Welcome finance and court claim from Hegarty LLP then IND***Claim Dismissed with Costs***

[jjandbump]

I am so angry. bank holiday ruined by Welcome.

 

My husband took a loan out with welcome in 2006, we borrowed a little more in 2008, however we paid this off about 3 or 4 months later, in full when we sold our car.

 

We have recieved letters from IND and welcome saying they are chasing the money, following the letters i wrote to them asking why they hadnt marked an account as settled from 2008!

We also wrote to them a year ago about PPI and they said he had none, there letters now say we did. They also said that there is copy agreeemnts and letters that we have apparantly sent in the mean time. none of which were included.

 

i am not happy at all as we are trying to get a mortage through and they are claiming they are putting him in court. I cant beleieve that a company like welcome would regiser a default in 2009 and not chase until 2013.

 

also i know this was paid off in 2008. but the credit files say default 2009.

 

i am at a little loss, what do you do.

 

Thank you all. x

[Bazooka Boo]

Ah good old Welscum up to their usual customer care service.

 

Well the good news is, that if you fail to get a mortgage because of this default incorrectly being placed on your credit files, then you will be able to sue them for defamation and claim substantial damages IF they fail to remove the incorrect data. However if you threaten them with legal action you MUST carry it out.

 

Have you the proof that you paid this off in full?

 

I would firstly write, never phone them, and provide them with this proof that the account was paid in full, and tell them to remove the incorrect data from your file.

Also raise a query with the credit ref agency and inform them that they are allowing incorrect data to be processed on your file and they too should remove it.

 

To find out if you did have PPI on the account, then a SAR (encl £10 Statutory fee) sent to Welscum for all the information they hold on you regarding this account will flag it up, hopefully.

 

Others will be able to give you better advice regarding these...

[jjandbump]

once again i have written and they have sent me back a letter, with no copies of agreements.

 

its terrible, i do not know what is going on.

 

personally i think they know something is not right as before they said we had no ppi, then we did, now we do not?/

 

they dont want to send any documents and refer to letters we know damn well we didnt send.

 

very worried right now, but i will not give up!

 

no wonder they were closed down.

[Bazooka Boo]

There is no need to be worried, it will all come out in the wash eventually, it just takes time.

 

Did you submit the SAR?

 

If you did, then they have 40 calender days in which to send you all the information.

[jjandbump]

i havent sent a SAR i shall do that today, you may or may not know bit do i sent it just to the normal address as they are in default.

[Bazooka Boo]

Have you got their head office address?

 

I would mark it to their 'Data Controller' enclose £10 postal order and mark it statutory fee for SAR only.

Send it recorded delivery also so you can keep track of how much time they have to comply.

[jjandbump]

i have i will do it today thank you x

[Bazooka Boo]

Your welcome seriously they are more worried about you than you are of them, there is no need to lose sleep over this..

[jjandbump]

I am absolutely furious and do not know what to do now.

 

I have posted about the first part before and was awaiting paperwork to come through (which still has not)

 

We were denied a mortgage and when we got our credit files my husband had a default from welcome, we paid this off in a full balance in 2008.

 

they have said they have different information and we took another loan out before that date, its all a real mess. We have copies of letters and they have not sent the documents. and I do not know what to do at all,

 

 

interestily enough we tried to claim PPI a year or so ago and was told we didn't have it, now we have found out we sure did, so we sent the forms off. The plot thickens as they sent a letter back to say that the signature doesn't match their files.

 

I do not know what to do, I have been offered a massive saving of £80k on my home, and this is going to jepordise the whole lot.

 

I cant belive they have issued a Court claim with out sending me this documents, I know somewhere in the loft I have a receipt for the £3900 I paid in settlement.

 

I don't know what to do.

 

The claim reads:

The claimant claims sums due under fixed-sum loan agreement~(s~) regulated by the consumer credit gate 1974 entered in to between the claimant and the defendant . the defendant failed to pay the contractual instalments in compliance with the terms of the agreements(s) have expired. the claimant complained with section III and IV and Annex B of the PD Pre-Action Conduct.

And the claimant claims :

Personal Loan account number XXXXXXXXX and arrears balance of "£3623.63 as of 13/2/10 to 6/6/13 of 375.37 and also interest at the same reare up to the date of judgement or earlier payment at a daily rate of 1.01 AND costs.

