Welcome & IND

[MR PRIKLES]

Good afternoon All,


I am being taken to court with Welcome & IND my hearing date is next Monday but I just wanted to ask some questions about my case.

I had a loan with Welcome back in 2004 when I lived in Lincoln with my then girlfriend, the loan was for the sum of £1450 I was paying this without fail weekly in 2005 I then moved back to West Sussex due to a better job offer. I informed Welcome of my move and filled in new paper work before I did with my new address, I then carried on paying the loan until the middle of 2006 when I noticed that my loan amount hadn't decreased, I made an appointment with the Crawley office to discus this issue the guy I had the meeting with said that he would look into my complaint and then get back to me.

The Welcome office then closed down the end of 2006 and I didn't hear from them during this time, so I stopped paying them for the loan! I then moved house from my parents into my own flat in 2007 and I then had no contact with Welcome until 2012 when I received a court summons to submit my defense, I did this stating the above and disputing the amount as Welcome had now claimed that I had take a loan out in 2005 to clear the loan from 2004, this was another £1500 ( I did not have this money) they then claim that in 2006 I then took out a 3rd loan this time to clear the one from 2005, this was a total of £6579 (I also have not had this money from them)

I sent my response back to the court and waited for a response, I didn't get a response from anyone until 2015 Jan last year, this was from Welcome asking the stay to be lifted from the court!

I then called the court and asked why I haven't had any correspondence from them till now when I filed paper work with the court, the court said the had received anything from myself. I luckily had kept a copy of my form to which I emailed direct to the court.

I then sent a request to Welcome for every bit of information they have on file for myself along with a £10 postal order,

Then then sent back copies of the supposed loan accounts, the one dated from 2004 signed by myself (THE ONLY LOAN I DID TAKE OUT) and also the one they claim I took out in 2005 both of these have my signature (however I did not have the money for the 2005 loan)

the one from 2006 the signature dose not look like mine but it did accompany a form I had gone through the their employee in 2006 this stated my in comings and out goings as this is what he was going to look at to help with my complaint about the loan not going down instead it has been made to 5 times the size.

they also sent me the cheque numbers that they apparently gave myself to cash, so I then asked them for the venders details of where said cheques had been cashed, I didn't get a reply and waited for over a week I then received an email from IND saying that they had requested this from Welcome but have their legal team on this at present.

another week goes by this is October this year I send another email requesting the information again this time no reply from IND, I wait another week and then threaten to contact FOC about the fact that they are not helping myself with the information. I then get a new person from IND emailing me saying that they have been passed the case now to deal with and can I send them my name and address again, to which I reply no but have to in the end as she wouldn't answer any of my questions until I had!!

I then ask for all the details on where and when and with whom the cheques had been cashed with, she came back with due to how far back the case is that Welcome are having difficulty in getting the information but however the can provide me with the one from 2004!!!

this made me laugh as it is the oldest loan that they have the details of where, with whom and when I cashed that cheque.

so I sent to the court all of my emails and all of the letters from them to myself but what I wanted to know was if they cant prove I cashed or used that money how can it be enforced in court if all they can prove is that they have a signed agreement, is that enough for them?? or would my argument stand that they can't provide me with evidence that that money ever left their accounts??

sorry I have gone on I needed to get it all out in the open.

any advice would be most grateful


Happy New Year.

[nemesis45]

Re: Welcome & IND

Good afternoon All,


I am being taken to court with Welcome & IND my hearing date is next Monday but I just wanted to ask some questions about my case.

I had a loan with Welcome back in 2004 when I lived in Lincoln with my then girlfriend, the loan was for the sum of £1450 I was paying this without fail weekly in 2005 I then moved back to West Sussex due to a better job offer. I informed Welcome of my move and filled in new paper work before I did with my new address, I then carried on paying the loan until the middle of 2006 when I noticed that my loan amount hadn't decreased, I made an appointment with the Crawley office to discus this issue the guy I had the meeting with said that he would look into my complaint and then get back to me.

The Welcome office then closed down the end of 2006 and I didn't hear from them during this time, so I stopped paying them for the loan! I then moved house from my parents into my own flat in 2007 and I then had no contact with Welcome until 2012 when I received a court summons to submit my defense, I did this stating the above and disputing the amount as Welcome had now claimed that I had take a loan out in 2005 to clear the loan from 2004, this was another £1500 ( I did not have this money) they then claim that in 2006 I then took out a 3rd loan this time to clear the one from 2005, this was a total of £6579 (I also have not had this money from them)

I sent my response back to the court and waited for a response, I didn't get a response from anyone until 2015 Jan last year, this was from Welcome asking the stay to be lifted from the court!

I then called the court and asked why I haven't had any correspondence from them till now when I filed paper work with the court, the court said the had received anything from myself. I luckily had kept a copy of my form to which I emailed direct to the court.

