welcome/ind claimform - now at WS stage

[beady]

Hi all

 

I have received a date for a county court hearing regarding an outstanding balance on an old Welcome HP agreement.

 

I bought a car on hp 10yrs ago

but about a week later, the car fell to pieces and was returned to the dealer.

 

 

They eventually provided me with a different vehicle but did not give me a new hp agreement to sign.

 

 

So, the only agreement in place details the vehicle that was returned.

There is no signed agreement on the new vehicle.

 

I kept up payment for a few years but eventually came into difficulties and payments ceased.

 

Fast forward a few years to 2013,

application for CCJ received, which we defended and a stay was granted.

Heard no more until now, received witness statement which says a hearing is listed.

 

My main qustion is,

can they enforce this as the vehicle on the agreement was taken back,

they have confirmed this in their witness statement,

 

 

The HP agreement says to terminate the agreement I should return the goods

and the creditor is then entitled to half the total amount payable under this agreement.

 

They confirmed the vehicle was returned and by the time payments ceased, I had paid more than half.

 

Yes, another vehicle was provided but this vehicle is not on the HP agreement which they say I am bound by.

 

Any advise would be greatly appreciated.

 

many thanks

[obiter dictum]

Welcome to the Forum

 

Just a few questions to begin with please.

 

1. Who is making the claim against you in the claim, a debt collection agency??

 

2. What was your original defence to the court action prior to it being stayed?

 

3. When did you last make a payment to welcome or any debt collection agency, and/ or have written communication prior to court action??

Edited October 18, 2015 by obiter dictum

[beady]

Hello obiter dictum

 

Thank you for yor speedy response.

 

The list of payments provided in the witness statement shows opening balance date Nov 2005 and last recoded payment Sept 2007.

 

The payments were taken from a partners bank account that I no longer have access to so will have to take their word for that.

 

I have had no written communication before court action that I am aware of.

 

My original defence was that the vehicle on the agreement was returned an no new agreement was signed for new vehicle, and second, last payment was over 6 yrs ago so statute barred, although their list of payments now provided show that not to be the case.

 

Does this help?

[obiter dictum]

Then yes

 

I was looking that you put in the statute barred bit.

 

1.why have the claimants had the stay removed,

 

2. why are they saying it is not statute barred?

 

How are these phantom payments listed (amounts) over what period?

 

Important

 

Is this a hearing to decide to lift the stay or something else??

 

What does the court directions you received actually say?

 

Who is the claimant?

Edited October 18, 2015 by obiter dictum

[beady]

Apologies for delay, I am just digging out any paperwork received now

[obiter dictum]

For the moment it is the latest court directions you have just received i need to know exactly what it states as to the hearing

[dx100uk]

can you fill this out please

 

 

we need the background

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

unless you vt'd which I doubt

 

 

the claimant will be assuming welcome repo'd the car under vs rules

which means you owe the bal of the finance minus the auction value of the car.

 

 

dx

[beady]

Ok, in September I received Notice of Allocation to the Smalll Claims Track (Hearing).

 

Yesterday I received a copy of the claimant's witness statement for the hearing

along with evidence to be filed & served by tomorrow.

 

 

Evidence being copies of HP agreement showing original vehicle, HP Statement which shows a list of payments & charges.

 

The claimant is Welcome.

 

I don't know how or when the stay was lifted, maybe as they produced the HP agreement along with last payment date.

 

They are saying it is not statue barred as the first application for a CCJ was dated May 2013

and they say the last payment received was Sept 2007 so it was 4 months short of the 6yr period.

 

Have I left anything out?

[obiter dictum]

Are you sure welcome are the claimant?

 

Welcome have gone bust and most of the accounts were sold to debt collection agencies

 

Please list the claimants address for correspondents on the claim form

 

It is Batley in Yorkshire??

[beady]

Hello dx,

 

Apologies, what details do you need?

[obiter dictum]

At the bottom of the claim form will be a section where to correspond to, solicitors address etc

 

What address for welcome is stated

[beady]

Hi obiter

 

On all the papers from the court, the claimant is shown as Welcome, with a Batley address.

 

The witness statement has come from IND

[obiter dictum]

Ok then that is welcomes parent company Cattles.

 

So we have confirmed it is welcome

 

IND is a debt collection agency who administer these accounts on behalf of cattles

 

Can you confirm and are absolutely sure when the last payment was made by you to welcome

[SabreSheep]

Ignore the Statute barred track at this time

 

"They are saying it is not statue barred as the first application for a CCJ was dated May 2013"

 

 

[beady]

Unfortunately not, they were not made from my bank account, so will have to go with what they have said as I cannot prove otherwise.

 

Do they have to prove anything?

[obiter dictum]

I think the best thing we can do is for you to upload the actual agreement and statement of account onto your thread

 

If this welcome agreement is over 10 years old then i have no doubt it will be full of holes

 

Make sure any personal details are removed such as account numbers etc

 

I am sure one of the forum moderators will give you instructions

[SabreSheep]

For clarity, the reason I am saying ignore the Statute Barred angel is that the claim was launched and then stayed BEFORE it went Statute barred. The service of the N1 form HALTS the clock until the claim is disposed. A Stay does not dispose the claim, merely pauses it.

[beady]

Ok, thank you very much for all your assistance.

 

I won't have access to a scanner until tomorrow so will have to do this then.

 

could i ask one more thing please? The deadline for witness statements & evidence is 4pm tomorrow.

 

I haven't done anything, I thought this was for the claimant to do. Is this correct or have I totally misunderstood and made a huge booboo

[SabreSheep]

please follow Dx's instructions above

[beady]

Thank you Sabresheep & apologies to dx, I got confused, I will do that.

[obiter dictum]

The court can make allowances for a non qualified litigant in person

 

We need that info like yesterday

[dx100uk]

you both have to exchange witness statements

 

 

get moving!!

[obiter dictum]

If you have a decent camera or one on your phone use that to take a picture and upload onto your tread

 

A scanner is a bit late now

[dx100uk]

can you fill this out please

 

we need the background

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

unless you vt'd which I doubt

 

the claimant will be assuming welcome repo'd the car under vs rules

which means you owe the bal of the finance minus the auction value of the car.

 

dx

 

 

can you answer the above please

 

 

did you simply let welcome repo the vehicle or did you specifically voluntary terminate the agreement

 

 

it looks like voluntary surrender to me .

 

 

dx

[beady]

Right, sorry am back now, i surrendered the vehicle voluntarily as it was not road worthy.