Welcome / Hegarty LLP Claim Form

[postggj]

This is just me

 

The reclaim of all these fees and insurance crap, i myself would do in a counter claim

 

And tell hagarty of your intentions

 

But lets see what others advise first shall we?

[dx100uk]

does the penalties claim wipe the debt they are after

 

dx

[Jimmy Jangle]

As per your s/sheet, we're looking at £473.57 worth of "Add Hoc Fees", "Tel Call Fees", "Outside Call Fees", "DD Cancelled Fee", "Letter Fees", and "Fee Assessments".

 

With the same interest as per the agreement @ 58.77%, that comes to £5,567.29

 

So altogether the total comes to £6,040.86

 

They're claiming (read as grasping) £3,600 approx (inc costs + interest)

[dx100uk]

upto you then

i'd fire that off to them and say still wanna do court?

 

but if that's the correct thing to do

the more legally minded will advise

 

dx

[Jimmy Jangle]

I've got time; if anyone with any experience similar to this has any suggestions, I'm willing to listen!

[postggj]

We have time, lets give it a few days, you know what my opinion will be

[Jimmy Jangle]

CPR Part 18 Response attached - came through middle of last week..

[postggj]

The fact the account has been officially defaulted with the credit agencies negates that statement

 

You do have a copy of your credit file, just in case the decide to remove the default status on your credit file

 

WHEN IS THE DEFENCE NEEDED BY

[Jimmy Jangle]

Defence due date is July 7th as per the .png up top

[postggj]

I am more than happy to construct a defence for you to deliberate on

 

it will be up to you if you decide to use it or not

[Jimmy Jangle]

I would appreciate your effort Squaddie, thanks for your help.

[jjandbump]

Me to I think everyone needs to get together possibly try involve watchdog or something

[postggj]

Defence is due by the 7th July, please confirm

 

We have plenty of time to formulate a defence if correct

 

PLEASE CONFIRM THE DATE WHEM THE CLAIM WAS ISSUED AND CONFIRM IT IS OUT OF NORTHAMPTON

[Jimmy Jangle]

Issued May 7th from Northampton CCBC.

 

Defence timeframe extended to July 7th under CPR 15.5

[postggj]

No worries then

 

Please confirm you have sent a copy of the CPR 15.5 from Hagarty to the court confirming the extension agreement

 

Not saying to suck eggs, just being objective

[Jimmy Jangle]

Attached.

 

(Subject line not visible but did have details of claim number, claimant v defendant - outlook.com doesn't lend itself well to screencaps...)

[postggj]

[Jimmy Jangle]

OK, here's the POC verbatim (with my argument in red):

 

The Claimant claims for sums due under Fixed-Sum Loan Agreement(s) regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant.

 

The defendant admits that he did enter into an agreement in December 2006 with the Claimant.

 

The Defendant failed to pay the contractual instalments in compliance with the terms of the agreement(s).

 

The Defendant denies this, as payments were made for a higher amount than the agreed monthly sum on a monthly basis, as agreed with the Claimant, from 28/08/2008 through to the 28/01/2010. The defendant in total paid 5,097.64, and also received a refund of 1,544.55 for what the defendant perceived to be mis-sold Payment Protection Insurance (PPI), which was credited to the account balance. The Claimant advised the Defendant by way of returning the signed agreement to him, that in order to avail credit under the agreement, that it was mandatory to take the PPI. The Claimant has neglected to take note of the sum total credited to the account of 6642.19

 

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

 

I did receive a LBA from IND Ltd, but that was the first thing in 3 years, no notice of arrears or anything from Welcome, any ideas here?

 

And the claimant claims:

Personal Loan Account Number XXXXXX balance of 2,830.45 as of 29/4/10.

