Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Welcome / Hegarty LLP Claim Form


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1689 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I'm wondering if someone can help me, as I've received a claim from these also for a loan of £2000 from 2006.

 

I'm 100% certain I was mis-sold the PPI as I sent the forms off with that part unticked, which they RETURNED advising I must tick the box for it in order to complete the loan.

 

I only heard from this IND Ltd in the middle of last month for the first time, I hadn't heard from Welcome for nearly 3 years prior to this at all!

 

I just need to know what to do as I'm certain that the majority of the sum (nearly 3,000-odd at least) is made of interest and charges due to the PPI (I likely would have settled the original loan had the PPI not been bolted on to it!).

 

I actually rang the FSCS number this morning to look into making a claim against Welcome for the PPI,

when a woman advised me that I should contact the broker who initiated the loan

- they are UCC Plc (Unsecured Credit Company Plc)

- which has been in liquidation since May 2010 according to Companies House;

also the number given of 0870 7773277 is no longer in service.

 

At work at moment, so if needs be will post docs later - can anyone advise in interim what to do?

Link to post
Share on other sites

  • Replies 184
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Matt I would disregard UCC PLC and instigate a claim against WF.Get this into place to coincide with any defence you will be considering in mitigation of their claim.

 

You have 33 days in total (5 deemed served so 28) 14 to acknowledge service on line MCOL and a further 14 days to submit any defence ( if you intend defending)

 

If you could type out the Particulars of claim (verbatim) less any identifiable data and round up the claim value.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Righto,,

 

You say the Issue date is 7th May so your timeline is..

 

 

Issue Date 7th May + 5 for service = 12 May + 14 days to acknowledge = 26 May + 14 to submit defence = 9th June.

 

Did they send you a Default notice because they don't mention this in their claim form.

 

When was the last date you made payment to this account ?

 

Do you have a copy of the agreement ?

 

Also, do you have any statements so that you can produce a spread sheet for the mis sold PPI ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Everything I have is pretty much what you see on here today... :|

 

Last payment would have been nearly 5/6 years ago..

 

Can anyone advise what will I need to do from this point?

 

 

My wife and I are terrified as we've only just had our 2nd child,

this is the LAST thing we could have done with!! :pray:

 

Righto,,

 

You say the Issue date is 7th May so your timeline is..

 

 

Issue Date 7th May + 5 for service = 12 May + 14 days to acknowledge = 26 May + 14 to submit defence = 9th June.

 

Did they send you a Default notice because they don't mention this in their claim form.

 

When was the last date you made payment to this account ?

 

Do you have a copy of the agreement ?

 

Does this mean if I acknowledge the claim today/tomorrow, I've got 14 days then to submit a defence?

 

Sorry for all the questions but I've never had this happen before!

Link to post
Share on other sites

Does this mean if I acknowledge the claim today/tomorrow, I've got 14 days then to submit a defence?

 

Sorry for all the questions but I've never had this happen before!

 

No, it is irrelevant if you acknowledge the claim today or tomorrow or by the 26th May.. you will still have the full 33 days from date of issue which will be the 9th of June as the final day for submitting your defence. . The dates I gave you are staging points. You MUST have acknowledged the claim by 26th May and you MUST have submitted your defence by 9th June.

 

HTH makes things clearer for you.

 

Everything I have is pretty much what you see on here today... :|

 

Last payment would have been nearly 5/6 years ago..

 

Can anyone advise what will I need to do from this point? My wife and I are terrified as we've only just had our 2nd child, this is the LAST thing we could have done with!! :pray:

 

It would be really good if you could establish when the last payment was indeed made. If longer than 6 years ago, then it could possibly be statute barred - this means although the debt hasn't gone away, then they are unable to sue for the monies.

 

You need to send the following letter to the solicitors who are acting on behalf of the claimant. Their name and address are on the claim form. Please send it via recorded delivery so that you know that is has been delivered. Read the letter carefully and add the relevant information where prompted.

 

CRP 31:14 template from the legal library

 

You will also need to send a CPR part 18 in order to establish if a Default Notice was issued - it isn't mentioned on the claim form, so you cant request it in the CPR31.14. I will sort out a draft CPR 18 for you and pop it up later on today.

