Welcome finance hire purchase agreement claim form received - Please help!

[nick999]

hello there,

I have got hire purchase agreement on a car with Welcome Finance comp. on 17th May 2006.

 

I had kept it for about 12 months and then had voluntarily terminated the agreement by calling them and asking to collect the car.

 

They had come and collected the car in excellent condition.

 

After in June 2007 I have received a letter asking to pay about 5000 pounds that is overdue from my contract.

 

I had called them and started to negotiate on the price saying that I will not owe anything because i had paid already around £5300

(including £800 cash deposit). the payment for a month was £370.30(including insurance)

there was credit of£3323 for insurance and credit of £7799 for the goods, total coming to £11122.37.

agreement signed for 48 months with a typical APR 28.6%.

so after the added APR total amount came up to £18674.

 

Termination rights of agreement says that if i had paid 6667.12 of the goods amount

and returned the car in reasonable condition i don't need to pay any more.

 

Apparently from amount I paid £5300 almost a half is only for insurance and the rest if for the goods.

 

Long story cut short:

I have received court claim form on 5th of June 2013 asking me to pay £5084. And I had not been in contact with them from june 2007.

 

Could anyone please help to deal with this situation?

 

I have no idea how to.

I have to respond to court till 1st of July

.Maybe anyone can check the agreement if its legal?

 

I went to CAB and they told me to seek solicitors advice on this agreement because its old and it might be with the way they count APR on insurances and stuff..

 

please find my attached agreement.

 

I also aim to claim PPI as it was mis-sold to me on this agreement as well.

Any help is much appreciated

thank you

nick

Edited June 26, 2013 by nick999

[AndyOrch]

Hi Nick and welcome to CAG

 

If you could convert your uploads to PDF...jpgs are far too small.

 

You have 33 days in total dealing with the summons...5 deemed served so 28 remaining...14 to Acknowledge service and if defending another 14 days to submit your defence.This can be done on MCOL by registering to use the service were you will be given a user name..the password is on your summons.

 

Regards

 

Andy

[nick999]

hello Andy,

 

Thank you very much for your prompt reply. I have send the acknowledgment of claim form and now I only have time up until 1st of July this will be 28 days from the date of the claim form issue. I have converted the filed to PDF but i cant find how to upload them? or how to change those ones I have already uploaded.

thanks again

regards

nick

[nick999]

I've done it. have uploaded the agreement in PDF files

thanks

nick

[postggj]

Please confirm the last time any payment was made in relation to this account

 

THIS MIGHT BE STATUTE BARRED

[dx100uk]

you've got PPI & shortfall there that will prob wipe the debt out

 

and that VT does not seem correct either.

 

you need to SAR welcome by RD tomorrow

 

as you'll prob have heeps of PENALTY fees too

 

dx

[nick999]

dear dx100uk

 

thank you very much for reply.

I am intending to claim PPI but now I have filled defence form saying that 6 years have passed. will see what happens and then if they say is not i will try claiming PPI. I am not sure what you mean I need to SAR to wellcom by RD?

regards

Nick

Edited June 27, 2013 by nick999

[nick999]

Dear postggj

 

thank you very much. I have made the last payment on 23rd of april 2007 and as I can remember i have sent the last letter with voluntary termination in may 2007 after that i don't think there was any letter of acknowledging the debt from me. i have filled the defense form saying that I believe 6 years have passed from last acknowledgment of my debt. will see no what will they send me back.

regards

nick

Edited June 27, 2013 by nick999

[postggj]

The claim is statute barred

 

Easy defence

 

This is now over

 

How have you submitted the defence

 

Have you stated you believe it to be timed barred under the statute of limitations

 

Can you type out your defence

[nick999]

dear postggj

 

this is what i wrote:

"I have not responded to the claimant in writing regarding the case

in more than 6 years. Last payment to the claimant was maid on

23rd of April 2007, and last letter in writing regarding voluntary

termination of agreement was sent in May 2007. Since then there

was no acknowledgment of the debt in writing from me. I believe it

has been more than 6 years of this case and I believe I do not owe

any money to the claimant anymore."

do I have to change anything or its too late after I have submitted?

regards

nick

[postggj]

Its good enough

 

If they decide to proceed then we can do a witness statement/skeleton argument with the relevant legislation

 

All that matters now is working out how much to get them to pay costs once they withdraw the claim

[nick999]

cheers

i will wait for their response now.

regards

nick

[citizenB]

hi Nick,

 

I see you managed to start your thread

[nick999]

hi postggj,

 

I have received a response, finally! only on this Saturday though 27.07.it is called Notice of Proposed Allocation to the small claims track. it says: take notice that:

1) this is now a defended claim.

2) it appears that this case is suitable for allocation to the small claims track.

if you think that this is not appropriate track or the claim you must complete the questionnaire and explain why.

there is also a small questionnaire which we have to fill in whether or not we think that the claim is suitable for small claims track.

I am not sure why do I have to fill this questionnaire and agree that this claim is suitable for small claims track if I had defended the claim that it is statute barred?

 

please would you be able to help me?

 

thanks

[AndyOrch]

Because the claim is now proceeding to trial and you must contend your defence.Its very important that you complete the DQ and submit it on time.

 

Regards

 

Andy

[nick999]

thanks Andy,

 

However im not sure how to complete the DQ. there is A ) do you agree to this case being referred to the small claims mediation service?

B) my details,

C) do you agree that the small claims track is appropriate track for this case?

if no explain why.?

D) hearing venue: which court would you prefer the hearing to take place?

are you asking for courts permission to use the written evidence of an expert?

how many witnesses will give evidence?

 

I have not received no response from the court regarding my filled defense form?

I am not sure why? I did stated in the defense form that the claim is statute barred as more than 6 years have passed since my last written acknowledgement regarding the debt.

 

thanks

nick

[AndyOrch]

A1 Yes

 

B Self explanatory

 

C Yes

 

D 1.State your local county court

2.No

3.One yourself

 

E Ignore

 

http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf

 

Copy to your Local CC and serve a copy on the claimant.

 

Regards

 

Andy

[AndyOrch]

The fact that you have submitted a defence and stated its Staute Barred is not the end of the matter.The Claimant wishes to prove otherwise...so let them its at their expense.

[nick999]

Dear all,

 

I have received a letter from the court again saying that preliminary hearing will take place on 16th of december 2013.

 

Would you please advice what to talk in the court and how to defend myself?

 

what should i bring what kind of evidence?

 

i have stated that i have not made any payments for 6 years and have not received anything in writing for 6 years either.

 

any help will be much appreciated.

 

thank you

[AndyOrch]

Two words needed....Statute Barred nothing more.

 

Regards

 

Andy