Lowell re: Welcome Finance

[Mrs Mm]

Hi ya,

I'm a new member and in need of some advice.

I received court papers from Lowell Portfolio / Bryan Carter Solicitors dated 21.01.15 which refers to an old Welcome Finance debt for a loan taken out in May 2007.

WF did not take me to court for this debt but I received a default on my credit file which came off last year 2014. The last payment from my records was made on 21.09.09. If this is statue barred at what point would the 6 years START. Is it from the date of the default or the date from the last payment or activity on the account?

I have the credit agreement which shows that I purchased lifecare 24 cover and Personal Accident cover which was added to the loan then interest was added.I believe I was missold this insurance as I recall having to take out insurance to get the loan.

Can I use being missold insurance as a defence? I would like to defend on the basis that the total amount being claimed is incorrect due to missold insurance and as the debt has been through several companies who have all added interest on to the debt making it increase.

I have yet to make a claim for missold insurance through WF.

Can someone please advise me on what to do. I am really stressing over this.

Thank you

[nemesis45]

Re: Lowell re: Welcome Finance

Hi Welcome to LB,
The 6 year clock started ticking on the date a contractual payment was due and not made, after which no further payments were made and no unequivocal written admission of liability was made.

How ever the Limitations Act 1980 say no action should be started ( on matters of simple contract) once 6 years has elapsed since the cause of action.
It is clear that it is above that threshold as the defaulted entry has been removed from CRA files in 2014
Have you acknowledge the claim?

I suggest a letter to Carter pointing out the Limitation Act 1980 prohibits starting action after 6 years has elapsed from the date of the cause of action.
I would add that I suggest Carter revert to its client and requests them to withdraw the claim forthwith.

[Mrs Mm]

Re: Lowell re: Welcome Finance

Hi Welcome to LB,
The 6 year clock started ticking on the date a contractual payment was due and not made, after which no further payments were made and no unequivocal written admission of liability was made.

How ever the Limitations Act 1980 say no action should be started ( on matters of simple contract) once 6 years has elapsed since the cause of action.
It is clear that it is above that threshold as the defaulted entry has been removed from CRA files in 2014
Have you acknowledge the claim?

I suggest a letter to Carter pointing out the Limitation Act 1980 prohibits starting action after 6 years has elapsed from the date of the cause of action.
I would add that I suggest Carter revert to its client and requests them to withdraw the claim forthwith.

No I have not acknowledged the claim.

Should I find out the date the default was placed on my credit file?

What do I do about the court papers? Should I return the acknowledge from or should I complete the defensive form?

What should I do about the missold insurance?

Will they continue to chase me for the debt?

Thanks

[Amethyst]

Re: Lowell re: Welcome Finance

Acknowledge the claim first of all - this gives you more time ( 33 days from the date the claim was issued)

Just tick intend to defend in full. It isn't binding. There should be details on the right hand side of the form to log in to moneyclaim.gov.uk to acknowledge it.

That will give us a bit of time to suss out where you stand with the debt and get relevant letters off.

If your records show last payment was 21.09.09. then it won't be Statute Barred Limitations Act 1980 I'm afraid.

We should ask for evidence that you owe the debt, how it is made up and the original agreement so we know where we stand. I'll grab some links for you xx

http://www.legalbeagles.info/forums/...it-Court-Claim ( might help with moneyclaim online too)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


Getting those sent off will put you in the best position for either defending or negotiating settlement on this claim.

Is there a lot in the way of charges on this debt ?


I have the credit agreement which shows that I purchased lifecare 24 cover and Personal Accident cover which was added to the loan then interest was added.I believe I was missold this insurance as I recall having to take out insurance to get the loan.

Did you get the agreement through a CCA request or have you had it since you opened the account ?
You can make a complaint about the insurance, yes, which could go to reduce the debt if successful in the misselling claim.
However it is trickier through the courts than making a complaint direct and through the Financial Ombudsman ( which is successful you could then use to reduce the amount owed).

[Mrs Mm]

Re: Lowell re: Welcome Finance

Acknowledge the claim first of all - this gives you more time ( 33 days from the date the claim was issued)

Just tick intend to defend in full. It isn't binding. There should be details on the right hand side of the form to log in to moneyclaim.gov.uk to acknowledge it.

That will give us a bit of time to suss out where you stand with the debt and get relevant letters off.

If your records show last payment was 21.09.09. then it won't be Statute Barred Limitations Act 1980 I'm afraid.

We should ask for evidence that you owe the debt, how it is made up and the original agreement so we know where we stand. I'll grab some links for you xx

http://www.legalbeagles.info/forums/...it-Court-Claim ( might help with moneyclaim online too)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


Getting those sent off will put you in the best position for either defending or negotiating settlement on this claim.

Is there a lot in the way of charges on this debt ?


I have the credit agreement which shows that I purchased lifecare 24 cover and Personal Accident cover which was added to the loan then interest was added.I believe I was missold this insurance as I recall having to take out insurance to get the loan.

