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Lowells - Welcome Finance - Court Letter

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  • Lowells - Welcome Finance - Court Letter

    Hi all,

    I have found a number of posts relating to my question via google but I have so far been unable to get a real understanding of what I should do about my own issue!

    I have been recieving letters from Lowells for a while now, stating that I owe around £3500 for a Welcome Finance loan. This loan was subject to a repayment agreement back in 2005/2006 (I don't even remember when!) when i got into difficulty making the repayments.

    Years have now passed and my credit report has no mentions of this loan - my credit report shows my credit card, next account and 1 catalogue - all of which are up to date.

    However, I have now received a letter from Northampton Court with Lowells as the claimant.

    My questions are - Am i required to do anything about this? What are they asking i repay? As far as i am concerned, i have no outstanding debt and my credit file shows this. What are they trying to claim? Do Welcome Finance even still exist? Am i legally required to respond?

    I was intending to buy a house at the end of the year - is this going to impact that? I'm so confused?! HELP!

    Thanks
    Tags: None

  • #2
    Re: Lowells - Welcome Finance - Court Letter

    What do the particulars of claim state on the form?

    Comment


    • #3
      Re: Lowells - Welcome Finance - Court Letter

      Originally posted by gardner View Post
      I have found a number of posts relating to my question via google but I have so far been unable to get a real understanding of what I should do about my own issue!

      I have been recieving letters from Lowells for a while now, stating that I owe around £3500 for a Welcome Finance loan. This loan was subject to a repayment agreement back in 2005/2006 (I don't even remember when!) when i got into difficulty making the repayments.
      Hi and welcome aboard

      Did you make any payments after that? If there's been no payments or written acknowledgment from you in at least six years, it would be statute barred. :thumb:
      Originally posted by gardner View Post
      Years have now passed and my credit report has no mentions of this loan - my credit report shows my credit card, next account and 1 catalogue - all of which are up to date.
      Defaults do drop off six years after being recorded so if you defaulted in 2005/06 it should be long gone, however, that doesn't necessarily means it's SBd, see above.
      Originally posted by gardner View Post
      IHowever, I have now received a letter from Northampton Court with Lowells as the claimant.
      That wouldn't be a letter it would be a claim form. Could you either type up the particulars of the claim or scan and post up the claim form (suitably redacted to remove personal details). :typing:
      Originally posted by gardner View Post
      IMy questions are - Am i required to do anything about this?
      YES!!!

      You need to acknowledge service and tick the box saying you intend to defend the whole claim, and you have 14 days to do this, if not they can request default judgment. :scared:

      Originally posted by gardner View Post
      IWhat are they asking i repay? As far as i am concerned, i have no outstanding debt and my credit file shows this. What are they trying to claim? Do Welcome Finance even still exist? Am i legally required to respond?
      As above, the debt could well be statute barred but you still need to acknowledge and defend the claim to avoid default judgment. :thumb:
      Originally posted by gardner View Post
      II was intending to buy a house at the end of the year - is this going to impact that? I'm so confused?! HELP!

      Thanks
      Not unless they obtained judgment, but we're not going to let them do that, are we? :nono:

      Comment


      • #4
        Re: Lowells - Welcome Finance - Court Letter

        Below are the first steps to take upon receipt of a claim:

        So, first steps (within 14 days of receiving the claim)

        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 )
        Full instruction to acknowledge online are here: http://www.legalbeagles.info/forums/...313#post499313

        Comment


        • #5
          Re: Lowells - Welcome Finance - Court Letter

          Particulars of Claim:

          The claimants claim is for the sum of 3245.44, being the monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Welcome Finance
          Under Account Reference xxxxxxx
          as assigned to the claiment on xx/xx/12
          notice of which has been given to the defendant
          The defendant has failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with and the claimant claims 3245.44
          The claimant also claims statutory interest pursuant to s.69 of the count act 1984 at a rate of 8% per annum
          from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 259.62


          In English please

          Comment


          • #6
            Re: Lowells - Welcome Finance - Court Letter

            Interestingly there is no mention there of when the agreement started, nor when it was defaulted. The latter is important, because the default marks the end of the original contract and the Limitation period should start then.

            When you send the CPR request you can ask for the documents mentioned, which are:
            1) The original credit agreement.
            2) The Notice of Assignment.
            3) The Default Notice.

            Lowell never have any of these (despite being required to have the documentation before suing) so they will try to fob you off that they don't need to supply them, even though the Court rules clearly demand this.

