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

[Amethyst]

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

ooo dear sorry you've been missed a bit, just having a read now xxx

[DEBTDEFENDER]

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

few updates* had a call asking about mediation and i advised i had no documents from claimants. told they would transfer to local court for the judge to give direction. couple days later i received a letter with the credit agreement from solicitors with offer of early settlement. No other documents have been received and they have not responded to my CCA or CPR requests. what now????

[Amethyst]

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

Defence looks fine , you've still received nothing in response to your CCA request then, and BW Legal are pushing it to court.

You should receive a copy of their N180 form before the deadline as well, there's no need to put much in yours as you're small claims track so the example http://www.legalbeagles.info/forums/...l-Claims-Track should pretty much cover it, you could put no to mediation due to complete lack of documents/cca/evidence from the claimants.

Having received the N180 does mean BW legal have replied to the defence / court and now need to pay their hearing fee ( they can get a refund up to 7 days before a hearing ).

Once both directions questionnaires have gone in you should receive a notice of allocation to your local court and then directions or a hearing date from there, which will tell both parties to put in witness statements and evidence at least 14 days prior to the hearing.

[Amethyst]

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

few updates* had a call asking about mediation and i advised i had no documents from claimants. told they would transfer to local court for the judge to give direction. couple days later i received a letter with the credit agreement from solicitors with offer of early settlement. No other documents have been received and they have not responded to my CCA or CPR requests. what now????

oops managed to cross posts there and you're further on than I thought and done exactly the right thing so all good xx

i received a letter with the credit agreement from solicitors with offer of early settlement.

Best have a look at that agreement then Can you scan it in (redact your personal info) ?

[DEBTDEFENDER]

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

Thanks amethyst, i will scan it on tomorrow for you to have a look at.

[DEBTDEFENDER]

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

please see attached credit agreement

[DEBTDEFENDER]

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

should i be pushing them for the other documentation that they haven't been bothered to provide?

[Amethyst]

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

hmm looks quite ok to me. What's the second interest rate that you've redacted ? as the 64.68% APR doesn't seem to add up right so think we need the rate of interest per annum.... how does the monthly figure look ?

[DEBTDEFENDER]

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

hi amethyst thanks for coming back to me, i appreciate it. The APR is 60.10% not sure why i redacted that tbh

[Amethyst]

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

Ahh that sounds more like it. ( Still insane though - has to be said) I'll plug that in the calculator

[Amethyst]

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

Still doesn't match up the agreement

The agreement says interest £2056

[Amethyst]

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

mis-stated interest is talked about in Sternlight, and I think Harrison. I'll check.

Your agreement doesn't state how much you'll be paying a month. Should have been £135.18 if over 36 months. ( capital + interest + £75 fee / 36 months )

The figures on the agreement £2200 + £2056 interest + £75 fee / 36 months = £120.32

[Amethyst]

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

£2056 interest on £2200 over 36 months makes it an interest rate of 49.4%

Bear in mind that my Maths leaves a lot to be desired but it's worth looking in to with ref to what you have actually paid ( and remember to put the £75 on to work out the monthlys)

[Amethyst]

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

hi amethyst thanks for coming back to me, i appreciate it. The APR is 60.10% not sure why i redacted that tbh

What amount were you paying monthly ?

[DEBTDEFENDER]

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

£120.32