I received a claim form from Welcome Financial via Hegarty LLP Peterborough

[Donny909]

I hope this is the right section as a first time poster I'm a little unsure. Been refered here by the moneysavingexpert site as posts there suggest better respone will be gained here.

 

To put things in terms here goes:

 

Firstly She has recently received 2 letters from a company called Tower Invertigations asking a person of the same surname as my mum (but someone else of the first name) to contact them about an investigation. My mum contacted me to ask about it as she is always unsure about such things. I done some research and said ignore as it's almost certainly a [problem] of sorts and they are probably blanket sending to a lot of people in the area with the same surname to locate a certain person.

 

But today she gets a letter from a company called Global Debt Recovery Ltd which are saying there is a debt traced to the same person (as in the previous 2 letters) there. It just gives an account number and something along the lines of to contact them or futher action will be taken and something about baillifts or something being sent round.

 

Research says again it's kind of the same company chasing up expired\about to expire old debts and possably using public\credit referance check details etc to find addresses with the same surname and sending out intimidating letters in the hope of finding the person they are looking for.

 

Now the name on the letter is 100% not living there for as long as my mum has had the place. She even phoned the council and they confirm the person they are looking for is not regested as living there. But my mum is concerned that this latest letter may end up getting her and or the address blacklisted and her not able to get credit etc when she has spent years repairing and building up a fairly decent rating.

 

My original thought was to tell her to ignore it. But are my mums concerns about the address getting blacklisted valid I wander?. Can a company chasing an apparent debt of a person get a court judgement against my mum and or the address?. Can they send debt collectors round and harrass her?. Or as I think can they do nothing as there is no way they can ever get or prove a person that they are looking for lives there as they never have while my mum has been there?.

 

The next info is as follows:

 

my mum has just got off the phone with me somewhat upset. As it seems that about the time of this last letter she has also had about 3 or 4 calls (today being the forth I think) asking for the same person in the letter and when being told there is no such person there then asking for another person. They then again ask my mum for the original person as in the letter claiming they must be there as it's there (the asked for person) phone number. It's been the same call each time my mum informs me. But the number is witheld each time

 

But here is the thing, there is no way from what we can tell(assuming it's connected) they could have got my mums phone number as it's modile on payg.

 

Latest, today (5-09-10)

 

My mum has had another letter from this even more dodgy looking firm. And more fool her she responds and phones them!!!.

 

The letter has the following details as I can confirm as I have a scanned copy of there letter.

 

Dr Mr xxx

Client Welcome Financial Services Ltd

Debt due £53xx.xx

 

Your name is regestered as non paying on a recorded debt.

 

To clear your address now telephone us (thats right clear your address not debt) etc, etc.

 

And it finishes with: It is our intentions (and I know that word myself means nothing as such) to issue proceedings withing 10 days of the date of this letter.

 

There is then a direct bedit thing at the bottom of the scanned letter I have to pay either in full or via monthly rates.

 

So she calles them and as repeated by my mum here is how it went:

 

They insist the person in question lives there, and confirm to my mum they have her mobile phone number and thats is how they found her as it was a contract phone regestered is the persons name they are looking for. Yet no it is NOT, I bought that phone for my mum new never used on a PAYG basis and it has never been used as a contract phone.

 

They then state the persons name (they are looking for), dads name and apparent previous address they lived at. And insint they live where my mum lives and she has to clear the debt. And if she dont they have pretty much insinuated they will blacklsit the address so she will never get credit again. They then pretty much call my mum a liar at which point she hangs up.

 

But this is all doing my mums head in and she dont feel happy that she had to be made like she has another persons debt loaded on her and has to pat upon the threat of court action or having her address blacklisted.

 

Please, any advice from fellow members?

[dadofholly]

Firstly assure you mum - addresses can not be blacklisted. An entry with a credit reference agencey can only be made against individuals. That said it would be worth getting a copy of her credit files from both experian and equifax. They cost £2 each and can now be done online, or posted to her if you prefer.

 

Just to see if they have made any entries or links to this other name.

 

Secondly - has your Mum EVER had any dealings with Welcome Finance?

 

You say your mum has also been receiving phone calls - is this from the debt collectors or Welcome Finance?

[Donny909]

Thanks for the reply fellow member, nope she has never had any dealings with Welcome Finance and never heard off them. This debt firm is the first she has heard about anything. Yet they have funny enough managed to get a PAYG mobile phone number from somewhere. yet even I know this has not really been regestered anywhere.

