Help with Welcome Finance

[wannabedebtfreesoon]

Something's not right here.

The figures being different is VERY important.

 

Is the figure for the arrears the same or different on both notices???

[wannabedebtfreesoon]

Now I see what happened, we were just getting down to the details and you were going to scan the DNs but then we got sidetracked lol! That's why I don't remember

 

That was close, I really thought I was losing it there for a minute!!

[beyondhope]

Something's not right here.

The figures being different is VERY important.

 

Is the figure for the arrears the same or different on both notices???

 

Ok default that is included in poc re:time allowance has arrears of £236.40, outstanding balance under agreement is £14328.83

Default from august has arrears of £1143.60, total amount payable under agreement £15552.00, total amount paid by date of this arrears notice £930.00, outstanding balance under the agreement £11668.11, rebate of acceptance fee and credit charges £143.51, rebate of insurance £0, rebate of interest £5064.36 total outstanding £6460.24

 

this is where the issue with how much i actually owe comes into play as the total outstanding above has an adjustment of £5064.36 as a rebate of interest whereas their defence and now this TLG letter is requesting the full £11668.11

 

they are slightly different as the first default didnt have as much info on and neither has an insurance rebate and insurance is valid until oct 10 according to direct group when i contacted them previously but obviously worthless with a terminated agreement and no car.

[beyondhope]

Now I see what happened, we were just getting down to the details and you were going to scan the DNs but then we got sidetracked lol! That's why I don't remember

 

That was close, I really thought I was losing it there for a minute!!

 

aahhh so its ME thats losing it not you lol info is above from it anyway

[wannabedebtfreesoon]

aahhh so its ME thats losing it not you lol info is above from it anyway

No it's fine, I know I'm losing it lol!

[beyondhope]

you and me both then lol

[wannabedebtfreesoon]

Ok default that is included in poc re:time allowance has arrears of £236.40, outstanding balance under agreement is £14328.83

Default from august has arrears of £1143.60, total amount payable under agreement £15552.00, total amount paid by date of this arrears notice £930.00, outstanding balance under the agreement £11668.11, rebate of acceptance fee and credit charges £143.51, rebate of insurance £0, rebate of interest £5064.36 total outstanding £6460.24

 

this is where the issue with how much i actually owe comes into play as the total outstanding above has an adjustment of £5064.36 as a rebate of interest whereas their defence and now this TLG letter is requesting the full £11668.11

 

they are slightly different as the first default didnt have as much info on and neither has an insurance rebate and insurance is valid until oct 10 according to direct group when i contacted them previously but obviously worthless with a terminated agreement and no car.

The issue of what you 'allegedly' owe doesn't come into it now!

I wish I'd seen these figures before, the arrears are the most important thing. It just doesn't make any sense! It's one of the things I'm pulling them up on.

 

Ok it's like this;

You get a DN showing 2 months arrears and then they terminate and repo. The agreement is terminated, the remaining balance is due in full. Total amount outstanding is due therefore your obligation to continue with your normal monthly payments is finished because they have asked for payment IN FULL.

So then how the Hell can they send you a DN showing any more arrears than were payable at the time of termination?? That would imply that the account WASN'T terminated when they said it was, and how can they enforce their right to repo on an agreement that wasn't even terminated?!

[JanetM]

You can also quote the harressment act on the phone. You have the right not to be desturbed and to have the information by post, so you can also tell them that. If they ring again they are breach of the information act (how they use the information you have given them) and the harressemnt act.

[beyondhope]

Thats is what I thought! If its terminated its terminated so how can the balance continue to increase/decrease and how can I be defaulted on an agreement that doesnt exist in as many words! it was on my list of muck

 

defence dated 9th july received 15th july

letter from collections dated 21st july 2nd class states i have debt of £6,405.89 reduced to £3,202.95 if paid in full within 28days

letter from court that defence filed containing aq dated 26 july

default dated 2/8/10 (so offer was for 28 days but defaulted within that time anyway)

unless order for their aq dated 16 august

their aq dated 25/8/10

TLG full demand dated 3/9/10

 

thats the time line

[beyondhope]

They also initially terminated twice anyway hence the arguements over dates in their defence as they have one dated 2nd and they want me to prove there was one dated 1st which of course I can do! they both say without prejudice but as they have referred to the one and requested proof of the other without prejudice doesnt really come into it

[beyondhope]

You can also quote the harressment act on the phone. You have the right not to be desturbed and to have the information by post, so you can also tell them that. If they ring again they are breach of the information act (how they use the information you have given them) and the harressemnt act.

 

thanks for your input but none of them call anymore due to a few harrassment letters

[wannabedebtfreesoon]

But unless I'm mistaken, the without prejudice isn't actually on the document itself...

 

I'm going down the route of "obviously the termination wasn't valid so in effect you had absolutely no right to touch the car in any case"!

 

...and then go on to inform them that they lied in court and I can prove it lol! Sorry, I'm still buzzing from that little discovery

 

Anyhoo, I need sleep immediately I've had a very busy day learning computer language!

