Welcome Finance Loan summary cause citation - mostly charges/PPI - **settled after welcome removed charges/PPI**

[postggj]

ok no panic

 

we now go onto the undisclosed commission payments ref the ppi

 

we will have to ask the court for an order for them to release this data

 

if the court agrees

 

welcome have no case

[IdaInFife]

hi rr,

 

sorry i can't help you out as ain't got clue. but will help with the bumping;)

 

ida x

[daarab]

Good Luck on Thurs RRFC

[postggj]

rrfcfan

 

when you are in court, tell the judge of non compliance of the docs

ask the judge if the underwriting sheet showing commision payments ref ppi can be produced as well as the other docs

 

ive a feeling the judge will say yes considering they are taking the micheal with the judge

 

cant hurt to ask

[rrfcfan]

Thanks postggj,

 

Looking at the court rolls there are 2 other cases with WF, they have been called before. I am taking an educated guess that both these cases are for the recall of decree as neither party turned up previously.

 

So when it is my time in court simply inform the sheriff that I have still not received all the paperwork requested on my I.A and also request the underwriting sheet showing all comission payments for the ppi policy.

 

Easy!

[postggj]

you have it in one

 

i would think you would then get a letter from welcomes sols saying they have given up and with drawn

 

they will not release this info, it will cost them millions

 

by a chance they do, remove personel details and please

 

post it on your thread

 

meny thanks

[rrfcfan]

Ok. I was at court today.

 

A local representative was there for WF today. He told the sheriff that they have supplied documents according to the Incidental Application I supplied 12 weeks ago.

 

I replied that the pursuer has supplied a few documents regard my I.A and I still request the remaining, quoting section 2 of the document. The sheriff then questioned this and continued the case for 4 weeks. I asked for the underwriting sheet showing commision payments and the sheriff asked 'why it was required ?' I replied ' to assist my defence ' .

 

Looks like I will be submitting an I.A for the disclosure of the underwriting sheet showing commision payments .

 

Has anyone suffered the same fate? Whats going to happen now?

 

I may need help with the Incidental Application ?

 

Thanks again.

[postggj]

Is Rory About As This Is Scotish Law

 

Did The Judge Agree To You Requesting The Underwriting Sheets Then

[postggj]

IME AFRAID I.A IS OUT OF MY AREA

 

REF WHAT TO PUT REF YOUR REQUEST FOR COMMISSION PAYMENTS, SEND A PM TO DIPPLY

 

MASTER OF WORDS THAT CAGGER AND HAS BEEN DOING THE ROUNDS REF COMMISSION AND WELCOME

 

IT WILL HELP ON WHAT TO PUT IN THE APPLICATION

 

http://www.consumeractiongroup.co.uk/forum/member.php?u=52715

[rrfcfan]

Thanks again,

 

No, the Sheriff decided not to today, but said in as many words to submit an I.A and will looked at it then .

 

This is where I am stuck.

Edited June 18, 2009 by rrfcfan

[IdaInFife]

Rory hasn't been around for a wee while.

 

Do you still have the basis for the IA?

 

ida x

[rrfcfan]

Hi Ida,

 

The basis for the I.A is to request the underwriting sheet for the ppi to include all commission payments to assist with my defence.

 

The pursuer has yet to provide any documentation regarding my ppi policy.

[IdaInFife]

sorry raith,

 

I mean the 'template' for IA

 

ida x

[rrfcfan]

Here goes, I have taken from rory's earlier post.

 

' INCIDENTAL APPLICATION

 

Sheriff Court:

 

Summary Cause Summons Number:

 

Date of Next Hearing:

 

(Their name) Pursuer against (your name) Defender

(address) (address)

 

The defender requests the court to postpone the hearing fixed for xxxx 2009 and that the case is temporarily sisted.

 

The defender also seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The documents requested to be recovered are listed below'

 

I hope this helps.

 

Thanks again Ida x

[IdaInFife]

lol i was going to repost that up for you

 

ida x

[Dipply75]

Hi rrfc fan, have read your thread, anything happened lately?

 

Must say, you have a very patient judge. Can't help thinking if an ordinary joe like us took the mick as much as WF have been we would be chucked out on our ears!

