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Help Needed! Welcome Finance!

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  • Help Needed! Welcome Finance!

    Hi firstly I will say I am new here as I need some help from people with a greater knowledge than I have.

    I will start by saying I received a letter from Northampton yesterday which was dated 30th Jan 2013 and gives me 14 days to respond! Not long as its the 10th today! Can anything be done about the time I have to respond as I don't have much time left?

    This is Welcome Finance trying to take me to court (CCJ) for a loan I had with them way back in 2006 which I thought had become statute bared. I wont bore you with the why I havent paid it etc as that is in the past and have to deal with this now and by the looks of other users the next few months.

    I took out a loan with Welcome in early 2006 for £4000 and had to take the usual ppi etc before they would give me the loan (By some miracle I actually found the original agreement earlier today) Anyway The last time I had any contact or made any payment to Welcome would have been late 2006 or at the latest Very early 2007. And I will also point out I have not claimed against them for my ppi back so that is still included in the ammounts below.

    I have not heard anything from them due to relocation untill this Claim form turned up at my parents address, which I found strange as I have'nt lived there in over 10 years! and my current address is on my credit file and electoral roll.

    Thats a bit of the background I will give you the Particulars of the claim

    It says

    "The claimant claims for sums due under a/various Credit agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the claimant and the defendent.
    The agreement(s) was/were terminated upon the defendent failure to comply with the terms of the agreement(s).
    The claimant complied with section III and IV and Annex B of the PD pre-action conduct.
    And the claimant claims: Personal Account number xxxxxxx ballance of 7,408.94 as of the 11/12/06 Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 11/12/06 to 30/01/13 of 3,640.73 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.62 AND costs"

    Thats what the perticulars are and the company dealing with this is Hegarty LLP

    I guess thats all the info you will need can anyone help me with this? Can I defend this? Should I defend this What should I do First thing tomorrow? given the time frame! The questions in my head could go on and on!

    Thank you for listening and many thanks in advance.
    Tags: None

  • #2
    Re: Help Needed! Welcome Finance!

    Can you confirm this loan is not secured? It doesn't sound like it. It would be best to double check EXACTLY when you last made contact with them. Statute barred for unsecured debt is 6 years in England/Wales and 5 in Scotland.

    Please look into what I have advised above and I am sure someone will be along soon to help you to deal with the letter.

    Comment


    • #3
      Re: Help Needed! Welcome Finance!

      Are you saying that you have received a court claim but you never had a letter before action giving warning of litigation if you didn't act? If so that's a breach of process.

      If its been 6 years since you paid anything or formally acknowledged the debt in writing, then the account is statute barred, but it needs to have been the full 6 years for this to be an absolute defence. As its Welcome themselves taking action rather than a DCA, I guess its more likely that they are acting to get this filed before the 6 years expires, so it wouldn't surprise me if they have caught you just before that. If its not SB then you will have to challenge them on process and faulty paperwork, perhaps with a counterclaim for mis-sold PPI.

      What does the form say about responding? I think you have 14 days to say whether you will be defending and the response to that is that you will be defending the entire claim. That should give you a further 14 days to file a defence. Please confirm.
      Last edited by Kafka; 10th February 2013, 21:06:PM.

      Comment


      • #4
        Re: Help Needed! Welcome Finance!

        Hi Thanks for your swift responce

        The loan is not secured

        I have had nothing from them stating that they were taking me to court the Claim form was a bolt from the blue in that respect.

        The forms that were sent was the claim pack i have 14 days to respond after the day of service which was 30/01/2013 (it says day of service is 5 days after the date on the claim form)

        Comment


        • #5
          Re: Help Needed! Welcome Finance!

          Hi guys thank you for the advice so far but I am really stuck with where to start with this one!

          Can anyone point me in the right direction of where to start! Do I fill in the responce pack defending it straight away or do I do that later? I know I need to respond but not sure what to fill in and send back.

          Many thanks

          Comment


          • #6
            Re: Help Needed! Welcome Finance!

            :bump2:

            Comment


            • #7
              Re: Help Needed! Welcome Finance!

              subscribe
              Never give up, Never surrender.

              Comment


              • #8
                Re: Help Needed! Welcome Finance!

                Originally posted by dogtired View Post
                subscribe
                What does that mean? Im confused!

                Comment


                • #9
                  Re: Help Needed! Welcome Finance!

                  don't worry - it just means that DT would like to be kept up to date with you thread

                  Comment


                  • #10
                    Re: Help Needed! Welcome Finance!

                    sorry, got my own issues and it seems Welcome have decided, lately to "wake up".
                    Never give up, Never surrender.

                    Comment


                    • #11
                      Re: Help Needed! Welcome Finance!

                      Sorry I can't advise you. I don't have any experience/knowledge about court claims and the best way to handle them. I hope someone will come along soon to help .......

                      Comment


                      • #12
                        Re: Help Needed! Welcome Finance!

                        Thats ok Ruby I hope someome can help me too I really dont know anything about this and need a helping hand! Its just really worrying me.

                        Comment


                        • #13
                          Re: Help Needed! Welcome Finance!

                          Hi Guys Just an update!

                          I am busy trying to sort out my defence as we speak just a couple of questions?

                          If I submit my defence can the defence reasons be changed subject to me receiving the information from the CPR 31.14 request? I ask this as I think there are a couple of defendable things within this claim but need the CPR information to clarify this!

                          How would I go about getting an extension on my defence and what reasons would I need to get any extension?

                          Many Thanks

                          Comment

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                          SHORTCUTS


                          First Steps
                          Check dates
                          Income/Expenditure
                          Acknowledge Claim
                          CCA Request
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                          Subject Access Request Letter
                          Example Defence
                          Set Aside Application
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                          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                          NOTE: If you receive a court claim note these dates in your calendar ...
                          Acknowledge Claim - within 14 days from Service

                          Defend Claim - within 28 days from Service (IF you acknowledged in time)

                          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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