 

Catch up tomorrow mate, sweet dreams x x x

[beyondhope]

But unless I'm mistaken, the without prejudice isn't actually on the document itself...

 

I'm going down the route of "obviously the termination wasn't valid so in effect you had absolutely no right to touch the car in any case"!

 

...and then go on to inform them that they lied in court and I can prove it lol! Sorry, I'm still buzzing from that little discovery

 

Anyhoo, I need sleep immediately I've had a very busy day learning computer language!

 

Catch up tomorrow mate, sweet dreams x x x

 

 

Not on the defaults its not its on the covering letters but its on BOTH termination letters

 

Hehe sleep well hun catch you tomorrow see if ive discovered any other muck by them xxx

[wannabedebtfreesoon]

Excellent! As long as the important part is free to use eh?!! But also, if they've referred to it in their statement of case it's fair game as far as I'm aware.

[beyondhope]

Excellent! As long as the important part is free to use eh?!! But also, if they've referred to it in their statement of case it's fair game as far as I'm aware.

 

yep 2nd feb one is the one they agree to sending the one dated 1st feb is the one they want 'strict proof' of so I would say that is openly giving permission to use anything I claim I have

[wannabedebtfreesoon]

Maybe it's my sleepiness that's making me all befuddled but surely there would never be a need for more than one default on an agreement unless you made a payment after service within the time limit?? It just doesn't make sense, a default notice is sent when you are in arrears on an agreement to give you time to remedy the breach or they will terminate.

I'm sure terminated means terminated and not active. Maybe it'll make more sense in the morning, but somehow I doubt it!!

[beyondhope]

Maybe it's my sleepiness that's making me all befuddled but surely there would never be a need for more than one default on an agreement unless you made a payment after service within the time limit?? It just doesn't make sense, a default notice is sent when you are in arrears on an agreement to give you time to remedy the breach or they will terminate.

I'm sure terminated means terminated and not active. Maybe it'll make more sense in the morning, but somehow I doubt it!!

 

I positively believe it will make equally as little sense, my understanding is that default can be issued repeatedly until termination but are useless post termination as its terminated!

 

notes to self taken from HERE

 

I did, following advice from this thread, accept unlawful repudition in writing so i would assume that would in effect terminate the agreement so their arguement that they terminated 'lawfully' on 2nd feb makes the 2nd default irrelevant anyway despite it being unlawful albeit by 1 day for arguements sake it was accepted so therefore the agreement WAS undoubted terminated

 

yes

 

all you have to do now is make sure you present the point to the judge in the right way to leave him no wriggle room

 

there is NO relief in the CCA s88/87 for the creditor to terminate on the back of an invalid DN

 

AND THERE IS NO ROOM OR LEGLISTLATION WHICH GIVES THE JUDICIARY THE POWER TO CONSIDER AS DE MINUMUS- THAT WHICH PARLIAMENT HAS PRESCRIBED.

 

I have today received a letter from compliance requesting suggestions as to ways to settling this claim in a bid to stop costs increasing for both parties response is under construction somewhere between the shock!

[cab1ne]

"OOPS" im hear.

 

cab

[beyondhope]

well fancy seeing you here

[cab1ne]

well fancy seeing you here

 

ive just been chatting to a lady just like yourself a few minutes ago "its a small world"

 

cab

[beyondhope]

There cant possibly be two of me.......the world couldnt cope

 

So on weds is 100 weeks since the first agreement was signed.......which makes 700 days. I now need to work out 8% interest on £1504.04, my brain hurts

 

How are you doing anyway Mr Cab ?

[beyondhope]

and this is how lol

 

1. To calculate the "Statutory Interest" of 8% you must take 8% of the amount of your claim. For example, if your claim is for £3,000 the Statutory Interest of 8% would be £240.

 

2. Take the Statutory Interest figure and divide it by 365, e.g. £240 divide by 365= 65p (The daily interest figure).

 

3. Calculate the amount of days between the date of your claim and the final hearing. For example, if you started your claim on the 22nd Sept 96 and the Final Hearing takes place on the 31st Dec 96, then this is 100 days.

 

4. Multiply the number of days by the Daily Interest rate figure, 65p x 100=£65. This gives you the amount of interest to be added to your claim at the end of your case.

[cab1ne]

There cant possibly be two of me.......the world couldnt cope

 

So on weds is 100 weeks since the first agreement was signed.......which makes 700 days. I now need to work out 8% interest on £1504.04, my brain hurts

 

How are you doing anyway Mr Cab ?

 

me doing great m8.

i am just about to prepare my lengthy defence for shoosmiths / lombard. actually i am dreading it.

 

cab

[beyondhope]

me doing great m8.

i am just about to prepare my lengthy defence for shoosmiths / lombard. actually i am dreading it.

 

cab

 

glad to hear it, enjoy the paper pushing and shout if you need a proof reader or in fact anything at all

[cab1ne]

glad to hear it, enjoy the paper pushing and shout if you need a proof reader or in fact anything at all

 

"SHOUT" i will, you know i won't be able to resist it.

 

just read your emails and in all fairness i "CONCUR"

 

cab