Weightmans/HFC County Court Claim

[Hopeful1]

Thank you. It takes me a while to get my head around things, but once the info's in i'll be fine It was just having the AOS hanging over my head - i'd logged onto moneyclaim 3 or 4 times last night, but wasn't sure which box to tick - it was really bugging me!!

 

Anyway, must go to my last appointment of the day.

 

Your input and consideration is really appreciated

[Hopeful1]

Oh, i have done the AOS now!!

[spiritgirl59]

(((hugs))) try to get a good night's sleep tonight xx.

 

I know how you feel, I was in a real state when I first got my court papers as well. Part of how you feel is being incensed by the fact that they dare try to take you to court when THEY are the ones in the wrong and YOU have done everything correctly and professionally in requesting specific information, but have been ignored ... that was what spurred me on in the end, determination to show SC&M up for the incompetent pillocks they are...sounds like Weightmans are just as bad!

 

Paul your advice is always so helpful, and its comforting to us all to know there are peeps like you out there! I shall give you a click

 

Love SG x

[spiritgirl59]

Paul I can't give you a click as it says I have to spread it around a bit at the moment ...but a big thank you for all your helpx

 

Love SG x

[Hopeful1]

(((hugs))) try to get a good night's sleep tonight xx.

 

I know how you feel, I was in a real state when I first got my court papers as well. Part of how you feel is being incensed by the fact that they dare try to take you to court when THEY are the ones in the wrong and YOU have done everything correctly and professionally in requesting specific information, but have been ignored ... that was what spurred me on in the end, determination to show SC&M up for the incompetent pillocks they are...sounds like Weightmans are just as bad!

 

Paul your advice is always so helpful, and its comforting to us all to know there are peeps like you out there! I shall give you a click

 

Love SG x

 

You have hit the nail on the head re how they have incensed me. That's why i was up at 6.30am faxing a complaint!

 

I also 2nd your support for Paul and the others who spend so much time helping people like us through difficult situations. Their help really is invaluable

[robcag]

Hi Hopeful

 

I just searched out and read your thread from your reply on my thread about HFC taking me to court.

 

Going by what you have said about already CCA'ing them, and also the fact that they have already stated they do not have any documents, then as Paul says, I don't think you will have too much to worry about (except that it should all have been unnecessary).

 

Personally, I haven't failed to get a good nights sleep since finding CAG several months ago! Prior to that I did used to sometimes worry about everything that was occurring regarding DCAs etc.

 

I'm sure everything will turn out to be OK for you with this case, and that you will be in a strong position when it comes to court, if it gets that far.

 

Good luck, and don't lose any more sleep over it

 

Rob

[Hopeful1]

Hi Rob - thank you for your encouraging post. My panic has subsided now i've acknowledged the stupid thing.

 

I have an overriding feeling of pee'd-off-ness that they can take things this far. I am excited in a way about how it will turn out.

 

I will wait to see what they provide under the CPR which they should have received now. *Note to self - check on PO tracking service!

 

I've just rung the court and confirmed i have until the 19th March to submit my defence. Unbelieveably i have been called as a witness in a work related case, so need to focus on that 1st, as it's the beginning of March.

 

Thanks again for posting - best wishes

[bennieee]

Hi Hopeful, just read your thread and wanted to add some support - I am currently going through the same with HFC / Weightmans - they did not reply to my CPR request and to date I have still not received the information from them despite the Judge ordering it to form part of their disclosure.

 

I hope that it all goes well for you

 

Bennieee

[Hopeful1]

Hi Hopeful, just read your thread and wanted to add some support - I am currently going through the same with HFC / Weightmans - they did not reply to my CPR request and to date I have still not received the information from them despite the Judge ordering it to form part of their disclosure.

 

I hope that it all goes well for you

 

Bennieee

 

 

Hey hey!! That is good to hear. Thank you for posting that info.

 

When did your case begin?

 

I really must go and get some work done, but will be back later.

 

Good luck - though it sounds like it could very well go in your favour.

 

It is frightening how many people this is happening to.

