Welcome & HFO Services

[dadofholly]

So in point 15

 

i can put in a request (d) for this assignment details

 

do you care to write out a few sentance for me to put in on that point for disclosure

 

They may claim that they have already issued me with an NOA - which is true.

 

The question seems to be if it is a valid copy of the original.

[postggj]

we will just wait for donkeys imput and then the defence is ready

[dadofholly]

we will just wait for donkeys imput and then the defence is ready

 

Ok no probs

[DonkeyB]

I don't think the issues I've raised add to the defence until any related documents are requested or received.

 

The key things still needed are:

 

1. Info from Welcome regarding the actual sale date and who it was sold to. I note they wrote the account off in August 2007, but apparently did not sell in on until Feb 08. Most odd.

 

2. Copy of the original Default Notice. Although it isn't mentioned in the PoC, CPR 18 should be used to request it. It is central to their claim, as you point out in the defence. Their own DN is irrelevant, and is frankly laughable.

 

3. Sight of the Deed of Assignment/Sale Agreement between HFO and Welcome. This should have been requested under CPR 31 as it was referred to in the PoC. If this hasn't been requested, do it now!

 

Apologies to VJ and BA - they suggested getting these docs earlier in the thread.

 

I think you have worded the section about interest very well. It's clear from their PoC that they have taken the 12% figure from their own T&Cs, which were stated in their own default notice. Again, unless there is reference in the original enforceable contract to 12% interest being claimed by anyone after termination, they can whistle. It's just nonsense, but you have to refute their claim and put them to strict proof af any entitlement to 12% interest.

 

What may be worth doing is getting the request in to HFO for sight of the deed under CPR 31, and adding to the defence the fact that this has been requested but not supplied. I doubt they will want us to see it, but it is dadofholly's right to view it within 7 days of a request.

 

Dadofholly, have you tried calling Welcome to ask for details of when and to whom the account was sold? Experience tells us that the claimant has a poor history in respect of accuracy regarding assignment, so this is worth pursuing by any means possible.

Edited September 16, 2010 by DonkeyB

[postggj]

thanks for the clarification donkey

 

ime on it now

[DonkeyB]

Hi Donkey

 

Thanks for your input.

 

I am as we speak awaiting a response from certain parties regarding the original sale of the debt, and any associated NOA's.

 

Unfortunatley this may take a bit more time yet. I think it may be best to issue defence as is - and add other info - such as issues that may arise with the NOA and with evidence of breaches of the DPA - at a later date, if needed.

 

Any further evidence will be used for complaints - and possible action, even if we win the case hands down. I am in total agreement with you in regards to further exposing their actions.

 

The NoA issue is a weak one. DCAs and debt buyers are allowed to send out NoAs on behalf of the original lender, but they MUST be accurate. Inaccuracy is fatal!

 

Did they actually send you an NoA when it was supposedly issued, in 2008, or simply make it up to suit their case when they finally got round to pestering you this year? Usually they swear blind they sent it when they bought the debt, but that simply is not true. They buy the accounts in tranches and often take years to get round to doing anything about them, then they simply backdate the letters they supposedly sent.

 

A good trick is to see if the logo they used for Welcome was actually the one in use in 2008. VJohn stuffed HFO and Barclaycard over this kind of, er, 'reconstruction'.

 

But please make sure you DO follow through on the complaints!

[postggj]

Thats the defence now done

 

send to the court and copies to the sols

 

dont forget and mark the exhibits a,b,c,d and e

 

send by recorded/special delivery

Edited September 16, 2010 by postggj

[postggj]

Its going to be interesting if no noa is in the sar from welcome

[DonkeyB]

Its going to be interesting if no noa is in the sar from welcome

 

HFO are probably busy printing one out for them

[dadofholly]

Ok then guys

 

So are we agreed that the final draft looks ok?

 

I am going to start getting it prepared ready for sending early next week. So any comments and last minute alterations need to be picked up over the weekend latest.

 

Thanks for all your inputs - and to post for putting the defence together - lets see what they make of it.

[postggj]

They will not be happy

 

if they expected a walk in the park

 

think again

[dadofholly]

They will not be happy

 

if they expected a walk in the park

 

think again

 

Ah bless them - HFO being such an honest - ethical - and pillar of the the debt collecting industry too.

[dadofholly]

Did they actually send you an NoA when it was supposedly issued, in 2008, or simply make it up to suit their case when they finally got round to pestering you this year?

 

What do you think? I bet you already knew the answer to that one

 

A good trick is to see if the logo they used for Welcome was actually the one in use in 2008.

 

It was the logo that first made me smell a rat - that and the fact it was signed cattles and not welcome.

 

Welecome have always signed everything i have ever received from them as Welcome not Cattles. If that NOA turns out to be genuine i am going to buy one of them Rolex watches for 10 euros next time im on holiday.

[geee]

What do you think? I bet you already knew the answer to that one

 

 

 

It was the logo that first made me smell a rat - that and the fact it was signed cattles and not welcome.

 

Welecome have always signed everything i have ever received from them as Welcome not Cattles. If that NOA turns out to be genuine i am going to buy one of them Rolex watches for 10 euros next time im on holiday.

 

wrong thread sorry...

Edited September 17, 2010 by geee

[broken arrow]

geee I have sent a PM:wink:

[postggj]

This could be interesting

 

anything at the moment on these noa from hfo have all ears at the moment

[dadofholly]

Not required

Edited September 17, 2010 by dadofholly
Info not required

[postggj]

We do nothing now

 

hfo have to release the info requested

 

any future info will be included in a witness statement and court bundle

 

just send the defence and exhibits to the court and the sols

 

then

 

sit back and relax

 

 

slowly slowly catchy monkey

[dadofholly]

Not required

Edited September 17, 2010 by dadofholly
Info not required

[postggj]

Sending pm

[sillygirl1]

Stop worrying, even though you have got what might be the original documentation the request merely asks for the same, will prove then if they 'reconstituted' the stuff sent to you to substantiate their legality over the claim.

[dadofholly]

Stop worrying, even though you have got what might be the original documentation the request merely asks for the same, will prove then if they 'reconstituted' the stuff sent to you to substantiate their legality over the claim.

 

Thanks

 

Have just had info saying much the same thing.

[dadofholly]

Defence now sent - lets see what comes back.

[postggj]

Ime gagging to see what crap they send back

 

send them a song

 

run for the hills

[dadofholly]

Ime gagging to see what crap they send back

 

send them a song

 

run for the hills

 

As soon as they come back with anything i will let you know.