Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **

[wannabedebtfreesoon]

It's really annoyed me because yet again they are putting me at a disadvantage. We are also supposed to file an agreed schedule of issues by 5th November, but how the hell am I supposed to do that when they haven't replied to my amended claim with their issues???

Apparently I'm not allowed to contact them now either, it all has to be done through Cleggs! If they wanted to instruct legal counsel it would have made more sense not to leave it until 4 days before their amended defence was due!!

 

Just waiting on my subscription to Lexis so I should be able to find out more then.

[mhadfi]

When were they supposed to file the amended defence by?

 

Contact the court in the first instance to see if they have filed it with the courts and not you. After that then contact Cleggs to ask either where your copy is if it's been filed, or if they are not filing an amended defence.

 

While logic does dictate that they will have to go with their original defence, the judge will most likely allow it to be admitted late.

I've sat and helped people make a defence case literally sat in the waiting area and it's been submitted and accepted.

 

 

though as it is a company the judge might not be as leniant in your case

[rcl]

this stinks, its the same issues again and again with Welcome, late filing everything, missing paperwork, its never ending !!

 

Did you chase up the ammended defence ?

[wannabedebtfreesoon]

Hello! Amended defence was due by 4pm 22nd October, to be SERVED and FILED and still nothing! I've just got my password for Lexis so when I get 5 I'll see what the oracle has to say! I'll ring the court later too, see if they can offer up any ideas. My main gripe is that we're supposed to filing an agreed schedule of issues by 5th November so by not providing me with their issues they're giving me less and less time to liaise and agree to a schedule!

[beyondhope]

What a joke! They are late AGAIN with me too - Witness Evidence due by 4pm today.....unless they are hand delivering they are late as postie has already been

[mhadfi]

I found a good link via google but I can't put it here as I've less than 20 posts

So the scenic method is :- goto books.google.co.uk search for "filing a defence late" and it's the book "Civil litigation - Page 229"

 

Interesting read, and from what I can gather if they are filing late they need to have applied for an extension from the courts.

 

 

My gut instinct tells me they are going to use the change of solicitors as a delay either shortly or on the day. Just hope I'm wrong.

 

 

EDIT

Also read page 332 of the book further down that list civil procedure. Coll v Tatum

Edited October 26, 2010 by mhadfi

[wannabedebtfreesoon]

It's ok, panic over! Received their LATE amended defence AND counter-claim this morning

It really is a work of genius ha ha! Apparently they are DENYING they entered my premises, and if they did it was de minimis, denying a secret commission was ever paid, denying a default was sent after termination AND they are claiming the FOS ruled in their favour when establishing a claim for misselling PPI - which is a bit odd because I never complained to the FOS!

 

Me and my new bezzy mate, Lexis, are about to have an absolute field day!!

[middenmess]

Me and my new bezzy mate, Lexis, are about to have an absolute field day!!

 

 

8)

[postggj]

DE MINIMIS

de minimis Part of Speech: adj Definition: so small or minimal in difference that it does not matter or the law does not take it into consideration Etymology: Latin 'of minimum importance, trifling' Usage: law

 

 

WHERE THE HELL DID THEY DIG THAT ONE UP FROM

[mhadfi]

so the solicitors that state on their site they can't enter property to take the car now say that it doesn't matter... rofl.

 

I vreally want to come and sit in the public gallery for this one

[postggj]

You and me both

[wannabedebtfreesoon]

so the solicitors that state on their site they can't enter property to take the car now say that it doesn't matter... rofl.

 

I vreally want to come and sit in the public gallery for this one

It's better than that! Their exact words are "The defendant's agent attached a hook to the vehicle whilst standing on the pavement,"...."any trespass into the Claimant's airspace to attach the hook was de minimis,".

I think when I serve them with my defence and reply to their counter-claim I will also mention that perhaps they need to amend their article from:

''... the lender can only seize and sell the car if it's parked in a public place such as on the road. If it's on private land (eg in a garage or on a drive) a Court order is needed.''

to:

''... the lender can only seize and sell the car if it's parked in a public place such as on the road. If it's on private land (eg in a garage or on a drive) a Court order is needed unless the agent can attach a hook to the vehicle whilst standing on the pavement.''!

