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


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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?.

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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

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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.

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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

We could do with some help from you.

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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.

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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.

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 OTHERS

 

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

 

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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

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