Claim Form Received from Welcome/Haggarty/IND

[citizenB]

agghh.. where has the part 18 gone.. I will restore it for you. If you haven't already sent the other CPR letter they can both go in the same envelope.

 

 

[ATTACH=CONFIG]45212[/ATTACH]

[citizenB]

Thank you. I will get these out as soon as possible by special delivery. Should they be sent sepearatley or does that not matter? Should I raise the questions about PPI in the second letter or should I leave that for now?

 

sorry for all the questions. I know you guys do this out of the kindness of your own hearts so I definately dont want to take your help for granted.

 

Hopefully you when you receive statements and a copy of the agreement, you will have evidence of the Payment Protection Insurance, until you know what you have paid then you are not going to be able to make a claim for the mis selling.

[bmanc]

Thanks. They have been popped in an envelope to be sent first thing tomorrow morning.

 

 

Please do keep me updated with any answers that you get for the questions that you have raised elsewhere.

[citizenB]

Will do.

[bmanc]

So I got all the forms through today. before they have even received the CPR letters.

 

So it looks like I got the loan out in Jan 2007 and it was for £750 (I originally applied for £500). It appears that the loan was an extension where I was sold another loan of 750 AND settled an earlier loan for £857. All together the loan totaled £1607 with £1105 of PPI

 

The last payment was made in September 2008 when the balance was £2680. Since this date they have added various fees such as LETTER FEEs and CAPITALISATION (Whatever that means) arriving at a present total of £3681.

 

I will scan every page tomorrow and upload. I would rather PM them to someone though as they have quite a bit of sensitive info on them. Its pretty scary that I borrowed such a small amount and now owe over £5K

 

These photocopies are so hard to read. I can barely make out a lot of the small print. I dont know if this is done on purpose to throw me off or not.

[citizenB]

I will ask someone to have a look for you bmanc.

 

So you did have Payment Protection Insurance on this.

[bmanc]

I certainly did. From what I can make out on the forms it was £1105 worth of PPI.

 

Thanks for the swift reply

[citizenB]

I certainly did. From what I can make out on the forms it was £1105 worth of PPI.

 

Thanks for the swift reply

 

 

And the loan was only £750? Surely you wouldn't have asked for that ?

[bmanc]

It appears that I had a loan out before this one and the balance on that loan at the time of my extension request was £857. Instead of an extension, It would appear that they had me take out a loan big enough to settle the £857 and give me £750.

 

So this was a second loan that totaled £1607 but I only saw £750 of it.

 

The more I read through the papers, more and more comes back to me.

 

I remember being in the offices and it was all just so rushed and there was lots of pressure for me sign all these forms and to take £750 instead of the original £500 that I applied for.

[bmanc]

Ive scanned in every document they have sent me in regards to the account. Statements and agreements. I am unable to edit them as I am at work. Is there anyone I could PM this to for review as I would rather not post them on here due to it showing personal details? The scans are the same quality as the letters sent as it seems that they have sent me photocopies that are quite unclear.

[citizenB]

Private message sent to you bmanc.

[dx100uk]

did you sign this second loan or only the first one?

 

you NEED the first debt info

to be able to calc the full reclaim figure

 

might ne through in time

 

you need to sar welcome finance by RD tomorrow

 

dx

[bmanc]

did you sign this second loan or only the first one?

 

you NEED the first debt info

to be able to calc the full reclaim figure

 

might ne through in time

 

you need to sar welcome finance by RD tomorrow

 

dx

 

CitizenB is being very kind and editing the agreements for me to upload as soon as he can but they have only supplied me with the second agreement.

 

I have found an SAR template that I will get off to them today. Am I right to understand that this is sent directly to Welcome and not IND or the Solicitor?

 

My worry is that my defence is due on 4th, I believe and they wont respond to the SAR in time as they have 40 days to get the info over to me.

[citizenB]

Ok, here you go. You had duplicate documents and also a wage slip that I did not think was necessary, so I have deleted them from your pdfs. If I have mistakenly taken out something that WAS required then let me know.