 

Subbng and good luck

[rrfcfan]

Hi, I think I have got the hang of this. This is a draft of the I.A I wish to submit, next hearing in court in 2 weeks.

 

'INCIDENTAL APPLICATION

 

Sheriff Court:

 

Summary Cause Summons Number:

 

Date of Next Hearing:

 

(Their name) Pursuer against (your name) Defender

(address) (address)

 

The defender requests an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The document requested to be recovered is the underwriting sheet for the Payment Protection Insurance to include all commission payments.'

 

Is this ok, or does someone else have something a little more appropriate ?

 

Thanks again.

[postggj]

Thats Bang On

 

We May Need To Side Swipe Welcome

 

Welcome May Respond That They Dont Have Those Docs, Which We Know Is Rollocks And Any Request Should Be Made To Direct Group Or NORWICH UNION

 

Ime Thinking Along Another Paragraph Saying If Those Docs Have Been Passed To A Third Party, Welcome Still Has An Obligation To Supply Those Docs As They Were The Ones Who Sold The Insurance

 

Just Thinking Out The Box To Leave Welcome No Room

[IdaInFife]

Hi, I think I have got the hang of this. This is a draft of the I.A I wish to submit, next hearing in court in 2 weeks.

 

'INCIDENTAL APPLICATION

 

Sheriff Court:

 

Summary Cause Summons Number:

 

Date of Next Hearing:

 

(Their name) Pursuer against (your name) Defender

(address) (address)

 

The defender requests an order for the recovery of documents from the pursuer in relation to the claim made against the defender. These documents are vital to the defender in order to compile a full defence. The document requested to be recovered is the underwriting sheet for the Payment Protection Insurance. This is to include include all commission payments and any assosiated charges, as the supplier of the above policy.'

 

Is this ok, or does someone else have something a little more appropriate ?

 

Thanks again.

 

 

ida x

[postggj]

Thats Bang On

 

Waiting For The Response, It Will Hurt Welcome In More Ways Than You Can Imagine

[rrfcfan]

OK, I will send my I.A today, do I also request a stay until all the documents are produced on this? My hearing is just over a week, I can recall the pursuer asking for my defence in the my last hearing. I have a feeling the pursuer will ask for this in the hearing next week.

 

Do I simply ask the sheriff do sist the case until all documents are produced, as I am depending on these documents for my defence?

 

Shall I start preparing a defence? Any one else suffering this fate?

 

Thanks again,

 

rrfcfan

[postggj]

just bumping rrfcfan as yours is scotish law

 

is rory back yet

[rrfcfan]

No sign of Rory i'm afraid.

 

Any Caggers out there that can help with my I.A ?

 

Do I request to sist case until all paperwork ie Payment Protection Insurance to include all commission payments has been submitted ? nearly 20 weeks since my first I.A to request all documents, and yet WF have failed to supply any ppi documents. Can I request the court to dismiss the case as the pursuer has not complied with my inital I.A .

 

I would like some help with this, my hearing is next week and I would like to be prepared. Any one out there has or is preparing a defence.

 

Any help will be great appreciated.

 

Thanks again.

[postggj]

rrfcfan

 

i myself would go on having it struck out if i was in your position

i would love for you to hold out to get those underwriting sheets etc,

but lets get into the real world,

this is your case and what needs to be done is whats best for you

 

i would go on having it struck out for non compliance, hell would freeze over before welcome complied. thats why no docs

if the judge wont have it ask for an unless order

unless they provide those docs it will be struck out

 

yours is a mirror of prudence case now

welcome went to the last minute

never released those docs, then withdrew there action

 

hang in there

not long now

 

try reporting this thread so a site team member can pm a cagger besides rory who deals with scotish law

[rrfcfan]

Thanks posty !

 

You're right ! I can either request the case to be struck out for non compliance or submit I.A for underwriting sheet.

 

The Sheriff has been particularly patient with this case, as explained earlier, 20 weeks since the first hearing, that was after the initial dismissal was recalled.

 

Why can't I try and ask for the case to be struck out for non-compliance, if this fails go in with the I.A?

 

You quoted in your last post 'if the judge wont have it ask for an unless order' ? I dont understand.

 

Thanks again,

 

rrfcfan

Edited July 7, 2009 by rrfcfan
typo