[dadofholly]

Ok first thing to do is to stop the phone calls.

 

use the following letter template and send it to the Debt Collection Agencey that keeps phoning her - preferably by recorded delivery.

 

It will not hurt for speed purposes to also send it via email - you may be able to do this via their website. I have done this myself and usually works - but send one in the post either way

 

Here is the template.

 

ADDRESS OF DEBT COLLECTING AGENCY

 

Account/Ref No. :

 

I DO NOT ACKNOWLEDGE THIS DEBT

 

Dear Sir or Madam

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours Faithfully

 

PRINT YOUR NAME (Do Not Sign It)

 

If they phone again tell her just to hang up on them. If they continue to call after they have received the letter they are breaking the law - call the police and report them.

[silverfox1961]

Hi,

As well as the letter above I would state in very simple terms (the poor dears don't understand big words):

 

This is not my debt

I have never had a debt with Welscum

You are chasing the wrong person

Continue chasing at your peril

You will report them to any rlevant authority you feel is appropriate.

 

I would also point out to them you are fully aware of this:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Look at 2.8

[dadofholly]

Next thing to do is send them what is basicly a prove it letter.

 

Again use the following letter template.

 

YOUR ADDRESS

 

Debt Collection Agencies Address

Dear Sir/Madam

 

Ref: xxxxxxxxxxx

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that we have no knowledge of any such debt being owed to Welcome Finance.

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

 

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

We look forward to your reply.

 

Yours faithfully

PRINT YOUR NAME (do not sign)

[dadofholly]

Re-assure you mum these cretins can not blacklist her address or send round bailiffs.

 

Bailiffs can only be used if a County Court Judgement has been issued - and even then its not easy for them to take things that far.

 

If your mum does not own the debt there is NOTHING they can do to get the money - imagine the scene in the County Court - they claim a lady by a certain name owes the debt - your mum says thats not her and she can prove it. End of case.

 

These low life debt collectors will lie and mislead and try to intimidate. there is no need to be scared of them.

 

Print off the OFT guidlines from the link in silverfoxes post - may help put your mums mind at ease.

 

If they still try to pursue the debt come back here and people can help take it to the next stage.

 

THE DEBT IS NOT OWED YOU HAVE NOTHING TO FEAR.

[dadofholly]

With reference your mums telephone number it may be worth complaining to the information Commisionaire.

 

link is here.

 

http://www.ico.gov.uk/complaints.aspx

[Donny909]

Thanks for all the information and support. I'll be contacting my mum just now to reasure her whats been said with reguards to what they are claiming they will do.

 

Then I'm going to sort out the letters, read them to my mum over the phone and then on her behalf send them off .

 

But strictly speaking they have possably made a mistake is stating the company the debt is owed to and to give the address and names that the debt was regestered to at the time?. Basically they have stated personal details about the persons debt, there apparent previous address and family names. Surely they have also broken the DPA in giving details out to my mum about the person like that?.

[Revenant]

Hi Donny

This is the email address for the Sales Manager that comes up via the contact us link on Globals web page

[email protected]

 

Good luck

R

[Donny909]

Not to sure of the exact details of this as it may go back several years.

 

I today received a claim form from a firm called Hegarty LLP based in Peterborough on behalf of a company called Welcome Financial Services (funny that the letter is dated 5 days ago yet it's sent first class).

 

 

It seems to be to do with some finance agreement or loan.

But I'm unsure as I have never had any dealings with this Welcome Financial Services at any time over any matter let alone this matter.

 

 

I did have some letter from 1 firm or another a few weeks ago regarding this or a similar matter with Welcome Financial but simply binned it as junk mail as I know full well it's nothing to do with me.

 

 

Only today this claim form turns up from a firm called Hegarty LLP in Peterborough that seems to be some kind of online county court claim!.

 

 

It is in my name but I know it's not me because as I said I've never had any dealings with Welcome Financial.

So it's either someone else with the same name or a con, I just don't know and can't find out!.

 

Now here is the funny, well strange thing.

Something similar with regards to this Welcome Financial happened a number of years ago.

A similar claim with regards to what I assume was either a finance or loan agreement to a person, not me but with the same name at an address we lived at back then.

 

 

I phoned, written and disputed that they had the wrong person and it was nothing to do with me

even though they mentioned a previous address to that that I lived at and seemed to know details about my dad (who had died several years ago).

