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

[DEBTDEFENDER]

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

excellent, thanks for your help. I will get drafting and then post the defence up. is my deadline 28 days from the 26/11/2014?

[Amethyst]

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

YEs there is an example to work from http://www.legalbeagles.info/forums/...t-Court-Claims

For Welcome Finance it is unlikely they will come up with anything so I'd be tempted just to put your defence in rather than prolong the agony for another month.

Once you have got a draft cracked post it up and we'll try check it over before you send it.

[DEBTDEFENDER]

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

hey guys so with just a week left to prepare my defence, i thought i would just touch base before the xmas break period. I spoke with BW legal who confirmed receipt of my requests but gave the usual 'we need to go back to my client' speech. should i be pushing them for anything at all at this stage? will i need to get an extension on the date for submitting the defence?
i know there won't be many people around on xmas eve so should i start preping my defence now and is there a template for this?
thanks in advance for your help

[FlamingParrot]

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

thanks for the response. so there was no point in me sending the document requests them to then. does this mean that i have no way to contest this and its either i pay them or get a ccj??

Let's see how the application progresses and whether they can produce documents or not.

If it comes to the point where you cannot successfully defend, you can sign a Tomlin Order which would stay the proceedings as long as the terms of the order are kept to. This would avoid a CCJ on your record, but we'll cross that bridge if/when we come to it. :thumb:

[DEBTDEFENDER]

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

thanks for the response. so there was no point in me sending the document requests them to then. does this mean that i have no way to contest this and its either i pay them or get a ccj??

[FlamingParrot]

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

hi guys, thanks for the responses. Yes the account was unsecured and was opened in march 2008. defaulted in october 2009 and definitely no longer appears on my credit file. it was marked satisfied in 2012 under welcomes name and then dropped off for some reason. i presume this was when lowell took over the debt but to date have not marked the default on my file under their own name.

so no need for the part 18 request. will get the other bits sent off recorded delivery today. I'm just afraid that they will come back with the required documents at which point i don't know what ill do. Again thanks for your help/guidance

One thing I think I must mention here is that, since you opened the account after April 2007, you will no longer have the protection of s.127 of the CCA 1974 which was the one that prevented a court from making an enforcement order unless it could be established that there was a properly executed agreement with all the prescribed terms.

[DEBTDEFENDER]

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

hi guys, thanks for the responses. Yes the account was unsecured and was opened in march 2008. defaulted in october 2009 and definitely no longer appears on my credit file. it was marked satisfied in 2012 under welcomes name and then dropped off for some reason. i presume this was when lowell took over the debt but to date have not marked the default on my file under their own name.

so no need for the part 18 request. will get the other bits sent off recorded delivery today. I'm just afraid that they will come back with the required documents at which point i don't know what ill do. Again thanks for your help/guidance

[Kafka]

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

When was the account opened?

Was it unsecured?

[FlamingParrot]

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

Hi and welcome

You seem pretty clued up and have obviously been reading other threads. :clap2: The Part 18 request is usually only sent when you want to obtain specific information that does not relate to documents mentioned on the particulars of claim, such as the date of the last payment made into the account when you suspect it may be statute barred. If you last paid in 2009 that wouldn't be the case, however, you say it no longer appears on your credit file, could it have been defaulted earlier? :noidea: I don't think the default would have been removed from your file just because Welcome went under, and the account is owned by Lowell so it would still show up with Lowell's name against it.