Welcome / Hegarty LLP Claim Form

[Ganymede]

Yes....Particularly always in SCT...not so much Fast Track

 

Oh yes I forgot this was a small claims matter. Sorry for any confusion.

[Jimmy Jangle]

**UPDATE**

 

Made arrangements to pay £80 per month under a Tomlin Order.

 

Not the best outcome, but I figured I can afford that, and my defence, though was solid enough IMO, may not have been successful. At least this way I'm avoiding the CCJ and paying less in the long run than if I was unfortunate enough to get hit with interest/costs etc..

 

Thanks to all involved!

[AndyOrch]

Providing you are happy with the outcome Jimmy...and you have avoided a potential CCJ and further costs...I would regard that as a satisfactory outcome.

 

Well done ..thread title amended to reflect the outcome.

 

Regards

 

Andy

[obiter dictum]

Nice outcome but £80.00 a month is a lot

 

What happens if you lose your job, sick etc as with a Tomlin order you are admitting the debt. They can go straight for a CCJ judgement if you default on payments

 

I have a Tomlin Order myself and pay £1.00 per week due to me being on disability benefits

 

I am not criticizing as you made the decision on what is best for you and your circumstances at the time to avoid a CCJ like i did

 

The only advice i will give is try and put a bit of money away each month just in-case an unexpected event in your life happens

 

I am glad it all worked out though

[AndyOrch]

" What happens if you lose your job, sick etc as with a Tomlin order you are admitting the debt. They can go straight for a CCJ judgement if you default on payments "

 

No your not.... you agreeing to a settlement to avoid further litigation.....

 

Again not necessarily...depends on the terms of the schedule and if the claimant has drafted that as a term.

 

Andy

[obiter dictum]

Good point, i will dig out the stipulations in my own Tomlin Order

 

I naturally assumed they were all similar but proved to be in error

 

Many thanks

[AndyOrch]

Every Tomlin Order is drafted uniquely to the requirements of the claimant....(and defendant in some instances)

[obiter dictum]

This is my Tomlin Order for comparison

 

 

 

i) The Defendant shall pay to the Claimant the sum of £xxxxxx in full and final settlement.

 

ii) The amount stated in Paragraph (i) of this Order will be paid to the

Claimant by the Defendant by way of consecutive weekly instalments of £1.00. The first installment will be paid by xx xxxx 2015.

 

Should the Defendant default either as to the time or value of payments, the Claimant will send a letter to the Defendant requiring him to pay the arrears within seven days, failing which the Claimant will be at liberty to request Judgment against the Defendant for the sum claimed together with their costs incurred, less any payments made.

[dx100uk]

now time to visit getting the PPI sorted properly?

and those charges?

 

 

dx

[Jimmy Jangle]

now time to visit getting the PPI sorted properly?

and those charges?

 

 

dx

 

I think the PPI was pretty much sorted tbh. Looks like charges would be the way to go. But how to go about it?

[dx100uk]

put these in the spready

 

add hoc fee

telephone call fees

outside call fee

fees refund [make sure you put it in as a - [minus figure] put a - first]

dd cancel fee

letter fee

fee assessment

 

enter everyone with its date

 

...use this spread

 

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

put their int rate in cell d15

 

58.77%

 

me thinks you owe NOWT

 

 

did you do this?

 

 

dx

[Jimmy Jangle]

How's this?

Welcome CISheet v101.xls

[dx100uk]

you need to findout the date welcome closed/sold the account

or more importantly when they stopped charging their interest

and set the claim to date to that.

 

 

on the refund/reversal [ie anything they gave you back]

delete anything in the compound int col for that row/entry [ie the minus figure]

[Jimmy Jangle]

Next attempt. Nothing further was added to account after Jan 2011.

 

I should also mention that the Tomlin Order is actually for the balance of £3300.45. Less the initial £2785.93 from the statements I got (when the interest stopped)

- that means they added £514.52 when they tried to file the CCJ..

 

 

. Should we take that into account also?