[Hopeful1]

This info below is taken from Weightmans website. In my opinion, it sums up their use of the court system as a quick fire option to recover money from those not aware of their rights.

Debt recovery

 

Process led, proactive recovery of volume debts from individuals or businesses, using award-winning case management systems.

 

Credit control is a crucially important area of business management. Prompt, efficient collection of debts is essential to maintaining a healthy cash flow, and serious financial problems can result when debtors delay or default on payment.

Weightmans' Debt Recovery service addresses these problems directly and provides highly cost-effective solutions based on proven methods and skilled procedures. Our fully trained, 40-strong team boasts an exceptional record of successful debt recovery in all sectors of the economy.

Our systems have been specially developed to make the process as simple and rapid as possible. As a client, all you need to do is instruct us electronically; this allows us to capture the data and produce a case plan immediately. Then our pre-litigation team conducts a detailed assessment of enforcement options and embarks on dynamic negotiations to secure payment without the delay and expense of litigation.

Achieving early settlement means we need only issue court proceedings in 20% of cases. These are effected via the County Court Bulk Centre in Northampton, which ensures an expedited service and a discount on court fees. We are expert in all forms of enforcement, and we have had particular success with charging orders and attachment of earnings orders.

We also have a specialised insolvency team, who progress appropriate matters from statutory demand through to the realisation of assets by our appointee as trustee in bankruptcy.

Our approach is professional, efficient and process-driven. We understand that there are different levels of sensitivity regarding collection methods, and we respond to your preferences and requirements at every stage.

Above all, we have a culture of constant improvement and dedication to client satisfaction. Data capture and prediction of percentages of debt collected are essential parts of our service, and our client reporting system has achieved an award for innovation.

"Extremely professional, amiable and friendly....."

Chambers 2007

 

 

Debt recovery

 

Client: Major UK unsecured lender.

 

Issue/Claim:

Our clients wished to improve the status of their unsecured book by obtaining charging orders in the County Court in order to secure high volumes of debt.

Weightmans’ Investigation and Action:

We set up a bulk service at discounted rates with the Land Registry, which could be operated via electronic instructions. In the process we established that the percentage of home ownership on referred cases was significantly higher than our clients’ own data suggested.

We then implemented a highly processed workflow system to expedite litigation, and trained six members of our clients’ team to deliver an efficient, quality service.

 

Result:

In twelve months, 1200 charging orders were obtained, securing over £10 million of our clients’ debt.

[bennieee]

^^ that does make interesting reading - my case started in July last year when a SD was handed to me - I got it set aside and am now nearly at a court date - pre trial checklists are due in next month so just waiting.

 

I really hope that it does go okay for you - I know that there have been times when it has felt so overwhelming and stressful.

 

bennieee

[spiritgirl59]

Hiya Hopeful1

 

Well I have had a good laugh, nearly choked and spashed my coffee all over the keyboard at reading this! They should be prosecuted under the Trades Description Act pmsl ...

 

 

 

 

Our fully trained, 40-strong team boasts an exceptional record of successful debt recovery in all sectors of the economy.

 

Our systems have been specially developed to make the process as simple and rapid as possible. (We don't do complicated!) As a client, all you need to do is instruct us electronically; this allows us to capture the data (read your email we mean, but this sounds a bit posher!) and produce a case plan immediately. (A scrap of paper with a name and number) Then our pre-litigation team (the spotty youth at the end desk playing Solitaire on his pc!)conducts a detailed assessment of enforcement options (makes a note of the name and phone number of who he's going to harrass) and embarks on dynamic negotiations (phones up and says pay up or else) to secure payment without the delay and expense of litigation.

Achieving early settlement means we need only issue court proceedings in 20% of cases. (but this percentage is likely to substantially increase now people are getting wised up to our tactics) These are effected via the County Court Bulk Centre in Northampton, which ensures an expedited service and a discount on court fees. We are expert in all forms of enforcement, and we have had particular success with charging orders and attachment of earnings orders. (John at the desk near the door got one of these last year and won Employee of the Month!)