 

The amount detailed in the Claimant’s claim includes items such as 'Add Hoc' fees, Telephone Call Fees, Outside Call Fees, and Letter Fees which the Defendant believes are Penalty Fees, and as such, are disproportionate to the actual costs incurred by the Claimant when taking the relevant actions. These charges have then had interest applied to them at the contractual APR.Additionally the amount of each fee is higher than the amount given on the agreement signed by the Defendant in December 2006; at no point was the Defendant notified of any variation in charges by the Claimant. Upon cancelling the PPI which in the Defendant's view was mis-sold to him by the Claimant, the balance remaining should have been recalculated less the PPI premiums to be paid by the Defendant. Might need to trim the fat on this one, any ideas?

 

Interest under s69 of the County Court Act 1984 at a rate of 8% a year from 29/4/10 to 7/5/13 of 684.89 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.62 AND costs.

 

The Defendant denies that the Claimant is entitled to the sum claimed, or any associated interest, as under the signed agreement, the sum total of the loan was £5,614.20 - payments over 36 months of £155.95; the sum total paid and credited to the account was 6642.19. Additionally, the Claimant failed to restructure the agreement once the mis-sold PPI was removed, am I right also, that by the looks of the agreement, the PPI is a charge for credit and therefore that also makes the agreement unenforceable?

 

Hope this is enough to work on?

[postggj]

Needs a little bit of work but hats off to you for trying

 

ITS VERY GOOD BUT WE NEED TO CONCENTRATE ON AREAS CONNECTED TO YOUR OWN CIRCUMSTANCES

 

It is most important that people understand their own defence

 

If the judge asks for clarification on an issue, and you cant answer him, Egg well and truly on face

 

We still have time:|

[jjandbump]

wow you are very good at that x

[Jimmy Jangle]

I see what you mean, but I'm not quite 100% sure what I base it on:

 

1. Do I go for them over the PPI, and the likelihood that it renders the agreement unenforceable?

2. That I paid over £6k (including the PPI refund) and the amount claimed is all fees and interest from them?

 

I know I've got time, but will it give Hegartys the impression that I'm struggling to find a defence? I'd like to give them the impression that I will be ready to (figuratively speaking) rip Welcome's throat out!!

[postggj]

The only time an agreement will be unenforceable is if the fees such as acceptance fee, charges for credit have been allocated to the amount of credit etc. Wilson V FCT

 

The regulations changed for agreements post April 2007 as to section 127(3) of the CCA 1974 were removed. Your agreement is prior to April 2007 so it is OK

 

I myself am still running the numbers on the agreement to give you my own opinion as to its enforceability

 

The PPI etc is a factor, that's why i requested the copies of a Statement of means and Statement of price

 

Forget Hagarty, concentrate on you.

 

Hagarty will leave things to the last minute and it is a show of strength, not weakness

[Jimmy Jangle]

OK, should I do a rule 18 request for those things also? Anything else I haven't asked for too?

[postggj]

Yes

 

But have a look through the forum on part 18 requests

 

They have to be precise and to the point and have to be done in a certain way

 

Post up a draft copy when you are ready so we can go over it to comment on

[Jimmy Jangle]

IN THE Northampton

county court (Bulk Centre)

 

CLAIM NO:

 

BETWEEN:

 

WELCOME FINANCIAL SERVICES LTD [Claimant]

and

 

xxxxxxxxxxxxxxxxxxxxxxxxx x

 

PART 18 - REQUEST FOR FURTHER INFORMATION

To: WELCOME FINANCIAL SERVICES LTD (claimant)

　

 

Please answer the following questions:

 

1. Please provide a copy of the Defendant's agrement to the refund of the PPI to the value of £1,544.55, which took place in January 2010.

 

2. Please provide copies of the Statement of Means AND Statement of Price, in respect to the PPI policy taken out by the Defendant.

 

3. Please provide a detailed breakdown costs incurred and how the Claimant came to charge the amounts given on the statement for the following: Add-Hoc Fees, Telephone Fees, Outside Call Fees, Letter Fees, and what interest has been charged on these fees.

 

TAKE NOTICETHAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

[EDIT - ignore as can't request docs with a pt18 request - thanks andyorch]

Edited June 25, 2013 by Jimmy Jangle