Court Claim - Lowell / Welcome Finance - 26-1-2015

**Yockers** · 21st June 2015, 21:02:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Sorry just realised what the particulars means

The Claimants Claim is for the sum of £3,407.23 being monies due from the Defendant to the Claimant under the Personal Loan agreement regulated by the Consumer Credit Act 1974 between the Defendant and Welcome Financial Services Ltd.

under account reference xxxxxxx and assigned to the Claimant on 14/12/2012 notice of which has been given to the Defendant.

The Defendant failed to maintain the contractual payment under the terms of the agreementand a default notice has been served and not complied with. The claim also includes statory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum ( adaily rate of £0.59 from the date of the assignment of the arrangement to the date of issue (23/01/2015) being an amount of £454.89

**FlamingParrot** · 21st June 2015, 21:23:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Hi and welcome aboard

Could you please clarify where we are at with this claim? Presumably it was received in January and it has progressed to the point where it's about to go to trial, is that correct?

When you say you got the court letters 2 days after the 14 days, what letters are those? Directions?

When is the trial scheduled for? What is the basis of your defence?

A little history would be useful. :typing:

**Yockers** · 21st June 2015, 21:38:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Hi

The original loan was with Welcome Finance and to be honest, I have had so many problems with debts that it's all a little difficult to track. The debt was sold to Lowell Financial Services. I have had dealings with them on and off for the last 4-5 years. I picked this letter up on Friday. It was the claim and the defence pack. I have been living at my girlfriends. So I have sent the letters suggested in the forum to BW Legal (CPR) and Welcome (CCA). I do not have the funds to pay this and I have a feeling the debt may be statue barred. I contacted Lowell to find out when the last payment was made. They said that they have never received a payment.

So, I am worried that the deadline may have passed to respond....the service was issued on the 2nd of this month, so I should have responded by the 16th.

Thanks for replying, feeling a boit worried about all of this.

**FlamingParrot** · 21st June 2015, 21:48:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

What date is printed on the claim form? Was it the 2nd of Jun? 5 days are allowed for service. On your first post you say you acknowledged service, that should stop them from requesting default judgment. Looks like you had a narrow escape! :thumb:

Can I ask what 26-1-2015 refers to?

**Yockers** · 21st June 2015, 21:56:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Hi - on the claim form, it says 26-1-2015 as the date of the claim. But on the letter from BW Legal it states that the issue date is 02/06/2015. The claim form has an old address for me on it, which has been crossed out and a new one put on in biro. Should I post a copy on here tomorrow - I can scan it all at work.

**FlamingParrot** · 21st June 2015, 22:15:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Originally posted by Yockers View Post

Hi - on the claim form, it says 26-1-2015 as the date of the claim. But on the letter from BW Legal it states that the issue date is 02/06/2015. The claim form has an old address for me on it, which has been crossed out and a new one put on in biro. Should I post a copy on here tomorrow - I can scan it all at work.

Sounds like it was returned to the court and re-served to your new address. However, if the claim was issued on Jan 26th, it would no longer have been valid on the 2nd of June as service of a claim form within the jurisdiction has to be within 4 months of issue, that would have been a week early on May 26th.
CPR 7.5

Service of a claim form

7.5
(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

First class post, document exchange or other service which provides for delivery on the next business day	Posting, leaving with, delivering to or collection by the relevant service provider
Delivery of the document to or leaving it at the relevant place	Delivering to or leaving the document at the relevant place
Personal service under rule 6.5	Completing the relevant step required by rule 6.5(3)
Fax	Completing the transmission of the fax
Other electronic method	Sending the e-mail or other electronic transmission

**Amethyst** · 22nd June 2015, 05:43:AM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

I would give Northampton county court business centre a ring today and check with them the status of the claim. 0300 123 1056 / 01604 619400 - explain about the dates and that you only received the papers a couple days ago.

Can you log in on moneyclaim online ? ( details should be on the claim form bottom right panel )

**FlamingParrot** · 22nd June 2015, 10:08:AM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Originally posted by Amethyst View Post

I would give Northampton county court business centre a ring today and check with them the status of the claim. 0300 123 1056 / 01604 619400 - explain about the dates and that you only received the papers a couple days ago.

Can you log in on moneyclaim online ? ( details should be on the claim form bottom right panel )

It looks like they can log in because they acknowledged service yesterday, however, the claim form was served outside its 4 month period of validity so surely it's no longer a valid claim?

Originally posted by Yockers View Post

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

**Amethyst** · 22nd June 2015, 13:30:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

That's what I was thinking, if the court amended the issue date then it would be valid as it was then served within 4 months - however if BC had the claim back and then resent it having just changed the date themselves, it wouldn't be. If he could log in to Moneyclaim to acknowledge then it is likely to have been the court that amended it, but quite a lot of people acknowledge by returning the form in the claim pack, so just double checking. I think it is worth checking with the court.

**Yockers** · 22nd June 2015, 13:32:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Hi - I have sent the documents back to the court, I cannot login into the service as no password was supplied with the claim form or anywhere in the defence pack. I am going to call the court now

**Amethyst** · 22nd June 2015, 13:47:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Thanks Yockers. Let us know what they say xx

**Yockers** · 22nd June 2015, 13:53:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

So I have spoken to the court. They have said that they have the date of service down as the 4th of June 2015 - so my documents will arrive late. However there is a note on there system to say that the date of service was extended due to the service being sent out in error. This is because they sent this to my old address, I have recently been making payments to Lowell Financial for full and final settlements of other accounts and they must have updated my info with BW Legal. I need to call back on Wednesday to see if they will accept my acknowledgement - fingers crossed that they do. In the meantime - I have sent requests to BW legal and Welcome Finance to begin my defence. I believe that this debt may be statute barred - but I need the documents in order to ascertain this.

Thanks so much for your help.

**Yockers** · 22nd June 2015, 14:39:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

I have managed to get this info from Lowell

Lowell reference: xxxxxxxx
Original Account number: xxxxxxx
Original Client: Welcome Finance

This account was opened on 29^th November 2008. The last known address on file was 20 Victoria Square. The most recent payment was made on 1^st July 2011 and was for the amount of £11.75.

Please note that this account is being managed by the External Agent, BW Legal. I have provided their contact details below:

BW Legal
The Tannery
91 Kirkstall Road
Leeds
West Yorkshire
LS3 1HS
Telephone: 0113 323 1784
Email: enquiries@bwlegal.co.uk

**Amethyst** · 22nd June 2015, 14:54:PM

Re: Court Claim - Lowell / Welcome Finance - 26-1-2015

Okay well it's been done via the courts so is all above board. You have done the right things in sending the CCA and CPR requests so see what comes back on those. For now though does that £11.75 sound the right amount and the right date when you stoppped making token payments off the debt ?

Court Claim - Lowell / Welcome Finance - 26-1-2015