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

[Superashley]

So should I contact hem and ask them for those details? I don't have much time left, defence is due in by next Friday.

[dx100uk]

no you don't

27th when I asked might not have made that amount of diff, but it could have been through by now.

 

there is something VERY wrong about the total they claim you ose

and about the agreements and statements.

 

but idf that helps you is another matter.

 

however SAR them by RD TOMORROW.

 

it might be that you could/might get enough money to pay off the ccj in the 30 days before it registered IF you do get one.

 

I am NOT legally minded.

 

so the help you avoid the CCJ, my help is not relevant.

 

dx

[Superashley]

Thanks for your advice! I will get of the sar tomorrow. Do i still send it to welcome via Cohen? Its a long shot what with the time they could take but i will try.

[dx100uk]

sar's always to the OC ....welcome

 

dx

[Superashley]

Ok so sar was sent end of last week. But I don't hold out hope of getting anything back in time. It would be in their favour not to rush and seeing as they have 40 days to respond and I need to send in defense or admission by Friday it doesn't look good.

 

So I need to proceed, and then if I get it great. I. An tell from the documents I have been sent that something is not right but it's not easy trying to pinpoint what or trying to prove it. Should I be saying I'm not paying or saying I will pay some or all? How do I word it when it comes to submitting your case?

 

Starting to get really anxious and atressed now.

 

How should I proceed with this?

[Superashley]

No body can help advise me?

 

I haven't herd anything regarding the sar. I need to put in my defense or admission or whatever tomorrow evening.

[honeybee13]

Hello superashley.

 

The site team are aware that you need help, I hope someone will be along soon.

 

My best, HB

[citizenB]

Have you had a response to the CPR requests you sent off ?

[Superashley]

Yes I posted a link to the forms a few posts back.

[citizenB]

My apologies, I didn't read the whole of the thread.. I will go and do that right now

[citizenB]

Ok, well the first thing that stands out is the Default Notice was dated on a Saturday, so that knocks off a few days for the time to remedy the breach.

 

If it was sent 2nd class Mail, which they usually are, then you would only have had 12 days rather than the statutory 14 days. However, you need more than that to put forward a defence.

 

Are you saying that they have not provided a full statement of account ?

 

You don't know if there are any charges added to the account - do we know what this "Capitalisation" is ?

 

When you asked for a reduced payment plan, did they continue to add interest ? If so, then I imagine that is why you still have such a huge balance outstanding.

[Superashley]

Thank you so much!

[citizenB]

There is an S.O.S out for someone to help you draft a defence as well.

[Superashley]

Hi thanks for your reply.

 

The capitalisation is what they call the interest according to them.

 

The reduced payment isn't shown on here at all, it just shows all payments being of 74.60 or whatever it says. So I don't know if this means it wasn't noted in their system or they haven't sent a full statement. I don't know how that works. But another thing is the re finance. That's also not mentioned in any of the docs they sent.

 

I dont even know if I have grounds for a defence.

[Superashley]

Ok, so I have to have it submitted by 4pm tomorrow. I am going to look through the forum at some examples of defences and try and draft something now. If I haven't had any other replies by 1pm tomorrow I will send it and hope for the best.

 

Thank you all for your help with everything so far.

[Superashley]

Please if anyone sees this and can offer any advice before lunchtime tomorrow, I would be eternally grateful, i have been up all night researching this forum and looking at other peoples defenses to try and write mine. I was thinking that i would say that i am willing to pay the original loan amount but not all the fees and charges or ridiculous interest as the interest seems to have been added to an amount £2647.45, not the £1000 that was the original loan. This original amount is not stated ANYWHERE, nor the fact that i was paying £140 a month when the agreement says £74.60.

 

I would also want to state that despite all the charges for letter fees and although they have produced copies of letters they say were sent to me, I have never received anything from them apart from a statement a year or so ago which is when i noticed how much i owed. I write a letter to ask for details. I didnt do an sar as at that point i didnt realise that wahat you had to do. Then the next thing i heard was the court papers.

 

I know im starting to sound desperate but i am desperate.

 

I have until 4pm tomorrow.

[AndyOrch]

Hi Super

 

If you could just bear with me why I run through your thread and then we can consider the best course of action.

 

Regards

 

 

Andy

[AndyOrch]

]The particulars of claim

 

 

 

1.The Claimants claim is for the sum of £1969.66 being monies due from the defendant to the Claimant under a regulated credit agreement made in writing under the reference xxxxxx.

 

2.The Defendant failed to make payment in accordance with the terms of agreement and a default notice has been served upon the Defendant pursuant to the section 87(1) of the Consumer Credit act 1974.

 

3.The Claimant claims the sum of £1969.66

 

 

 

 

 

Defence

 

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant.

2. Paragraph 2 is not admitted with regards to the Defendant failing to make payments, a payment plan was arranged and agreed and adhered to.It is denied that the claimant served a Default Notice pursuant to the section 87(1) of the Consumer Credit act 1974.

3. Paragraph 3 is denied with regards to the Defendant owing the amount claimed it averred that the amount contains collection charges and unfair charges and the Claimant is put to strict proof to:

 

(a) Provide the defendant with a legible copy of the agreement entered into signed at the time of inception;

(b) show how the Defendant has reached the amount claimed for; and

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5 By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Ok check for accuracy and edit to suit if required ...copy and paste into MCOL and print receipt of submission.

 

Regards

 

Andy

[Superashley]

I will sit down and read this properly in 15 mins. But thank you so much, you have saved my life!

[Superashley]

Ok defense submitted.

 

I really cant thank you enough. Its a huge weight off my mind.

 

Lets wait and see what happens next.

 

Thanks again to everyone that has helped me. x

[Jimmy Jangle]

Good luck mate, hope all goes well.