 

I wonder if welcome failed to inform them about the video or the underwriting sheet showing secret commission or that I submitted the article by Cleggs as part of my evidence

 

I can't believe Cleggs are prepared to put their reputation at stake to defend this! It just goes to show how little morals these people have, never mind eh, I have no problem taking this through to the bitter end and showing ALL of them for the wretched **** they quite obviously are

[postggj]

Signs of despertion me thinks

 

wait for the offer of settlement

 

your costs are no doubt mounting up also

 

hope this is fast track

[wannabedebtfreesoon]

Signs of despertion me thinks

 

wait for the offer of settlement

 

your costs are no doubt mounting up also

 

hope this is fast track

They seem to think I'm some kind of idiot that I don't know what their little game is. So they bring a counter-claim and then in the end they say "we'll drop ours if you drop yours" - problem solved, or so they think!

[postggj]

They have realy pi$%^d you off and deserve all they get

 

go get em

[wannabedebtfreesoon]

When I say bitter end I really mean bitter end!! CMC in January and if nothing gets resolved, I will be taking it all the way to trial. I won't be bullied

[stevo7790]

Hellooo Wannabe

 

I've got to admit I almost wet myself when I read about the hook, did he have a fishing rod also? and then reel the car off your drive,even though we all know what the photo showed lol I'm sorry but if that is the kinda of stuff that stands up in court these days I'm going to leave the country lol!

[wannabedebtfreesoon]

Hellooo Wannabe

 

I've got to admit I almost wet myself when I read about the hook, did he have a fishing rod also? and then reel the car off your drive,even though we all know what the photo showed lol I'm sorry but if that is the kinda of stuff that stands up in court these days I'm going to leave the country lol!

I'll join you! After the appeal of course ha ha!

[wannabedebtfreesoon]

They are also saying that the first DN allegedly served is the one they are relying on. Any ideas on the purpose of the second one then?? Ornament maybe?

[mhadfi]

I think Cleggs don't know the half of what Welcome have submitted previously. Broken Procedures and everything else.

I wonder if they've spoken to Mr P

[ims]

Hi wannabe, hows the case going so far, havent had time to read all the posts as i have been away for a while, hope all is going well. x

[Crazy Diamond]

Hi, long-time lurker on this thread.

 

Could you girls and boys have a read here:

 

www dot consumeractiongroup dot co dot uk/forum/showthread.php?280435-**Bailiffs-took-my-car-this-morning-please-advise** (replace dots with , erm, dots, I don't have enough posts to write proper links!)

 

and see if you could help the young lady on there? I think she could do with all the support possible.

[dadofholly]

subbing - Have my own issues with Welcome

[rcl]

Just catching up with your case ! Did they send you a schedule of issues before the 5th ?

 

Im guessing they didnt !!

 

[wannabedebtfreesoon]

Just catching up with your case ! Did they send you a schedule of issues before the 5th ?

 

Im guessing they didnt !!

 

Sorry I haven't been around much lately I've just got so much else on at the minute as well as some people on here being determined to make cag an unfriendly place where other people's opinions are not welcome, but hey ho that's another story!

 

Anyway you guess right! I wrote to them back in September to request their negotiation/settlement proposals and they basically told me to **** off! The schedule of issues was supposed to have been agreed between us, but as they had refused to speak to me, I compiled my own and submitted it to court with a covering letter apologising for it not being agreed but they had refused to speak to me and that I didn't receive their defence until 5 days after the deadline so I had less time than anticipated to address all the issues.

I have just bought Goode Consumer Credit Law and Practice so I am now in the process of compiling a killer reply and defence to their counter-claim fully backed up by the Consumer Credit Bible!! Happy days

 

I suspect they filed an entirely without merit counter-claim for the purpose of putting the pressure on and getting me to settle and drop the whole thing, I think they have under-estimated me somewhat, I'm not easily scared!! Although they have now given me the opportunity to put them to strict proof that they are entitled to everything they claim in their counter-claim, as in proving that they repo'd the car lawfully and so can claim the outstanding balance!

 

We've a CMC in January and I fully expect a Tomlin Order to be produced so time will tell....