hfo

[vanessa82]

its come from my local county court and dated 1.2.2011

[DonkeyB]

Call them and find out what’s going on. Your set aside app should be with them by now, and that will forestall any enforcement activity.

[broken arrow]

Hot_pipe do you need any help?

[DonkeyB]

Bart123, have you got yourself another ID? Naughty.

[vanessa82]

rang london court once and local court twice today now ,no flipping answer from both! try again tomoro!

[dadofholly]

Ring just after 10 if you can - they usually open at ten.

[vanessa82]

cheques been cashed for set aside,will ringthe court later!

[DonkeyB]

In which case enforcement action must be suspended - make sure the court understands this!

[broken arrow]

Things could move fairly fast now Vanessa.......

[vanessa82]

does anyone have any idea what to expect in a set aside hearign?

also whats the cpr letter that i can send to welcome as want to try them again to see if i can get them to confirm that it was sold in 2007

[Bazooka Boo]

Have a look through this Vanessa;

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm

It might be 31.14 or 31.16....??

[broken arrow]

You could try a phone call and ask for confirmation in writing.

At the set aside hearing the judge will consider your reasons for a set aside and if they are represented, listen to their argument why it should,nt be set aside, the Judge will then make a decision and give any directions.

[broken arrow]

As Wecome are not a party to the proceedings, I think CPR31.17 applies.

I will be going over your thread today to see where we are.

[DonkeyB]

Bang on BA - a 31.17 request will perk them up a bit, but it needs to be done properly. Welcome are rubbish with their record keeping - this will force them to admit what info they have and don't have. It will highlight which docs have had the Blue Peter treatment. I think a 'polite' first letter threatening 31.17 may be the best way forward.

[dadofholly]

Have to be honest - polite does not work with Welcome - they are the lending version of HFO when it comes to co-operation and honesty.

 

Though they do slip up - so may be worth a try - and they usually reply within approx 14 days.

 

What you may need to consider Vannessa - and is something i regret not doing - is hitting them with a formal 31.17 through the courts. It opens them up to a completley different ball game if they continue with their game playing.

[vanessa82]

Have to be honest - polite does not work with Welcome - they are the lending version of HFO when it comes to co-operation and honesty.

 

Though they do slip up - so may be worth a try - and they usually reply within approx 14 days.

 

What you may need to consider Vannessa - and is something i regret not doing - is hitting them with a formal 31.17 through the courts. It opens them up to a completley different ball game if they continue with their game playing.

 

how do I do cpr through the court for welcome?

[broken arrow]

as donkey states

 

I think a 'polite' first letter threatening 31.17 may be the best way forward.

[dadofholly]

Am actually going to retract my advice on trying the polite letter. The slip ups they made were before we sent the CPR 31.17 threat - once you threaten anything legal they come back with nonsense - time wasting - delaying tactics. In the end you run out of time, (as we have - but luckily have enough other stuff).

 

She already has a complaint into the ICO about them as they still not provided her with some info. Just yesterday had a reply from them again referring us to HFO.

 

My advice - based on dealing with this mob both through this claim - and a claim i have of my own against them - is use the Court route. A read through the Welcome Forums will tell you all you need to know about this mob.

[broken arrow]

Have read back through the thread and there are a few things maybe for the future.

 

First a polite letter to Welcome requesting further info on when and who sold to, threatening use of CPR 31.17 if not complied with.

 

Draft a defence for the set aside hearing.

 

Maybe draft order for directions to obtain a copy of the Deed between Welcome and HFO and anything else you require, you can give this to the Judge if you get the set aside.

[broken arrow]

Vanessa, I have PM,d you.

[dadofholly]

Below is what a CPR 31.17 actually is. If you do write to them threatening one give then 14 days to respond Be specific in what you want from them. We sent a total of 3 letters - even pointing out areas where they may have commited an offence by selling the debt to a company without a CCL. Even copying in senior members of their complaints and legal teams, but just pages of nonsense back in reply.

 

If you decide to issue one you will need form N244 and the rules state that you must provide evidence in support of your claim. (Is it who they have sold the debt to?)

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm#IDALJ1EC

[broken arrow]

I think thats why a letter before action is needed, before doing the CPR 31.17.

Edited February 4, 2011 by broken arrow

[dadofholly]

I think thats why a letter before action is needed, before doing the CPR 31.17.

 

Good point - in that case i would call it just that.

[broken arrow]

I think thats why a letter before action is needed, before doing the CPR 31.17.

and it does,nt need to be polite.

[DonkeyB]

H(FO)ello guests.