Welcome Finance have sent me a claim form from Howard Cohen & Co solicitors

[postggj]

ANDY

 

Do we have to accept it, will the court look on us less favorable if we do not

 

We all know what welcomes administration is like

 

Can you give your own opinion as to accept the extension or not.

 

Cohen has a tendency to withdraw once a defence has been submitted, just like uncle Bryan

 

I do not want the OP to be made out as being unreasonable if Cohen starts to throw his toys out of the pram

[Andyorch]

No you dont have to accept...just submit a defence on time.....but you will be without the documentation requested...hence their suggestion of an extension..

[postggj]

Can the court be made aware of our refusal to accept an extension for Cohen to try an locate the required documents

 

At the end of the day, Cohen should have the documents before bringing a claim, even for a bulk issuer, which is a poor excuse

[Andyorch]

Can the court be made aware of our refusal to accept an extension for Cohen to try an locate the required documents...No not their concern

 

At the end of the day, Cohen should have the documents before bringing a claim, even for a bulk issuer, which is a poor excuse

No they shouldn't...no debt buyers carry any documentation with regards to the debts they purchase...they purchase a portfolio...a statement from the creditors which states name/address account number debt value...and maybe last payment dates.The Original Creditor (Assignor) retains all the paperwork.

 

Regards

 

Andy

[Superashley]

Ho guys just seeing all your responses. Cant thank you enough, I would have crumbled by now without your advice.

 

So I carry on waiting for them to produce the documentation? Then 14 days after that to submit defense?

[postggj]

Lets go with the flow on this one

 

Send that letter of extension to the court from cohen and see what rubbish Cohen sends back

 

Keep the thread updated

 

I myself would send in a defence now stating that you have no documents in which to defend, and go through the normal time scales

 

But that is me and you have to make that choice

[Andyorch]

" I myself would send in a defence now stating that you have no documents in which to defend, and go through the normal time scales"

 

And that's when the Claimant would make application for SJ or SO.... claims are not based on documents..they are based on debts..... so missing documentation or none compliance with CPR requests do not form the basis of a valid CPR compliant defence.

 

Regards

 

Andy

[Superashley]

Sorry, a little new to the terms, what does so and sj mean? Suspended judgement? suspension order?

 

My gut is telling me to wait and see what they produce, I will have 14 days after that to submit defense.

[Andyorch]

SO is Strike Out and SJ is Summary Judgment

[Superashley]

UPDATE-

 

So today i received documents from Welcome via Cohen and co.

 

The letter reads -

 

We refer to the above and in particular to your unsigned and undated CPR 31.14 request and Part 18 request for further information together with our letter dated 2 July 2013.

 

Please find the enclosed documentation pursuant to you CPR 31.14 request.

 

You will find the answers to questions 1, 2,3(A) and 4 of your Part 18 request among the enclosed documentation.

 

With regards to question 3(B) of your Part 18 request the answer is yes. However the claimant is unaware of why this is of any relevance to you.

 

We now await your response to the county court claim Form by 4.00pm on Friday 26 July 2013.

 

We trust that this is in order.

 

Howard Cohen & co

 

Inside the envelope is a copy of a default notice dated 2 feb 2013. I have never seen this letter before

 

There is a personal loan statement showing all my payments I had made the last one dated 31st may 2012. Its a bit confusing for me as after every payment I made of £74.60,

there is a capitalisation fee which makes it seem like for every payment i make, the balance is actually only going down by about £20!

 

It also has a copy of my loan agreement - but its barely readable. the print is so small and blurred its very hard to make out.

 

It is signed and dated by me, turns out i didnt get PPI.

 

It says total amount of credit £2572.35.

 

Is this including the interest that is due to be paid back?

 

Because that is not the amount I got from them.

 

I got £1000, and then I got a top up on that of £500,

 

a refinance I think its called, but this isn't mentioned anywhere from what i can see,

looking at the balance on the statements the starting balance is £2647.35, no where has it been recalculated to show that £500, so thats a bit confusing.

 

Another confusing thing is that I can just make out on the agreement that it says I must make 72 payments of £74.60.

And looking at the statement it shows 38 payments of £74.60. But I could swear that when I first got the loan the amount that I was paying was something like £140 or £141. I could swear!

 

I remember calling them and telling them my hours had been cut down at work so could i reduce the payments for a while, and then it was changed to £74.60.

 

I even remember I was in a bar with friends from work when they called me to say they could reduce it.

But as seems to be the pattern with me,, I cant remember the exact date and i suppose i don't really have proof.

 

So I have 2 weeks to fill in the defense. I have to say, I dont think its looking good. Any Thoughts guys?

 

Thanks in advance.x

[smokejumper]

I'm following this, but not able to offer any help, sorry.

 

But reading your last post, are you saying they may have made up the agreement and it's not the original and that they used the figures they had.

If that's the case, I would thought it was a highly illegal thing for them to do.

[Superashley]

I dont know whats going on there. Maybe when they sent me the direct debit agreement it was a different amount, but I distinctly remember asking them to lower my monthly payment.

[dx100uk]

please scan up what you have gotton

 

we are well used to welcome statements and hiding things

 

dx

[Superashley]

I dont have access to a scanner here, but i can do it tomorrow. How do i attach the scanned items? just paste it or some kind of link?

[dx100uk]

ah sri link didn't work

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Superashley]

Ok i will attempt this tonight. bear with me.

[Superashley]

Hey guys sorry for delay, I had some technical issues but have managed to get the documents uploaded and redacted. Will upload now.

[Superashley]

Here are all the documents I have been sent. Any advice is greatly appreciated. x

 

 

 

[ATTACH]45221[/ATTACH]

Edited July 25, 2013 by citizenB

[Andyorch]

Your name is still on the first document...please edit and upload again.....Attachment unapproved.

 

Regards

 

Andy

[Superashley]

Hope I have done it right!

[Superashley]

Ok lets try again![ATTACH]45223[/ATTACH]

[Andyorch]

Ok lets try again![ATTACH]45223[/ATTACH]

 

[dx100uk]

did you sar welcome?

 

so this is a refinance loan [refinance bal £2572.35 ]

where are the details on the first loan

[prob all fees & PPi]

int rate is not correct

74.60*72=5371.20

27.5%

lots of PENALTY fees

dn is almost invalid on dates

[Superashley]

No I didn't send an sar.

 

The refinance thing is what confuses me, I did refinance but it doesn't mention the original loan or any payments I made before the refinance.

 

According to this agreement I didn't have ppi

[dx100uk]

but prob on the first one you did

 

you really need ALL the info from welcome.

 

dx