 

 

[ATTACH=CONFIG]45260[/ATTACH]

 

 

 

[ATTACH=CONFIG]45259[/ATTACH]

[citizenB]

Yes, SAR request needs to go to Welcome, direct.

 

And you are correct, if your defence is due on 4th July, it is unlikely you will have the data sent to you - they have 40 calendar days in which to comply, rest assured they will wait until the last second before complying.

[bmanc]

Thanks again.

[bmanc]

Hi,

 

Does anyone have any advice on my defence? its due in 10 days and im getting a bit worried. I have sent off everything advised and I have acknowledged the claim and stated my intent to defend. This is where I am stuck.

[bmanc]

I dont know if anyone will see this but I have just over a week to complete my defense. I have not received a reply to my SAR or my CPR letters and I am completely out of my depth here. There is an obscene amouth of PPI, interest and charges that i am just not willing to pay and I have had no information on the original loan. CitizenB has been most helpful and uploaded everything they have sent me but this is where i am stuck.

 

I am getting a little bit panicky here. Any advice further to the advice given would be very much appreciated.

[batty69]

yes, if IND are the solicitors then you need to send all correspondence to them now.

 

Something that seems a little strange is that on the Claim form, they are only claiming statutory interest from 2010 ? I don't claim to understand why that is and will ask for you.

 

.

 

Simples, if they claim in excess of 6 years interest because no payments have been made in that time, then it is an admission on their part the debt is statue barred. from what I gather IND have been caught out with this a few times and have now stopped trying to bump up their claims with stat interest.

 

from the sounds of it, this debt is probably statue barred. wouldn't surprise me that there is a phantom payment in 2010 that has been added to make this claim live again.

[bmanc]

Thanks for looking in on my thread batty69. From the breakdown they sent me, it looks like I made a payment in 2008. so it wouldnt be SB until next year. I am always happy to pay what I owe but their interest and charges are ridiculous. As is the forced PPI.

[batty69]

Thanks for looking in on my thread batty69. From the breakdown they sent me, it looks like I made a payment in 2008. so it wouldnt be SB until next year. I am always happy to pay what I owe but their interest and charges are ridiculous. As is the forced PPI.

 

I've just had a quick look through your statement, couple of things don't look quite right. One thing that immediately stuck out is that their T+C's state the charge for a phonecall is £10 yet they have charged you £25 per call on the statement. Even the £10 fee is probably challengeable.

 

Re. defence don't panic too much at the moment, you still have plenty of time. One mistake a lot of people make when doing this for the first time is that they think they have to fight their case in detail in the defence. This is not the case. What the court is looking for is your grounds for a defence. They just want a short bulleted paragragh of why you are defending.

 

e.g. using the above telephone charges,

 

1) the claimant claims £xxx telephone charges at £25 per phonecall, however the claimants own paperwork states that the charge is £10 per phonecall and the total charges for these phonecalls should have been £xxx. Therefore the claimant is attempting to claim £xxx to which they are not entitled.

 

the other thing to remember is that this is small claims, so the court are not expecting everything in nice fancy legalese speak.

[bmanc]

Thanks. The advice on this forum does wonders for my nerves. I will await more help and try to be patient. There is so much that is wrong with what they are claiming, I just dont know where to start.

 

No default notice, No agreement form for the original loan (only the second loan), PPI, Staggering interest, Obscene charges...

 

The list goes on and on.

[batty69]

Thanks. The advice on this forum does wonders for my nerves. I will await more help and try to be patient. There is so much that is wrong with what they are claiming, I just dont know where to start.

 

No default notice, No agreement form for the original loan (only the second loan), PPI, Staggering interest, Obscene charges...

 

The list goes on and on.

 

Stick that list up, and we can start work on forumulating it into a defence

[bmanc]

Thanks. I will get a full list up when I get home this evening. I wont expect a reply over the weekend as we all have lives to live.

[citizenB]

bmanc, I will leave an S.O.S for andyorch, but I think he might not be able to help until Monday.

 

Don't worry, you wont be left in the lurch !.