IND after a Welcome Finance debt

[AndyOrch]

The Claimant should respond to any counter claim within 14 days

[INDlover]

OK so I should ring Northampton CCBC tomorrow. What should I be asking for exactly? Whether Welcome have responded to my counter claim?

[INDlover]

Well my defence was received on 18/07/2012 making 14 days tomorrow. Should they have got in touch with me? Would something come up on the Moneyclaim website if they had responded? What happens if they don't respond?

 

Thanks for your help Andy!

[AndyOrch]

OK so I should ring Northampton CCBC tomorrow. What should I be asking for exactly? Whether Welcome have responded to my counter claim?

 

[AndyOrch]

Well my defence was received on 18/07/2012 making 14 days tomorrow. Should they have got in touch with me? Would something come up on the Moneyclaim website if they had responded? What happens if they don't respond?

 

Thanks for your help Andy!

 

No PT 20 CC responses are not logged through MCOL.

[INDlover]

Sorry for so many questions! I'll just ring and update in here tomorrow.

[INDlover]

Just got off the phone with Northampton CCBC (after being on hold, hung up on for 30 mins) and Welcome haven't responded yet. They have until the next Monday (06/08/12). The man advised me to still fill out the AQ and pay my money. What do you guys think? What should I do now? I'm guessing getting in touch with Welcome might be a foolish move at this point?

 

Thanks for your help!

[AndyOrch]

Yes don't approach them INDlover they will probably not submit their AQ, assuming no response to the CC then no response to the Defence.Once you submit your CC AQ then your claim proceeds.

 

Regards

 

Andy

[INDlover]

OK so I should go ahead and submit the CC AQ or wait?

 

Thanks!

[AndyOrch]

Catch 22 IND they may not file their AQ in which case you could strike out...end of the matter.Im trying to save you £210 here in pre-empting what might happen.

If they fail to submit AQ then you become the Claimant how far and how important to you the claim is must be a decision you make.

 

Would you have claimed the money if they had not issued the summons?

 

Regards

 

Andy

[INDlover]

No not at all, I would never have claimed the money! I just want this to be ended and don't wish to pursue any further. I'm just worried that if I don't submit the AQ and Welcome respond that I'll then be in a bad position. Is that the case?

[AndyOrch]

They have not even responded to your defence or CC hence the lack of AQ for the main claim.I would advocate checking with the court once more and explain that you are ready to submit your AQ for CC but the claimant has yet to respond to the defence or CC and that the main AQ has yet or maybe not be despatched.Should you still proceed with your CC AQ?

 

I have never dealt with this before (AQ for CC before AQ for Defence) IND so its a tad difficult to advise.

[INDlover]

Ok thanks for the excellent advice. I'll get in touch with Northampton CCBC again on Thursday and see what they advise. It does seem strange. They said that if there was no response that I would become claimant and Welcome would be defendant, I have no idea how things would move forward then. Hopefully I would be in the position to write off the CCJ.

 

Thanks again for your time, it's been a great help.

[INDlover]

Just phoned Northampton CCBC again. Welcome have still not responded to either my defence or counter claim. I am thinking that I might post off the AQ today, then ring up and check again on Monday, if they have responded I can pay then, if they haven't I won't. How does this sound?

 

Thanks guys

[INDlover]

Just phoned Northampton CCBC again as today is what I thought was the cut off day. Here are the points I picked up from them:

 

The AQ I received is the only AQ, it covers both my defence and my CC.

Welcome have not yet responded to the case.

I don't have to pay my AQ fee unless I want to take it further, I can wait to see if Welcome respond.

Today is not actually the cut off point, as they claim. If Welcome do not respond by the end of today they'll be sent a reminder letter and actually have another seven days to respond.

 

Would I be granted the same courtesy, a weeks respite because I hadn't bothered to respond? Do you think it will affect their position in court if they do respond late?

 

I've still received no appropriate documentation from them (default notice, legible contract with ToS) and the court bending in their favour is just making me really frustrated now.

[AndyOrch]

Hi IND

 

Yes there have been recent changes to the AQs, you now only submit one for defence and CC. I personally would keep payment in abeyance subject to a response but ultimately that's a decision for you.

