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

[Yockers]

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

Yes - that does sound correct. Is there anything that I can do to mount a defence as the debt will not be statute barred

[Amethyst]

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

Well it is a Welcome finance loan? so they must supply you with a copy of the agreement to be able to enforce the debt. You've sent off the letter asking for the agreement under the Consumer Credit Act s.77.

If you get to the defence date and have had nothing back you would be defending on the basis the debt is unenforceable while they remain in default of your request.

77 Duty to give information to debtor under fixed-sum credit agreement.

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the total sum paid under the agreement by the debtor;

(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to—

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement; F2. . .

(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)This section does not apply to a non-commercial agreement.

[Yockers]

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

OK - lets see what happens - I will update you on Wednesday when I call the court to see if they have received and entered my acknowledgment. Thanks once again - great help to have someone to speak to about this