 

 

When I disputed things then and asked for proof (which they never provided as they couldn't seeing as it's a DPA issue if they cant prove they do indeed have the correct person they are looking for etc)

which they never provided but they never got back to me as I assumed they looked harder and found the correct person they were looking for and now this claim.

 

I'm unsure of any of the details but if it's to do with what it was claimed last time (from what I can remember) it was a financial agreement or loan from several years ago a person with the same name as me or in my name took out,

 

 

probably about early 2007 but unsure as this claim form gives very little details as such with regards to exactly what it relates to (barring the amount asked for being nearly £6200) and dates in question etc.

 

 

But there is a form\response pack included that they are asking me to fill in information for and send back. But I'm totally unsure of how to respond to this now.

 

This claim is 100% nothing to do with me so I certainly don't want to give them any details that I don't have to,

why should I it's not me they want?.

 

 

how do I go about disputing this when I know nothing about it and they are asking for me to complete the acknowledgment of service thing?. I cant give them details when I know nothing about it. So is there any advice on how best to respond on this issue, thanks?.

[AndyOrch]

Hi Donny

 

Ok firstly you must deal with this claim irrespective of mistaken identity otherwise it will keep escalating.So lets treat it as if it was you for now.

 

You have 33 days in total (5 deemed served) so 28 (14 days to Acknowledge Service and state you intend to defend and a further 14 days to submit a defence/application (whichever appropriate).

 

If you could post up details of their particulars (the Claim ) verbatim and the date of the summons.

 

Have you checked your credit reference files to see if Welcome have placed a default?

 

Regards

 

Andy

[Donny909]

Hiya, well the particulars of the claim is as follows:

 

 

 

The Claimant claims for the sums due under a/various Credit Agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant.

 

 

The agreement(s) failure to comply with the terms of the Agreement(s).

The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

 

And the Claimants Claims:

Personal Loan Account Number 249XXXX balance of 5,324.77 as of 5/12/11.

 

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 5/12/11 to 14/3/13 of 542.69 and also interest at

the same rate up to the date of judgment or earlier payment at a daily rate of 1.17 AND costs.

 

 

So as you can see it does't actually detail anything there, it just relates to the money they are wanting.

[AndyOrch]

You can request information via CPR 31.14 for the documents they refer to within the particulars:- marked in red.

 

The Claimant claims for the sums due under

a/various Credit Agreement(s) related only

to money regulated by the Consumer Credit

Act 1974 entered into between the Claimant

and the Defendant. The agreement(s)

failure to comply with the terms of the

Agreement(s). The Claimant complied with

Section III and IV and Annex B of the PD

Pre-Action Conduct.

And the Claimants Claims:

Personal Loan Account Number 249XXXX

balance of 5,324.77 as of 5/12/11.

interest under s69 of the county court Act

1984 at the rate of 8% a year from 5/12/11

to 14/3/13 of 542.69 and also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of 1.17

AND costs.

 

Failure to comply is another way of saying you defaulted and therefore they must have issued a Default Notice.

 

Send the request asap and recorded delivery...print name no signatures.

 

You can also request separately a copy of the agreement by way of a section 77 request..again recorded delivery no sig.

 

They can decline to comply with the CPR request but not the section 77.

 

Links are in the templates library.

 

Regards

 

Andy

[Donny909]

But am I missing something,

I have never had dealings with them so how can they provide me with the details of what it is beyond the sums which would assumingly have to detail names & addresses bank details etc if it's not me?.

 

 

Would I have to admit to being the person who had dealings with them to get that information, could that be used against me?.

 

 

If they do and it's someone elses details is that not a breach of the DPA?.

 

 

As I'm 100% positive it's not me they want and nothing to do with me why cant I legally ignore this as another persons debts cant legally be tied to me in a court?, it seems crazy to me all this, like a form of legalised fraud.

[AndyOrch]

As far as they and a court is concerned at this moment in time it is you...you have to prove otherwise....by way of getting them to disclose and submitting a defence.

 

By all means ignore it but you will have CCJ against you for 6 years with possible enforcement action to follow...follow the process and prove otherwise.

[Alloyz1]

Donny

 

As Andy states, it makes no difference whether it is you or not. You must reply/ address the matter within the stipulated timescales i.e. acknowledge service, defend all claim (if that is the course you are taking) submit defense (only in relation to their claim- nothing else i.e. admit or deny the various aspects of their claim). If it is not you, the documents you request under the cpr 31.14 will show that?

 

Like it or not, you have been entered into a legal process and you must follow it to avoid judgement against you.

 

Up to you but Andy does know what he is talking about.

 

A