**CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

How mystery thanks for taking a look. There was only one customer and yes is a 2008 agreement. The amount borrowed I believe was £2200

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Thanks amethyst

[mystery1]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Is there a 2nd customer ?

2008 agreement ?

How much did they give you as that interest rate on the agreement is very high. It works out nearer 50%.

M1

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

***update*** claimants produced all docs in court, deed of assignment, agreement and statement of account. Judge adjourned for further 14 days as documents only produced today.

Well that is good news - the adjournment bit, not so much the producing all documents.

And yes I'll try nudge someone to have a look... sadly it really isn't my area the numbers just don't seem to add up.

Welcome are a bit well known for adding charges - I believe these are defendable as penalties.
[MENTION=551]pt2537[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=5354]mystery1[/MENTION]

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Yep that scans then doesn't it.

Need a cleverer person to have a look ... @pt2537 @mystery1 maybe better - I honestly can't remember if we can still argue misstated interest or if it has been kyboshed.

None of the maths adds up on that agreement, and if it WAS 60.10% and you were only paying £120 a month ( equal to 49.5% ) then there's going to be constant arrears, charges and a shortfall back end, if the interest rate is overstated does that affect it as much as it being understated then.

hi [MENTION=6]Amethyst[/MENTION] wondering if the mentioned guys on this post were able to have a look at the agreement for me pls?

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

anyone at all????

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

i went through the documents and there are 'charges' added to the account but still the balance is incorrect. any ideas as to where i go from here?

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

***update*** claimants produced all docs in court, deed of assignment, agreement and statement of account. Judge adjourned for further 14 days as documents only produced today.

[nemesis45]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

The production of a " reconstituted" agreement evolves from Case Law, it allows for the submission
of a " true copy" of an agreement with the details posted earlier, this as said may or may not satisfy
the CCA request.

A " properly" reconstituted agreement together with other evidence of usage of a " credit facility" may lead
a judge to conclude that on " the balance of probabilities that the agreement is enforceable and a ability exists ".

Judgement is made in favour of the claimant.

The Civil Law in England & Wales has its base in the " Balance of Probabilities" not " Beyond reasonable doubt" as is in criminal law.

So if the claimant believes the recon is viable they will produce it.

nem

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Hiya DD, so sorry I've not been about

Yes they could whip it out in court and argue the toss but I do think IF THEY DO you should point out that the figures don't add up and that you have asked for other documents/evidence of this debt and they have failed to supply anything to you. The CCA is not complete and there are no terms and conditions with it, not even reconstructed ones, there's no details on how much you may have, or may not have, paid, no details on the charges they are including in the amount and nothing about interest charged - no evidence of assignment to Lowell so no proof that they have a legal right to collect the debt, and you have never received a default notice.

If there is a true debt then you would be happy to come to an arrangement to repay it but you feel completely unable to do so with a random third party who has shown no evidence whatsoever of what they are claiming. the claim was bought against you in November last year and it is now June (nearly) and you are no further forwards despite numerous requests.

If they don't then just stick that they havent complied with the CCA.

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

[MENTION=55034]nemesis45[/MENTION] thanks for coming back to me nemesis. so even though they have not submitted this 'agreement' or any paperwork at all i n fact, can they still produce it in court?

[nemesis45]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

I'm here!

I believe that we are at the stage with the " agreement " where it may be down
to a judge to decide 1. If it fulfils a CCA Request and 2. Does the agreement in
the balance of probabilities prove that the debt is owed i.e. is it enforceable or not.
Personally I would be reluctant to side with the claimant.

Other opinions please!!

nem

[Kati]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

[MENTION=55034]nemesis45[/MENTION] ? [MENTION=37786]FlamingParrot[/MENTION] ? [MENTION=6]Amethyst[/MENTION] ?

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

anyone??

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Thanks for coming back to me [MENTION=37786]FlamingParrot[/MENTION] . at the time the defence was submitted, there was no agreement provided. So despite them not sending in this agreement to the court, can they still rely on this in court? what options do i have if any at this stage then?
as set out in the defence, They haven't sent in any documentation to prove the amount they say i owe is correct and they have not provided any other documents what so ever. surely it is up to them to prove 1. that i owe the debt 2. that the amount they state i owe is correct 3. provide documentation to back up their claim as stated in the particulars of claim.

im at a loss..........any help between now and tommorow morning would be greatly appreciated