390194-Welcome-finance-and-Hegarty-Court-Claim&highlight=hegarty

i am not going to be able to do it for the due date as going away, so will have to get it in a couple of days earlier so i am looking at 29th or 30th May.