I then sent a request to Welcome for every bit of information they have on file for myself along with a £10 postal order,

Then then sent back copies of the supposed loan accounts, the one dated from 2004 signed by myself (THE ONLY LOAN I DID TAKE OUT) and also the one they claim I took out in 2005 both of these have my signature (however I did not have the money for the 2005 loan)

the one from 2006 the signature dose not look like mine but it did accompany a form I had gone through the their employee in 2006 this stated my in comings and out goings as this is what he was going to look at to help with my complaint about the loan not going down instead it has been made to 5 times the size.

they also sent me the cheque numbers that they apparently gave myself to cash, so I then asked them for the venders details of where said cheques had been cashed, I didn't get a reply and waited for over a week I then received an email from IND saying that they had requested this from Welcome but have their legal team on this at present.

another week goes by this is October this year I send another email requesting the information again this time no reply from IND, I wait another week and then threaten to contact FOC about the fact that they are not helping myself with the information. I then get a new person from IND emailing me saying that they have been passed the case now to deal with and can I send them my name and address again, to which I reply no but have to in the end as she wouldn't answer any of my questions until I had!!

I then ask for all the details on where and when and with whom the cheques had been cashed with, she came back with due to how far back the case is that Welcome are having difficulty in getting the information but however the can provide me with the one from 2004!!!

this made me laugh as it is the oldest loan that they have the details of where, with whom and when I cashed that cheque.

so I sent to the court all of my emails and all of the letters from them to myself but what I wanted to know was if they cant prove I cashed or used that money how can it be enforced in court if all they can prove is that they have a signed agreement, is that enough for them?? or would my argument stand that they can't provide me with evidence that that money ever left their accounts??

sorry I have gone on I needed to get it all out in the open.

any advice would be most grateful


Happy New Year.

Good evening. welcome to LB.

For clarification please:
Has Welcome sold the account to IND?

It sounds to me that this one of Welcomes in house rewritten accounts a common occurrence
when people move, there was never any reason to complete new paperwork a change of address
was all that was needed.

When and in what capacity did IND get involved?

When exactly did payments cease?

Have you entered a formal defence that has been served on the claimant ( confirmed by the court and forwarded to the claimant?)

Have you followed the court process? from acknowledging the claim, filing a defence, directions questionnaire, allocations questionnaire, witness statement, filed all documents that you intended to rely on with the claimant and the court, received the claimants witness statement and their documents at least 14 days before the hearing date?

nem

[MR PRICKLES]

Re: Welcome & IND

Good evening. welcome to LB.

For clarification please:
Has Welcome sold the account to IND? I can only assume yes.

It sounds to me that this one of Welcomes in house rewritten accounts a common occurrence
when people move, there was never any reason to complete new paperwork a change of address
was all that was needed.

When and in what capacity did IND get involved?

Welcome changed solicitor in 2012 from Hegarty (not sure if spelt correctly) to them selves, I then didn't get any contact till Jan 2015 and this time it was from IND and Welcome.

When exactly did payments cease? July 2006

Have you entered a formal defence that has been served on the claimant ( confirmed by the court and forwarded to the claimant?)

Yes I had to send it to them before the Christmas break otherwise they would have not ben in I sent mine on the 17th couriered from work

Have you followed the court process? from acknowledging the claim, filing a defence, directions questionnaire, allocations questionnaire, witness statement, filed all documents that you intended to rely on with the claimant and the court, received the claimants witness statement and their documents at least 14 days before the hearing date?

Yes I have sent all of the above back to the court within time but I didn't receive Welcome/IND's response until Saturday the 19th of December and there are things in their defense that I would have picked up on!

Thanks for responding to my post Nem much appreciated.

if you need I can scan and post all the forms on line so I can show you what I have sent them back and to the court??

nem

Thanks for responding Nem much appreciated,

I have listed the answers back to your question above if you need any further information I can send all over or post on here.

do you know if they have to prove I had the money or not?? i.e. show proof of payment to myself not just the cheque number that they have sent but actual proof I had the money and it left their bank account and came to me?

[nemesis45]

Re: Welcome & IND

Thanks for responding Nem much appreciated,

I have listed the answers back to your question above if you need any further information I can send all over or post on here.

do you know if they have to prove I had the money or not?? i.e. show proof of payment to myself not just the cheque number that they have sent but actual proof I had the money and it left their bank account and came to me?

The onus of proof is upon the claimant.

I believe this is one of the dreaded Welcome rewritten contracts, whilst one hesitates to say that Welcome forged documents it has
become clear that the branch offices did rewrite contracts sometimes without the customers knowledge.
It would help to see some of the " contract" documents you have.

When did IND become involved exactly I presume it now owns the debt.

When was the last payment made to any party in regard to the alleged debt.

nem

[MR PRICKLES]

Re: Welcome & IND

The last time I paid any money to this account was in July 2006.

The first time I had any contact from IND was back at the begging of Jan 2015 after I received the lift of stay to be removed by Welcome from NCC it also included the change of solicitor information but no where did it have IND.


when I then asked for all the information request from Welcome that is when I started getting letters from IND as well as Welcome.


IND sent me through lots of information that they have said they where sending to my old address one of the letters was the final demand before court action this was in 2012 but they already had my current address as I then received the court letter in 2012.


I don't have the loan paper work with me today but will send it over tomorrow for you to look at, I have a copy of my response to the court and them so will attach this to see what you think of that.

and I thought they have to be able to prove that I had benefited from the money and they can't the only one they can is the loan from 2004 the original loan I did have.

please see the attached and thanks again for looking.