(It's now been 12 months and I've paid £960 off so far. So anything would be ideal)

 

More accurately:

Statement balance ended on £2,785.93

- 02/01/2011 LBA advised balance £2,830.45

- 18/04/2013 - £44.52 had been added.

 

 

Claim form advised £2,830.45 (as of 29/4/10, plus interest under s69 @ 8% per year = £684.89) = £3,515.34. Arses, aren't they?

Welcome CISheet v101 - online copy.xls

[AndyOrch]

Jimmy I would be checking the terms of your schedule in your Tomlin Order before you go poking the bear further.

 

 

Andy

[Jimmy Jangle]

Jimmy I would be checking the terms of your schedule in your Tomlin Order before you go poking the bear further.

 

 

Andy

 

"UPON the parties having reached a settlement in relation to this matter.

 

BY CONSENT and upon the terms of the settlement set out in the schedule attached to this order.

 

It is ordered that

 

1. All further proceedings in this action be stayed upon the terms set out in the Schedule attached to this order, save that the parties be at liberty to bring such terms into effect;

 

2. The Defendant to pay the cost of £50.00 being the cost of the application.

 

SCHEDULE

 

1. The Defendant do pay the Claimant the sum of £3300.45 in full and final settlement of the Claimant’s claim by way of monthly instalments.

 

2. Monthly instalments of £80.00 to be made on or before the 1st of every month. The first payment to be made on or before 4pm on the 1 AUGUST 2015. Payments to be made until such time that the balance has been cleared.

 

3. If the Defendant does default on any of the payments detailed in paragraphs 1 and 2 above, the Claimant shall be entitled to apply to lift the stay and request Judgment for the debt balance of £3300.45, less any amount paid in accordance with paragraphs 1 and 2 of this Order. The Defendant to pay the costs of any application made in accordance of paragraph 3.

 

4. Upon payment of the said sum of £3300.45, the Claimant agrees that the Defendant is released from its debt owing to the Claimant."

 

As long as I'm making the agreed payments on time each month, surely I can poke them?

[AndyOrch]

Possibly but hold your mouse over the red full and final above...and read the prompt.

[Jimmy Jangle]

Back again!

 

In a bit of a bind as didn't really have long left on this until it was settled.

 

Early November I received a letter from Welcome advising that the PPI payment I'd received wasn't enough (the usual about it not putting my account into a position had I never taken PPI). I sent back the response and they credited £550.31 into my bank.

 

While this was going on I (either stupidly or brazenly) withheld payments under the Tomlin order, thinking that IND perhaps were aware of this.

They (more than likely) weren't.

 

Middle of last week I find a Judgment for Claimant (acceptance) for the remaining £850.45.

 

Just wondering what options I have here.

Do I have any recourse considering that the amount they are chasing may still be based (to a degree) on that amount that Welcome have since refunded back to me?

Can I write to the court to advise that there was no acceptance and I didn't advise any amount?

 

At some point I will be going back after them for all the stupid unlawful charges they threw at the account

- that's the reason why I've paid virtually 3 times over the original amount loaned to me.

I just wanted this out of the way before I went back at them, now this

- which granted, is my own fault for not continuing the payments.

 

As always, any help/advice would be appreciated!

Edited December 10, 2018 by dx100uk
spacing

[AndyOrch]

Never stop payments on a Tomlin Order.....does the judgment state a pay by date ?

 

Hope you didnt spend all the refund and put it away for this rainy day ?

 

 

Andy

 

Thread moved back to Financial Legal Issues Forum

[Jimmy Jangle]

Hindsight is a wonderful thing...

 

Only one word.

 

Forthwith.

 

N245 is it then?

[AndyOrch]

Afraid so

[dx100uk]

should not the outstanding balance be reduced by the sum refunded?

 

as else you'll be paying that ppi back again as its still on the judgement?

[Jimmy Jangle]

If that's the case, then any advice on what to do about it would be welcome!

 

Should I contact IND and advise them that Welcome made a payment and they have to revise the amount?

[AndyOrch]

PPI is with Welcome and the Judgment is with IND......no connection...this is what happens when you mix claim threads with PPI advice

[Jimmy Jangle]

Even though the Claimant was originally Welcome?