Welcome Finance charges court claim - they have counter claimed - help

[dx100uk]

the fscs have been handling the PPI reclaims for more than a year now

 

however, they're telling a slight porky there

 

as its the welcome staff operating under FSCS rules

 

so what about the charges reclaim

 

anything on that ?

 

dx

[Grundles]

Nope, no response on the charges reclaim.

That was what the email about not having the correct address was about, I think.

 

I've told them if there is no offer of compensation by Friday, court papers were being submitted.

 

They've had plenty of time now. From the email, and what you've said, I assume that it isn't FSCS dealing with that part?

 

When they sent me the SAR they included two statements

- one with the PPI premium included on the original sum lent (£1500 still owing) and

another without the PPI premium on (leaving £414 owing).

 

That means that really the PPI claim is irrelevant as they've already refunded it to me,

and the FSCS are wasting their time slightly.

 

Their admin ineptness not mine so they can continue to do so!!

 

I would also read that as them admitting defeat and saying that they will refund (by way of removing the premium from remaining arrears) the PPI without me making a claim......?

 

Currently the amount being claimed is around £8000, so the fact that the PPI is removed off the current arrears doesn't make much of a dent in the claim

 

[Grundles]

Have just broken the golden rule and called them. Spoke to a lovely boy called Ed who said they responded on 19th August and asked if I'd received it, errrr would I be making this phone call if I had?! He did laugh slightly at that. Anyway, he is resending the response, which he said was in my favour. Let's see what measly sum they have offered me :-/ xx

[Grundles]

Had the response. They've offered to credit my account with about £240.

 

These are the only charges which are unjustifiable apparently.

 

Can I reject this offer and take them to court?

 

Do I need to formally reject it

i.e. send them a letter saying I am not prepared to accept it and that they have 14 days to respond otherwise I am starting small claims proceedings?

 

Or do I just hit them with the court claim?

 

They seem to have missed the point on which they've already credited my account with the PPI premium and keep advising me to speak to FSCS.

 

Thank you for all your help so far xx

[Grundles]

Another thing.....sorry guys!

 

I have noticed on the SAR that they were asked to remove my work number off their records,

 

it says they have done and yet two days later they have called it again.

 

Surely this isn't on as they'd been told I was available on that number yet still insisted on calling it...

 

.is there any precedence, statute etc that I can quote about this?

 

x

[dx100uk]

post up your charges spreadsheet & this letter please

 

dx

[Grundles]

Hi All,

 

I have been have been a bit pants recently.

 

I have sent of the court claim with the spread sheet and have received a counter claim for the full balance.

 

Problem is that the counter claim is for the amount owing before the PPI refund.

 

This has been applied to my account and their counter claim is for £1157 yet the amount owing is £414.60.

 

I have an email address for the solictors (Cleggs) and have pointed this out to them.

 

I have also attached, as per Dx request months ago, my spreadsheet for you. Sorry I didn't see the post

 

Thanks.

Edited December 6, 2013 by Grundles

[Grundles]

Take three millioN!!!

 

Should now be attached

Edited December 6, 2013 by Grundles

[Grundles]

So the solicitors have gone quiet since I asked about the difference in figures owing, despite a chasing email sent yesterday?

 

What do I do now? They have filed the defence, do I just wait for a date? Not sure what to do on this one!

 

Any help appreciated

[dx100uk]

on that charges sheet

 

did they get you in court in 03/2009 & 05/2009.

 

dx

[Grundles]

First time yes.

 

The second time no,

 

they admitted it was an admin error at the time however they are now denying it.

 

The second one was an attachment of earnings, which was never gained (is that the correct terminology?)

 

I rang up and asked why they had done it and they removed it straight away.

 

I have added the CCJ claim as as far as I can see they wouldn't have needed it if they hadn't added the charges on.

 

Am I correct?!

 

Or have I totally wrecked my chances?

 

All of this has caused me a lot of stress over recent years, especially their debt collection tactics and general depth of debt

that I just want the debt gone now, and some form of correction on my file as

 

I've paid £4700 to them yet they still tell their solicitors to counter claim for circa £1570 :-/

 

Thanks Dx for your help.

[dx100uk]

we need the full story on this debt please

 

we are now only finding out we have half the history and the story.

 

dx

[Grundles]

I am unsure what you need to know?

 

I had a loan in 2007, which was defaulted (date unknown off the top of my head).

 

They took out a CCJ February 2009, for £5930 against me and I paid weekly amounts of £35.

 

To date I have paid £4700 towards a £2000 which should have cost me just over £3000.

 

The amount outstanding, as per the statement WF sent me is £414.

 

Do you need to know anything else?

 

Thanks Dx.

 

Appreciate your help and apologies if I have missed anything important.

[dx100uk]

can you post up the statements from birth?

 

did you contest the 2009 CCJ?

 

 

 

dx

[Grundles]

Hi Dx,

 

Tomorrow I can as they are in the office. Will remember this time!!

 

No, although not a brilliant excuse I had was only 20 at the time and had no idea what to do. I didn't know I could contest it or any of the charges added, I just filled in my I&E form and sent it off, the court ordered me to pay £35 per week (i was being paid weekly at that stage).

 

Thanks x

[dx100uk]

no that's great

 

anything else you can remember all the better

 

or any other letters

 

just make sure you redact them properly

 

dx

[Grundles]

[ATTACH=CONFIG]48177[/ATTACH]

 

Statement from loan start date.....

 

Letters - most was done over the phone in the beginning. Only recently have letters been sent, but I have all of them still

 

Need to fill in the questionnaire that goes with counterclaim. Hopefully there is a point on there that I can explain to the court that their counter claim is wrong.

[Grundles]

Hi All,

 

In the Small Claims Questionnaire "Other information" that Cleggs have sent me says

 

"We request the court give the standard directions for hearing with a time estimate of 3 hours"

 

What exactly does that mean?

 

On my form that I send to the court and Cleggs, can I write in there that I have requested clarification of why they think the outstanding balance is £1500 when a statement sent my WF says £414? I've also asked them for a breakdown of why they think the charges are acceptable, which is yet to be supplied. Can I add this in that "other information" part? What about the fact that I offered them the opportunity to avoid the court action? Or will all this come later?

 

Thanks xx