Defence in court?

[Miss k]

Hello all

your advice please.

Quick outline... My Son took a loan out in 2006 (when aged 21) for £2000 with PPI through Welcome Fianance. Paid 4 months at £150 pm then defaulted. Their letters finally caught up with him in 2012 when he phoned and gave them correct address. In June 2014 he was served with court papers at his home. He attended Court where the court ordered welcome finance to send more documents, which they did but were unreadable he reattended 14 days later and the CCJ was set aside BUT judge gave him 14 days to prepare his defence re the debt and mentioned a "trial"

He sent a letter about 3 weeks ago offering a settlement figure of £2100 but have heard nothing, he has phoned 3 times and eventually was told over the phone this was not enough ... They will send a letter confirming this...... Nothing has arrived.

So since then we have sent them a request for CPR 31.14 and CPR 15.5 and also sent another letter for full and final settlement of £2500 (which is all we can scrap together) but still heard nothing!!!

He only has 7 days left til the "trial". We are worried sick!!! The fees are huge if he fights and loses. Apparently his debt now stands at £5574.04p

The paperwork is shoddy , hardly readable, has dates crossed out and new dates added but so hard to make anything out.

What is the next step? Thanks in anticipation

[Amethyst]

Re: Defence in court?

Hi, and welcome.

Have you submitted the defence that the court ordered ?


{In June 2014 he was served with court papers at his home. He attended Court where the court ordered welcome finance to send more documents, which they did but were unreadable he reattended 14 days later and the CCJ was set aside BUT judge gave him 14 days to prepare his defence re the debt and mentioned a "trial" )

What date was the defence due?

We'll need you to scan in the original agreement - his defence by the sounds of it needs to be the document is illegible - and thus unenforceable.

[Thebritishcanuck]

Re: Defence in court?

Why are you not defending this on the basis of it being statute barred?

[Amethyst]

Re: Defence in court?

Possibly 'Their letters finally caught up with him in 2012 when he phoned and gave them correct address.' might knock SB out if classed as acknowledgment of the debt.



Also, anything happen with the PPI ?

[Miss k]

Re: Defence in court?

Oh thankyou so much for replying. The defence is due on Thursday 14th August. I'm afraid I can't scan in the docs as we live in Australia and are trying to help him long distance!!! No defence submitted as we are not sure what to put!!!

[Miss k]

Re: Defence in court?

Not sure of the exact dates of original loan and when he contacted them but think it was just prior to it being out of date!!

[Miss k]

Re: Defence in court?

Nothing was mentioned re PPI. So no!!! Can he apply for a refund when he hasn't paid the debt?

[Amethyst]

Re: Defence in court?

Nothing was mentioned re PPI. So no!!! Can he apply for a refund when he hasn't paid the debt?

Yes, it makes up part of the debt so the refund would serve to reduce the debt.

[Amethyst]

Re: Defence in court?

Oh thankyou so much for replying. The defence is due on Thursday 14th August. I'm afraid I can't scan in the docs as we live in Australia and are trying to help him long distance!!! No defence submitted as we are not sure what to put!!!

Right ok. Can you get your son to come on here?

If he sent a CPR and a CCA request and the Judge ordered they comply with the requests, and they have only supplied an illegible copy of the credit agreement, then he can defend on that point. Need to know if he sent a CCA request though.

And if we can get some dates for the last payment and when he contacted them with the new address that would also help. If there were 6 years between then it would still be stat barred and can go in the defence.

Also copies of any documents submitted to the court by both sides to date.

[Miss k]

Re: Defence in court?

How do we go about claiming the PPI. ?

[Amethyst]

Re: Defence in court?

How do we go about claiming the PPI. ?

Well I wouldn't put it in the mix just yet, but if it was missold then it would be a standard complaint through FOS or FSCS.

[Miss k]

Re: Defence in court?

Thank you all so very much. I'll try and get the dates. And suggest he come on this site.
Just can't understand why they won't correspond with him after they have forced the issue and taken him to court! Very shoddy!!!

[Miss k]

Re: Defence in court?

Well I wouldn't put it in the mix just yet, but if it was missold then it would be a standard complaint through FOS or FSCS.

Ok he's had a "quote" from the court re charges and its £2980 so no way we can do this
He has had a counter offer of £4172.04 from welcome finance. What can we do now?
We can scrap together £2500 but they won't accept it.
He can't have an attachment of earnings due to his job
How does the PPI claim work? And would we be able to claim it back at a later date ?
please help!!! We literally have no idea what we are doing!!!!

[Amethyst]

Re: Defence in court?

Ok he's had a "quote" from the court re charges and its £2980 so no way we can do this
He has had a counter offer of £4172.04 from welcome finance. What can we do now?
We can scrap together £2500 but they won't accept it.
He can't have an attachment of earnings due to his job
How does the PPI claim work? And would we be able to claim it back at a later date ?
please help!!! We literally have no idea what we are doing!!!!

Okay forget talking to the claimants. I have no idea what the 'quote' from the court is about ?

So far he has sent requests for information and defended the case in court.
The court have had a hearing and ordered the claimant supply documents.
The claimant supplied an illegible agreement.

You are now writing the defence.

I need to know what requests for information were sent ( CCA and CPR ? ) and what the previous court order was (the one to supply documents and the one to enter defence)

A copy of the original defence would be good as well as any copies of paperwork received from claimant.

It would really be much easier if you can get your son to come on here tonight with the documents and we'll help him sort it out.

And yes you could deal with PPI completely separately to the claim/debt.

[Amethyst]

Re: Defence in court?

Oh btw a trial isn't a wigs and gowns affair, its more desks and folders.


''The paperwork is shoddy , hardly readable, has dates crossed out and new dates added''


so eg.. 7. On xxxxxxxxx the Claimant supplied an illegible and incomplete document in response. The Defendant has therefore not yet been able to examine the terms and conditions that were in force at the time that the agreement was executed. The copy document that has been disclosed is illegible and is therefore in breach of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and the Defendant is unable to assess the agreement and original terms to form her defence as to unlawful charges and interest applied to the account. [EXHIBIT C] is a copy of the illegible document supplied to the Defendant on xxxxxxxxxxxxx.