We also have a specialised insolvency team, (the other spotty youth eating a McDonalds and listening to his Ipod!)who progress appropriate matters from statutory demand through to the realisation of assets by our appointee as trustee in bankruptcy. (dunno what this means but it sounds good so we will say it! LOL)

Our approach is professional, efficient and process-driven. We understand that there are different levels of sensitivity regarding collection methods, and we respond to your preferences and requirements at every stage.(Rude, Very Rude, Extremely Rude, and Downright Ruddy Ignorant!)

Above all, we have a culture of constant improvement and dedication to client satisfaction. (We are grabbing bar stewards with no scruples)

 

 

 

[Hopeful1]

SG - How funny are you?!! You have tickled me, thank goodness i didn't have a coffee in my hand :grin:

 

In short, it's a load of poop isn't it?

 

I'm not going to detail anything, but 1 of my complaint's has been acknowledged. It doesn't mean anything will happen i know, but it will be investigated, which is a good start.

[pt2537]

hey hopeful,

 

just to show that we do win a few cases

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/122389-1st-credit-ltd-summons-4.html#post1390340

 

thats one that i wrote the defence for and i have just had confirmation that 1st crud have given up

 

so im just trying to say,dont let the boogers get you down

[davey77]

subscribing..

[Hopeful1]

Paul - you really are so kind. Earlier i read a negative comment about the input given by site helpers / mods. I shall be posting your post as a example of just how much extra you put in.

 

Would you believe i have been slaving away on a report for the last 4 hours as i am a witness in a work tribunal soon, i now need to prepare for my little one's birthday (hanging ballons is far easier than report writing tho!). All i want to do is sleep

 

Hi Davey - thanks for subbing

[pt2537]

Thank you Hopeful

 

I just wanted to show that we can beat these unscrupulous DCAs and those who choose to be ignorant of the law

 

i am sure we can put together a defence for you, and from what i have seen i am sure that , providing you are coached the correct way you will have no problem taking this before the courts

 

keep a positive mind, worry about your kiddie as that is top priority, i have 2 myself and they come first over everything else

 

when you get to 7 days before your defence is due , please PM me and remind me, then i will fire up the lap top and draft out a defence for you

[Hopeful1]

Thank you again. I have read so many of your posts since joining this site, i have complete faith in you. I know it is down to me to ensure i understand it all and i'll do my best to present it correctly - i can but try. The underlying factor is they are in the wrong, i just need to show that!! I'll be fine and will certainly remember to PM you nearer the time

 

Anyway, where are those balloons...

[babybear39]

 

There ya go Balloons an' bears, what more could you want

[Hopeful1]

Hi ya BB - somehow i've missed your last post - but thank you for such a cute picture!

 

I just wanted to update. I received an acknowledgement last weekend from Weightmans regarding my 'undated letter' (tiredness had obviously got the better of me) that was requesting information (my CPR) - they are asking their client for the info. Not received anything as yet.

 

So, i shall wait a little longer, as my defence doesn't have to be in until the 19th.

 

[babybear39]

No worries and have a great weekend

 

*hugs*

[Hopeful1]

No worries and have a great weekend

 

*hugs*

 

You too!!

 

TS have written -they are not interested in complaint. They've said it needs to go to FSA but only once i've followed HFC's complaints procedure "to the letter". Oh well, whatever it takes

[babybear39]

It's a great shame that TS departments mostly ignore the fact that DCAs commit a criminal offence after non comp. of CCA request after the 12 + 2 + calendar month deadlines. Why they do this is a mystery

[pt2537]

It's a great shame that TS departments mostly ignore the fact that DCAs commit a criminal offence after non comp. of CCA request after the 12 + 2 + calendar month deadlines. Why they do this is a mystery

The most probable reason is funding, if they prosecuted every creditor who failed to comply with 77,78 & 79 then the cost would be massive and due to limited funding which Trading Standards get its simply not viable

 

however that said, always press your MP and push the issue with TS never accept their first decision, write in and complain if they fail to act in the first instance

[babybear39]

Always comes down to money, doesn't it

 

A good way of doing it would be for TS to collate all the complaints against various DCAs and prosecute en masse from a central fund.