Did you get the agreement through a CCA request or have you had it since you opened the account ?
You can make a complaint about the insurance, yes, which could go to reduce the debt if successful in the misselling claim.
However it is trickier through the courts than making a complaint direct and through the Financial Ombudsman ( which is successful you could then use to reduce the amount owed).

Ok, I'll acknowledge the claim on line then send CCA to Lowell and CPR to Bryan Carter Solicitors.

From the original statement I have the last payment was made on 21.09.09 and the balance was 6297.88. I know the debt has changed many hands as over the years I have had various letters but I ignored them. Total amount to date with courts costs etc is 8886.60.

I have copies from when I took the loan out. Not sure whether I ever had the originals as I would have kept them.

So in terms of the insurance who should I contact welcome finance or the financial ombudsmen and what do I say?

Thanks

[nemesis45]

Re: Lowell re: Welcome Finance

1 Yes
2 Acknowledge Service (can be done on line see guidance on the forms)
3 State Defending all of claim
4.Make a claim for the insurance
5 Yes they will pursue.

I'm out most of today but the is excellent help available here if you need guidance on the forms.

nem

[Mrs Mm]

Re: Lowell re: Welcome Finance

Ok so I've received a letter from Bryan Carter Solicitors stating the follow;


We write further to your letter requesting disclosure under part 31 of the civil procedure rules.

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the CPR will therefore not apply. In any event the noticed of default and assignment left the control of the claimant when they were dispatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own records.

We confirm our client is not agreeable to an extension to file a defence.

As you will be aware a claim was issued in this matter on or around the 7th feb 2015 and we in receipt of your acknowledgement of Service and note your intention to file a defence.


I need to file defence by 23rd Feb so hoping to do tomorrow but need help in drafting what to say. Please advise.

Also, I haven't received anything from Lowell or Welcome Finance as yet.

Thank You

[nemesis45]

Re: Lowell re: Welcome Finance

Standard reply.
However the claim is not allocated to any track so CPR 31.14 is still valid.
What ever Carter says you are entitled to a copy of the agreement that Lowell
intends to rely on.
Did you send a send a CCA request to Lowell? Have they responded?

Read around the forums and take a look at some similar cases with defences to give you an idea what is needed , make a draft then post here.

nem

[Mrs Mm]

Re: Lowell re: Welcome Finance

Standard reply.
However the claim is not allocated to any track so CPR 31.14 is still valid.
What ever Carter says you are entitled to a copy of the agreement that Lowell
intends to rely on.
Did you send a send a CCA request to Lowell? Have they responded?

Read around the forums and take a look at some similar cases with defences to give you an idea what is needed , make a draft then post here.

nem

Sent cca request to Lowell however they have not responded.

Given that I do not have much time do I defend on the basis that the claim amount is being disputed due to the misselling of PPI or on the basis that I have not been provided with documents by Lowell confirming details of the debt.

[Mrs Mm]

Re: Lowell re: Welcome Finance

Should I send this letter to Bryan Carter

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

[Mrs Mm]

Re: Lowell re: Welcome Finance

I've had a quick look at some defence responses however I don't really understand some of them, bit too technical for me I think.

[Mrs Mm]

Re: Lowell re: Welcome Finance

EXAMPLE DEFENCE


-----------------------------------------------------------------------------------------------

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford]County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from [Original Creditor]to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant]pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or[The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....


Should I use this template as a defence on the basis that no documents have been provided to me.

[Mrs Mm]

Re: Lowell re: Welcome Finance

I need help please! The deadline to file my defence is 23rd Feb so not much time.

What should I do

[Mrs Mm]

Re: Lowell re: Welcome Finance

Anyone

This is my defence


IN THE NORTHAMPTON COUNTY COURT


Case Number. Xxxxx


Between


Lowell Portfolio Claimant


And


Xxxxx Defendant


__________________________________________________ __________________________________


DEFENCE
__________________________________________________ __________________________________




1: I received the claim xxxxx from the Northampton County Court on 25th January 2015


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.


4: It is admitted that the Defendant has previously entered into an agreement with Welcome Finance for provision of credit.


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5. The particulars of claim fail to state when the agreement was entered into.


6. The Claimants statement of case states that the account was assigned from Welcome Finance to on 5th September 2012. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Welcome Finance served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


8: On the 13th February 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitor. I requested the Claimant provide copies of the Agreement and Default Notice.


9. Bryan Carter Solicitors has not sent any of these documents to me.


10. On the 13th February 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.


12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed ………………………………………


Dated ............23.02.2015............................ .......... ....

[missemm]

Re: Lowell re: Welcome Finance

Hi had problems logging into account so had to create a new one.

Just wanted to give you an update.

I received claimants witness statement on 23rd July 2015 which included a copy of the credit agreement and an account statement from Welcome Finance. Interestingly the agreement has a different signature to my normal signature so was not sure whether this was the original document.

I prepared my defence and attended court. After all the stress caused the claimants Lowell/Bryan Carter did not even bother to attend the court hearing.

So it was little old me and the Judge sat in this huge court room and I was petrified. The Judge ruled that as the claimants had not bothered to attend the case was DISMISSED.

Just wanted to thank you for your support and much needed advice. Keep up the good work.

Mrs Mm