Yes, well, as I said, I didn't know how to defend the whole lot, because i do actually owe them money, so I worked out how much extra they charged me with the PPI and what the interest was on that and then deducted it from what I owed them. I then made an offer of a monthly payment. I still think that the interest rate on the first loan was bloody high, but I don't have a clue what I can do about that. I have now worked out what I owe them to be just over 4k instead of 6.5k and I have offered £40 per month. I can only just afford this, but I want the courts to know I am genuine.

No,it's not that. In fact, I am very pleased with the help I have had from this forum. The problem is that I was advised to defend the whole amount, but I can't, because I genuinely owe them money and I don't want to shirk my responsibilities as far as that goes. I just think they've ripped me off and I don't know how to prove it. Plus, I have loads of other debts, so I don't know how much to offer them. On top of this, I have just had to give my car back to the finance company because I can't afford it, and they are still gonna sue me for over 4grand! Anyway, I've done the court forms now and so I will let you all know what happens. I'll let you know how it goes.

Unfortunately, I had to do the court forms online last night, so all I could do was write down the interest charges and rates, but I don't suppose the court will be interested in that. Maybe when they win i could then make a claim against them for extortionate interest charges?

I am just about to complete the court forms for this, but how do I dispute the whole claim if I actually owe some of it? And if I want to dispute the bit that I don't owe, does anyone know how to calculate they have charged the correct apr? For example, I first borrowed 1500 from them in June 06 and the apr was 61.97%, so they charged me interest of 1320.84. I then topped up with £1500 in June 07 and the interest rate was no only 29.10% for some reason, and they charged me 1,912 interest on a total loan of 4,437.11. Does anyone know whether these figures seem right? I would really appreciate some advice because I am now really worried about this and not sure what I am doing. Thanks

Thanks

Hi. I whatever happens I will end up owing them money, because they are suing me. So what I meant was, would that be included in the Bankruptcy proceedings?Thanks

As I have over 20k of debts and no assets I have decided to go for bankruptcy before I have a nervous breakdown. Does anyone know how this would affect this case and whether I should mention it on the court forms?

I think the people on this site are really really helpful and I can't express my gratitude enough. If I ever have any money I will certainly donate!

OK. many many thanks for your help.

OK. thanks again. Any ideas how much to offer per month? Thanks

Thanks very much steven4064 - that's very very helpful. Just 2 more things really; 1) do i wait until the deadline to submit defence or do it now? 2) i actually do not want to avoid my responsibilities and I do want to pay what I owe. How do I calculate the correct amount that I owe them and how much is a reasonable amount per month to offer them? Thanks

No, because I didn't expect any of this to happen; I just thought they would do as I had asked and cancel it. I know they received the letter because they kept calling me and telling me to go to their office to sign a new agreement. I didn't trust them, so I didn't want to sign a new agreement. I contacted a legal helpline and was told that I didn't have to sign a new agreement, so I just stuck to my guns. They kept calling me and accused me of fraud, lying, and any number of other things. Someone came to my house and was abusive. By an agreement entered into between the Claimant and Defendant, the Defendant has failed to pay the sum of 6227.30 or any part thereof. The Claimant has requested payment but the Defendant has refused or delayed to pay. The Claimant claims the sum of 6227.30 and interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from 18/03/2008 until judgment or sooner payment. Costs. The claim does not include issues under the Human Rights Act 1998.

The PPI info at the time said that I could cancel it within 30 days. I sent them a recorded delivery letter - which they acknowledged on the phone that they had received, but they just kept making excuses about cancelling it. In the end I didn't know what to do to force their hand, so I told them I would stop paying, but they still wouldn't cancel it! Where I am now in the proceedings is that Irwin Mitchell haven't replied to my request and I have less than 2 weeks before I need to complete the court papers. I am still waiting for some kind soul to read this thread and tell me what to do next, because I really don't know.

OK, I've looked at all that, but there's still one thing I don't understand; Now that they have run out of time to reply to my request do I file a defence immediately instead of waiting until 28 days after the summons? The reason I ask that is because they may well read this forum (almost certainly if they've got any sense) and may decide to wait until day 27 before sending me the info. That would then give me no time to get advice from here. (Hope I'm not giving them ideas!) Any help would be gratefully received as I'm really confused

OK, thanks. i'll have a look. But I'm still not sure what to do about the fact that they haven't sent me anything, or how to defend.

I do know. But I have no idea what to put in the defence or what happens about the fact that they have missed their 14 day deadline. thanks

Sorry, posted twice in error!

Update Hi all. It is now 15 days since I sent them the Request for Information. I received a reply after only a couple of days, but it just said that they noted my request and have requested the info from their client (Welcome). Other than that I have had nothing. I acknowledged the summons on MCOL and said I would be defending. Do I need to do anything now? Thanks

No, never had statements, and when I topped up the loan in July I ended up with a cheque much smaller than I anticipated! I have no intention of not paying what I owe, I just resent them breaking the law and thinking it doesn't apply to them! Anyway, I have done acknowledgement on MCOL and sent the letter asking for all the info. Will post when I know more. Have a good bank holiday weekend everyone!

Just to add to the confusion, I was looking for the agreement number on my original copy of the agreement, and there isn't one! Does this make any difference to the claim?

Blimey, there's a lot of info there! Looks like I'm gonna have a busy weekend of learning. thanks again everyone. Note to MOD - please could you try to find out why my username has changed from thehomee to every letter of the alphabet except z! Thanks

Thanks 42man, I'll do that.

Thank you both for your advice. Looks like I'd better spend the Easter weekend trying to figure out how to word this on the summons form. Have a good Easter!

Hi All. I took out a personal loan with Welcome about 2 years ago. I increased the loan in July 2007 and was sold PPI. Within 30 days of the increase I wrote to them and said I wanted to cancel the PPI. To cut a long story short they kept refusing to do it, so I started to withold payment (I didn't know what else to do). Last week Irwin Mitchell solicitors wrote to me saying that I had 7 days or court action would commence. I replied saying that I would not deal with them and that my account with Welcome was in dispute. I have now received a court summons. 1) Do I admit all of the claim? 2) How much do I offer to pay each month? The amount owed is about 6.5k Thanks BTW - I have no idea why my username has suddenly become every letter of the alphabet! My actual user name is thehomee!

Hi Thanks for that. You're right, the amount they are claiming includes horrendous charges and I could afford to pay it if they were reduced. Thanks for your help.