If the AQ is not submitted by a certain date your CC will lapse as will their claim (stayed).

 

Regards

 

Andy

[INDlover]

Thanks Andy,

 

I'm going to hold off on paying. I guess I'll just keep checking with the CCBC to see if Welcome have responded. What will happen in regards to the money I owe them if they do not respond? Will the CCJ be struck off? I'm presuming that now that I've acknowledged the debt I will have to set up a payment plan independently with Welcome if they don't respond.

 

Thanks very much for your time.

[AndyOrch]

They have exceeded the set response time 28 days therefore the claim is stayed (no surprise there).Normal procedure is you submit defence they acknowledge inform Northampton and AQs are released to both parties.Because you have entered a Part 20 cc your AQ has been released but not theirs.They have 14 days to respond to your CC, otherwise in theory you become Claimant PT20 defendant and you can request judgment by default (no response) obviously that would involve paying the fee for the AQ.

 

" I'm presuming that now that I've acknowledged the debt I will have to set up a payment plan independently with Welcome if they don't respond." Why on earth would you want to do that?

 

Regards

 

Andy

[INDlover]

So as of today (as it has been 14 days since I made my CC) I could possibly be claimant rather than defendant. Any idea why Welcome are being awarded another seven days and a reminder letter to respond, is this standard procedure and does it affect anything or has the deadline already passed for them?

 

I thought that all this simply struck off the CCJ and that I would still be in debt to Welcome for the appropriate amount, unless I follow through with my CC. Is that not correct?

 

Thanks!

[AndyOrch]

If they fail to submit their AQ the case colapses and the Court can make sanctions to Strike Out their claim.You have options then either to let it stay or proceed with the CC.

The Courts will always allow more leniency towards the Claimant rather than the LiP, wrong but there you have it.

 

Andy

[INDlover]

Thanks Andy,

 

If their claim is struck out does that mean I would have to pay them nothing back?

 

I thought they could just re-present the case if they so desired.

 

I'm in two minds as to whether to proceed with the CC.

 

If they decide to take me to court again and I don't have that money to pay them then I will be in a bad position

but really I just want the whole thing to be dealt with ASAP!

 

Does it seem strange to you that they have not responded?

 

I'm trying to understand why they wouldn't other than the fact that I might have got buried in a large pile of ongoing cases

and forgotten about, in which case the reminder from the court will no doubt get them back on track.

 

Do you think there is the possibility that they do not have the appropriate documentation

and were not expecting to be called out on it?

 

Perhaps they were hoping to scare me in to payment?

 

Thanks again!

[AndyOrch]

If struck out they would need to justify bringing it again ( or others if sold on) the P.o.C would have to be different as would their claim.The matter becomes a question of cost effectiveness and no challenge, bad enough you submitting a defence but to bring a PT20 also is well out of IND depths, they simply are not equipped to fight it and the profit diminishes once Council is instructed to fight for them.

 

They wanted judgment by default no defence no challenge nice pickings, they are not in the game to buy debts and then have to spend to get judgment.

Give the CC some thought and see what transpires, don't forget you can also resurrect your CC if the threat resumes.

 

Andy

[INDlover]

Oh ok! Thanks for the information Andy. I'm going to phone Northampton CCBC again tomorrow and see when I become claimant. They've been very difficult to get information out of so I'm really appreciative of all the help you've been giving me!

[INDlover]

So I've just rang Northampton CCBC who have told me that Welcome responded today, are not willing to mediate. Surely this is the worst case scenario right? I'm waiting to get the documentation through. Guess the first thing I need to do is pay that £210 correct?

 

Starting to panic a bit now, they've still not provided with the documents I need either.

[AndyOrch]

So I've just rang Northampton CCBC who have told me that Welcome responded today, are not willing to mediate.(Bad for them when the question of costs is decided) Surely this is the worst case scenario right? (Not really wait until they get a copy of your AQ they may wish to mediate then) I'm waiting to get the documentation through. Guess the first thing I need to do is pay that £210 correct? Unfortunately yes

 

Starting to panic a bit now, they've still not provided with the documents I need either.

They will have to provide them either at AQ or Standard Disclosure or at Pre Trial N170 so stop panicking they cant wing this one.

 

Regards

 

Andy