            It will be interesting to see when the Default Notice was sent because its likely to be way more than 6 years ago.

            Comment


            • #7
              Re: Lowells - Welcome Finance - Court Letter

              Thanks so much for your help.

              My afternoon of googling has provided me with some interesting insights into this company - they are just chancers trying to make money from people who perhaps wouldn't question an 'outstanding' debt!

              I have no idea when the agreement started, I can only guess that it was around 2005 and i was a very naive 19 year old!

              So do i now have to respond to the claim online and contact Lowell directly for the documents listed above, or do i contact them before responding?

              In the particulars of claim, it states something was assigned to them in 2012 - what does this mean? is this when they bought the supposed debt?

              Comment


              • #8
                Re: Lowells - Welcome Finance - Court Letter

                The instructions on the things to do are in post #4 and they all need doing straight away.

                Assignment is the legal act of transferring an asset to another party. In this case Lowell purchased the account from Welcome, so they became the legal owner and inherited both the rights and the duties from the original creditor (OC). They also become the Data Controller, responsible for the data supplied to the credit reference agencies.

                Comment


                • #9
                  Re: Lowells - Welcome Finance - Court Letter

                  Originally posted by gardner View Post
                  So do i now have to respond to the claim online and contact Lowell directly for the documents listed above, or do i contact them before responding?
                  You need to acknowledge the claim online, this should be your first step to make sure they can't request judgment. :typing:

                  You then need to send the CCA request to Lowell and the CPR request to the solicitors representing them as stated under 'address for correspondence' on your claim form. Who are they using? Bryan Carter or BW Legal?

                  Originally posted by gardner View Post
                  In the particulars of claim, it states something was assigned to them in 2012 - what does this mean? is this when they bought the supposed debt?
                  Yes, that's what it means.

                  Comment


                  • #10
                    Re: Lowells - Welcome Finance - Court Letter

                    Originally posted by FlamingParrot View Post
                    You need to acknowledge the claim online, this should be your first step to make sure they can't request judgment. :typing:

                    You then need to send the CCA request to Lowell and the CPR request to the solicitors representing them as stated under 'address for correspondence' on your claim form. Who are they using? Bryan Carter or BW Legal?


                    Yes, that's what it means.
                    They are using Bryan Carter - is that better or worse than BW Legal.

                    Comment


                    • #11
                      Re: Lowells - Welcome Finance - Court Letter

                      Thanks both for your help. I make the acknowledgement online tomorrow and contact them both directly for the additional info. I will keep you posted!

                      Comment


                      • #12
                        Re: Lowells - Welcome Finance - Court Letter

                        As this was a Welcome Loan there are many possible problems with their paperwork, rewritten agreements some done without the borrowers knowledge!

                        I have found it useful to get ahead of the game my sending CCA request direct to Welcome twice recently I've seen different versions of Welcome agreements provided with CCA request one obtained direct from Welcome the other via the request to a claimant. Worth the extra quid I think.

                        nem

                        Comment


                        • #13
                          Re: Lowells - Welcome Finance - Court Letter

                          Originally posted by gardner View Post
                          They are using Bryan Carter - is that better or worse than BW Legal.
                          Uhmmmm... not much difference. :mmph:

                          In a scale of 0 to 10, I'd give BWL a 2 and Mr C a 1. :ohwell:

                          Comment


                          • #14
                            Re: Lowells - Welcome Finance - Court Letter

                            Hi again,
                            I am just filling in the forms on MCOLand i'm stuck on the intention part of the form...
                            Should i tick 'I intend to defend all of this claim' or 'I intend to defend part of this claim'
                            And do I intent to contest jurisdiction? - what does this mean??
                            Thanks

                            Comment


                            • #15
                              Re: Lowells - Welcome Finance - Court Letter

                              Hi if you live in England/wales you don't contest jurisdiction.
                              State notice to defend in full.
                              Don't forget you must send a copy to the claimants solicitors and to the court and keep a copy for your files.


                              nem

                              - - - Updated - - -

                              Hi if you live in England/wales you don't contest jurisdiction.
                              State notice to defend in full.
                              Don't forget you must send a copy to the claimants solicitors and to the court and keep a copy for your files.


                              nem

                              - - - Updated - - -

                              Hi if you live in England/wales you don't contest jurisdiction.
                              State notice to defend in full.
                              Don't forget you must send a copy to the claimants solicitors and to the court and keep a copy for your files.


                              nem

                              Comment

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