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Welcome finance /ind. I won,
I went to court couple of days ago and won my case against WELCOME/IND. In 2006 I took out a loan with Welcome For £2500, by 2008 I Had made payments of just over £3000, I then became unemployed though didnt worry because I had PPI. 5yrs later having heard nothing from either party IND contacted me saying I had an outstanding balance of over £5000 owing. This to be paid in full or arrangements for payment to be made. I wanted my day in court, as far as I was concerned I owed nothing. Sure eneough they issued court proceedings, when the summons arrived I replied with my statement to defence. The court sent a copy of my statement of defence to IND asking them to submit a reply to my defence within a specific time period. They did not. So the court struck the claim out. Please bear in mind this was in sept 2013.
Then 2 months ago I received a copy of a letter from IND stating that they are applying to the court for the claim to be re-instated apologising to the court that the reason they did not submit a reply was human error. That it was on their system though not sent to the court, along with this statement was also a signed witness statement from IND stating that this was the case. IND wanted to have the claim re-instated without a hearing. The court decided that a hearing was nescessary to decide wether to re-instate. I recieved a letter from IND 1 week before the hearing date stating that nobody from IND will be attending the hearing but that a witness statement would be read out that they had sent to the court.
On arrival at the court i was dismayed to find that a barrister was attending the hearing on behalf of IND. He introduced himself to me and said I did the right thing in attending and it was now touch and go wether the claim was re-instated. He also said that IND were asking the Judge to lift the struck out order off the claim if they were not successful in having the claim re-instated.
I thought what the hell am I here for if all they are going to do is take me back to court even if the claim is not re-instated. I had never been in court before and was very anxious, though on entering the hearing room it felt comfortable and warm and not threatening.
I and the barrister both introduced ourselves to the Judge, and the hearing began. I sat in stunned silence as the Judge verbally and in a very calm but serious manner tore the barristers arguments and points to bits.
The Judge Stated to the barrister that the court through a Judges request had sent notification to IND to reply to the defendants defence twice. "So you were given two bites of the cherry, twice you were given opportunity to respond to the defendants statement of defence. And twice IND failed to reply to the court. And now 2yrs later you are applying to get the claim re-instated, I find this quite unbelievable". "YES maam, replied the barrister though IND do admit to this and have apologised to this court for the human error that took place in not responding to the request from the court within the time period specified on the documents from the court" The Judge replied, "But they were given two chances to reply, so it must have been human error not once. but twice. " " There is a signed witness statement maam, along with a copy of INDs response to the Defendants defence statement which wasnt sent to the court due to the human error maam,which IND sincerely apologise for" replied the barrister. This is unbelievable replied the Judge and extremely serious very serious. "Excuse me maam"replied the barrister with a bemused look on his face. a very stern and angry but composed Judge said " This response to the defendants defense by Ind they say but for human error should have been sent to the court Pre dates the request from this court requesting Ind for a response" Then looking sternly at the barrister she said "are you aware how serious this is" The barrister replied" I apologise maam but I am only acting on instruction ". " I am making two Judgments" replied the judge. The request by Ind to this court For re-instatement of the claim is denied. And second, That the struck out order on this claim shall not be removed. and also I am awarding the defendant expenses against Ind. Thank you that is all goodbye." At that moment I felt like a ton weight had been lifted fom my head this had caused me so much stress it was making me ill. Thank god for british justice and a bloody good Judge.
Then 2 months ago I received a copy of a letter from IND stating that they are applying to the court for the claim to be re-instated apologising to the court that the reason they did not submit a reply was human error. That it was on their system though not sent to the court, along with this statement was also a signed witness statement from IND stating that this was the case. IND wanted to have the claim re-instated without a hearing. The court decided that a hearing was nescessary to decide wether to re-instate. I recieved a letter from IND 1 week before the hearing date stating that nobody from IND will be attending the hearing but that a witness statement would be read out that they had sent to the court.
On arrival at the court i was dismayed to find that a barrister was attending the hearing on behalf of IND. He introduced himself to me and said I did the right thing in attending and it was now touch and go wether the claim was re-instated. He also said that IND were asking the Judge to lift the struck out order off the claim if they were not successful in having the claim re-instated.
I thought what the hell am I here for if all they are going to do is take me back to court even if the claim is not re-instated. I had never been in court before and was very anxious, though on entering the hearing room it felt comfortable and warm and not threatening.
I and the barrister both introduced ourselves to the Judge, and the hearing began. I sat in stunned silence as the Judge verbally and in a very calm but serious manner tore the barristers arguments and points to bits.
The Judge Stated to the barrister that the court through a Judges request had sent notification to IND to reply to the defendants defence twice. "So you were given two bites of the cherry, twice you were given opportunity to respond to the defendants statement of defence. And twice IND failed to reply to the court. And now 2yrs later you are applying to get the claim re-instated, I find this quite unbelievable". "YES maam, replied the barrister though IND do admit to this and have apologised to this court for the human error that took place in not responding to the request from the court within the time period specified on the documents from the court" The Judge replied, "But they were given two chances to reply, so it must have been human error not once. but twice. " " There is a signed witness statement maam, along with a copy of INDs response to the Defendants defence statement which wasnt sent to the court due to the human error maam,which IND sincerely apologise for" replied the barrister. This is unbelievable replied the Judge and extremely serious very serious. "Excuse me maam"replied the barrister with a bemused look on his face. a very stern and angry but composed Judge said " This response to the defendants defense by Ind they say but for human error should have been sent to the court Pre dates the request from this court requesting Ind for a response" Then looking sternly at the barrister she said "are you aware how serious this is" The barrister replied" I apologise maam but I am only acting on instruction ". " I am making two Judgments" replied the judge. The request by Ind to this court For re-instatement of the claim is denied. And second, That the struck out order on this claim shall not be removed. and also I am awarding the defendant expenses against Ind. Thank you that is all goodbye." At that moment I felt like a ton weight had been lifted fom my head this had caused me so much stress it was making me ill. Thank god for british justice and a bloody good Judge.
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