Welcome finance are scaring me!

[postggj]

scabhunter

 

ill bookmark that cpr request

well up to date

 

dont forget to include the extra bit in post 24

 

welcome will not want to answer that

following with great interest on this one

[postggj]

interesting that the claim is bang on five grand to keep it in small claims

maybe they are hoping for judgement by default

fat chance

[postggj]

send both letters to welcomes sols

[ScabHunter]

I'm not sure the claim is bang on five grand, postggj. I advised the OP to change amounts to more rounded ones, to avoid specific amounts being used as identification. The real amount could be under or over the £5000.

 

The paragraphs in post #24 cannot be included in a CPR 31.14 request, as CPR 31.14 only allows for disclosure of documents mentioned in the statement of case. This is why it is a good idea to send the CPR 18 letter as well. That covers far more, and allows for the inclusion of such a paragraph.

 

As postggj says, send both letters to the solicitors acting for (un)Welcome.

 

If you want to read more about CPR 31.14 and the reasons for making such a request, here is a link to x20's thread on it -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

SH

[doinitwrong]

I don't have a scanner so can't put things up which is very annoying. I took the loan about 18 months ago. It did have PPI at first but I argued with them about it and it was stopped.

 

I will take letter to post office Monday morning get sent out recorded. I do have all the little recorded delivery stubs of the letters I sent I don't actually know if they were signed for though. Althou they must have received my CCA request even though they ignored it they did cash the £1 cheque.

 

I thought you were alwasy credit scored on a remortgage will look into that once this is sorted out!

 

Again thanks for replies

[doinitwrong]

Will take a flash drive and letters to my friends later and get them scanned there.

[clemma]

Subbing with interest

[postggj]

scabhunter

i think you will find post 13

the cagger states the claim is for 5 grand

 

just seems strange that it is bang on 5 grand

[postggj]

if possible send by special delievery

[doinitwrong]

Letters were sent I guess just wait for reply now.

 

Thanks for all the advice

[WOOD73]

subscribing

[ScabHunter]

Letters were sent I guess just wait for reply now.

 

Thanks for all the advice

 

As well as waiting, we can start working on the defence which you will need to submit.

 

In theory, CPR request letters are sent to request information from the claimant. In reality, they are sent so that when the claimant ignores them, their non-compliance can be reported as part of a holding defence.

 

Have a look at this defence, as it will be similar to the one you will need. (The most significant difference is that your defence will relate to fixed sum credit and section 77 of the Consumer Credit Act, and not running account credit and section 78.) The only consideration is whether in your case we should get the defence below the 8000 character limit, so we can submit it online.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171510-help-please-court-papers-6.html#post1882272

 

The Particulars of Claim in your case mention a default notice. Do you still have a copy of this?

 

SH

[doinitwrong]

Yes I do but been unable to scan it at the moment.

 

Will get onto that right now thanks again

[postggj]

scabhunter

 

just a quickie

 

claim has been issued

you send the cpr letter off to the sols

say the sols say they are just acting for the client and you should contact them direct for the info

 

thats fine in theory

clocks still ticking to get your defence in

what options are open to the defendant then

[ScabHunter]

N1 claim forms have a specific place for an address for doucuments to be sent to, if that address is different from that of the claimant.

 

If the solicitors appear on the claim form, it is usually in that place, as here -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/166301-received-letter-northampton-court.html#post1794587

 

So they have no excuse for asking you to send letters anywhere else.

 

If a CPR 31.14 request is not complied with, you can spend £75 on an application to force them to comply or have the case struck out. As of now, I don't know of any case where a defendant has taken this option.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-3.html#post1771008

 

The alternative is just to wait for the Allocation Questionnaire stage, and challenge them there.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

SH

[postggj]

many thanks

[doinitwrong]

Just a thought what happens if they don't sign for it?

The address is a PO Box

[ScabHunter]

Just a thought what happens if they don't sign for it?

The address is a PO Box

 

If you have sent the CPR letters to the address given on the claim form for documents to be sent to, then the court will expect the solicitors to sign for the letters. If they don't they are just being obstructive and can be reported just as if they had signed for the letters and then just ignored them.

 

See my previous post. None of these pseudo-licitors operating for DCAs ever comply with CPR letters anyway. We just need to challenge them on their non-compliance, and get the court to order disclosure of the necessary documents.

 

SH

[felixfly]

Hi

 

I will be following this thread with interest as i am also having problems with Welcome. (See welcome finance problems in the mortgages section).

 

If you go to court and receive a CCJ to pay £1 a month, do they still add interest to the loan. At the moment they are adding £285 a month to my outstanding amount and i cannot afford to pay them more than £100 so my account is increasing. I may be better of i i get a CCJ and the interest stops.

[082stewie]

subbing

[hillards]

Welcome Finance, part of Cattles group based in Birstall, near Batley, West Yorkshire. Cattles are also Lewis Debt Recovery aka Lewis group aka CL Finance aka Howard Cohen Solicitors in nearby Cleckheaton.

 

A little bit too handy, having a big debt recovery company attached to a company giving out loads to people who have had difficulty in gaining finance through normal channels...?

 

See what some former employees have to say about their wonderful ex employer - Welcome Finance - Blagger.com - The place to leave feedback and comments about companies you have used

 

And, for anyone who has had dealings with them, have a laugh at the few short statements on Financial Services - The Welcome Promise

[hillards]

Just a thought what happens if they don't sign for it?

The address is a PO Box

 

If all else fails, their head office is:

 

Welcome Finance

Kingston House,

Centre 27 Business Park,

Woodhead Rd,

Birstall,

Batley

WF17 9TD.

[doinitwrong]

Reply from welcome today.

 

WE refer to youre recent letter in which yoiu have made a request for information under the civil procedure rules.

 

We are not obliged to provide this information and we would advise that the particulars of the claim detailed in the county court claim form should be sufficient to allow you to respond accordingly.

 

Please reply to the claim form. Please refer to the Claim form for the details of the time limit.

 

If you are in any doubt as to your legal position please seek your own legal advice.

 

 

???? Now what?

[postggj]

welcome have shot them selves in the foot on this one

there non compliance can be used as a holding defence

they realy dont want to answer certain questions do they

 

wait for scabhunter to get back

 

how long before defence needs to be submitted

[ScabHunter]

This is quite an unusual response, in that I can't see what they are trying to achieve with it. Normally, these pseudo-licitors will just ignore CPR requests. Sending a letter pretending that the law does not apply to you doesn't seem to make any sense. They know perfectly well that the law does apply to them, and they know that this letter will be included as an exhibit when you submit your holding defence.

 

I notice it contains no reference, so we don't know whether they are claiming they don't need to reply to CPR 18 or CPR 31.14. CPR 31.14 is the more explicit, in that the Civil Procedure Rules themselves specify a seven day limit on the claimant's reply. You can, if you want to, challenge them with an application, but it will set you back £75.

 

All you really need to do is incorporate this disregard for the law into your holding defence. Eventually, they will be ordered by the court to produce the necessary documents. You need to challenge this non-compliance in your holding defence, and then again at the Allocation Questionnaire stage.

 

It is all standard fare. The important factor is the timescale. As soon as the 14 days have elapsed for compliance with CPR 18, that it the time to submit the defence.

 

SH

Edited January 14, 2009 by ScabHunter