 

Ok, here is a draft CPR Part 18 request - Please amend where necessary.. Name of Court, Court references , your address etc and send this to the Solicitors named on the claim form as well. You can actually pop it in the same envelope as the CPR 31.14 request. On the bottom of the CPR31.14 request pop the following

 

"Enclosed also - CPR Part 18 request"

 

This is just to ensure that they cannot say that there was only one request enclosed in the envelope.

 

 

[ATTACH]43799[/ATTACH]

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

" Thanks for this, will try to get this off tomorrow. Do I need to do anything re my PPI claim as yet?
"

 

Already stated in Post #2.

 

Andy

 

Just referring back to what CB has requested Matt.......Its vital that you check the last payment date to this account as it will have a completely different effect on your response.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

It might be worth a quick call to Welcome to establish when the last payment was made to them.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

OK, in regards to the PPI - I received the below e-mail:

 

"Thank you for your email received on 14 May 2013 regarding your Payment Protection Insurance (PPI) query.

 

In response to your email received on 10 May 2013 requesting an Application Form, on this occasion we will not be issuing one to you.

 

After reviewing your claim, it has come to our attention that you have already received full compensation in respect of the PPI policy which was taken out with Welcome Financial Services Limited (WFSL).

 

This compensation was previously paid to you by WFSL under reference xxxx/xxxxx.

 

On 12 February 2010 you signed an Acceptance Form from WFSL accepting your PPI compensation figure. On 18 February 2010 you received £1544.55 in compensation that was applied to your loan account number xxxxxxx."

 

So that's the PPI route closed off (completely forgot about doing this also).

 

I still think the majority of that is down to charges though.

 

What options have I got now defence-wise? There's no way I can afford £3,600!

 

Shall I still send the CPRs off? Am waiting until tomorrow so I can get to the PO.

 

[EDIT: CPRs sent off today]

Edited by Jimmy Jangle
Link to post
Share on other sites

Just referring back to what CB has requested Matt.......Its vital that you check the last payment date to this account as it will have a completely different effect on your response.

 

It might be worth a quick call to Welcome to establish when the last payment was made to them.

 

Anyone?

 

Cant advise further until you answer the above.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

A credit from them but its a not a payment or acknowledgement from you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

OK, had the copy of agreement, T&Cs, statement of acc - 8 pages worth, and a notice of arrears, but it doesn't look like I've had a response to the part 18 request.

 

capitalisation anyone? I was paying 170 quid a month and a few days later nearly 150 was put back on,?

Link to post
Share on other sites

Indeed I've been having a gander, hopefully we can both see a resolution in our favour!

 

Incidentally, did you get the replies to the CPRs in one, as I've not had a response to the part 18 as yet, although i sent them off in the same envelope?

 

feel a bit sick now, i paid over 5k up to Jan 2010! Surely I've got them by the balls over these charges?

Link to post
Share on other sites

Righto, copy of agreement and statement attached. Looks like a lot of shady things going on that account, wouldn't you agree?:evil:

 

Nothing received in regard to my Part 18 request though - any recourse there?

Link to post
Share on other sites

Was also wondering, if I am to fill out the penalty charges sheet, as Sytra has got on theirs (I think dx did it) - what do I put on there?

 

I ask because there are so many things masquerading as one thing or another so I want to make sure I'm 100% before I take my defence to them?

Edited by Jimmy Jangle
Link to post
Share on other sites

As they advised in the email that they refunded PPI. Doesn't that count as a payment? That was Feb 2010.

 

A credit from them but its a not a payment or acknowledgement from you.

 

 

As you should never have been paying the PPI anyway, I am not sure they can class that as a payment or acknowledgement from you ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Not sure myself, but i was making payments pretty much up to the point when i got the refund. It's not so much acknowledging it now as clawing back the charges because it appears I've been well and truly stiffed!

 

Any ideas? I know I've got until June 9th, but I'm desperate to know if there's anything i can do ��

Link to post
Share on other sites

put these in the spready

 

add hoc fee

telephone call fees

outside call fee

fees refund [make sure you put it in as a - [minus figure] put a - first]

dd cancel fee

letter fee

fee assessment

 

enter everyone with its date

 

...use this spread

 

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

 

 

put their int rate in cell d15

 

58.77%

 

me thinks you owe NOWT

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...