 

This just is beyond me, I know welcome (after googling all weekend) seem to be as dodgey as they come.

 

I can not believe that a loan paid back in 2008, they now say 2010 is the default, and the credit file says 24/11/2009 @ 3981.00 I am at a total loss. And more shocked it waited for me to bring it up for them to do all this.

 

we have not moved either we have been at the house for 7 years. :0(

 

I am at a total loss, I am sure I have the recipet in the loft as I am a horder. lol

[dx100uk]

gathering info is your first port of call

 

ack the claim on line too

defend all.

 

I would suspect this is the norm welcome staff trick of filling out the forms for you by the phone.

 

then 'signing' the paperwork.

 

however.

 

have you ever sar'd them?

 

dx

[jjandbump]

yes they said this would be sent on the 29.05.2013 and then on 06.06.2013 court papers were sent I have ack claim and ticked to defend all

[dx100uk]

sorry have you sent an official SAR with the fee?

 

dx

[jjandbump]

no when I questioned it they replied

Thank you for your letter dated 07 May 2013. I have arranged for a Subject Aceess Request (SAR) to be provided to your free of charges, This will provide all the information we hold on your and will give clarification on your existing balance, how the balance has been calculated and details to any payment protection you have had,

 

Should I send one with the fee?

[postggj]

What is the date of the claim

 

Has the claim been issued out of Northampton

 

Have you sent a CPR 31.14 request to Hagarty

[jjandbump]

What is the date of the claim

 

claim says it was issued 06.06.2013

 

Has the claim been issued out of Northampton

Yes its: County Court Bulk centre, 4th floor St katherines house, 21-27 st katherines street, nothampton, nn1 2lh.

 

Have you sent a to Hagarty

I am really sorry but I do not have a clue what that is???

[postggj]

With the permission of DX100UK

 

Do you wish me to continue with this as it is welcome??

[Jimmy Jangle]

Squaddie was (possibly) asking if you've sent a CPR 31.14 request to Hegarty LLP - is that right?

 

You'd could also consider sending a CPR part 18 for things such as defaults, notice of assignments, last payment and how it was made, etc.

 

Finally, if you really want the breathing room - send a CPR 15.5 to enquiries AT hegarty co uk - this will give you 28 days on top of the date the defence has to be in by; it should give you enough room to set about getting a defence together - if you need one, I'll send you a copy of the one I did

 

If you look on my thread you'll find templates that the guys prepared for me - they shouldn't be too far removed from what my situation is.

 

Best of luck though, I'll give whatever (albeit limited) advice I can.

[dx100uk]

With the permission of DX100UK

 

Do you wish me to continue with this as it is welcome??

 

good exercise squaddie

 

dx

[postggj]

Your will is my command

 

give me 10 minutes

[postggj]

Dear Sir,

 

Re: WELCOME FINANCIAL SERVICE LTD v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: Statement of account showing how the amount being claimed has accrued

 

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

SECOND LETTER TO SEND HAGARTY AT THE SAME TIME

 

 

Your Name

Your Address

 

IN THE XXXXXXXXX county court

 

CLAIM NO:

 

BETWEEN:

 

WELCOME FINANCIAL SERVICES LTD

 

Claimant

 

and

XXXXXXXXXXX

 

Defendant

 

PART 18 - REQUEST FOR FURTHER INFORMATION

 

To: WELCOME FINANCIAL SERVICES LTD (claimant)

　

Please answer the following questions:

 

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

 

a] Upon what date, for what amount and what was the date for remedy of the breach?

 

b] Was the issuance of the Default Notice noted in the communications log?

 

4. Does the amount claimed include charges, and if so what amount?

　

　

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

YOU NEED TO FILL INN CLAIM NUMBER, COURT, EDIT BITS OUT IF NEEDED ETC.

 

SEND DIRECT TO HAGARTY BY RECORDABLE MAIL

 

 

Thanks to citizenB

[Jimmy Jangle]

Squaddie, would there be any benefit for jjandbump to apply for an extension as per CPR 15.5?

 

Just an idea, but don't want to overcomplicate matters!

[postggj]

I am not a fan of CPR 15.5

 

If the claimant does not have the required documentation, why should you give them more opportunity to produce them

 

If you do not have the documents, how do you defend,. that will be my defence and the claimants non compliance.

 

You use CPR to your advantage

[Jimmy Jangle]

Fair point - I used 15.5 as although I had all responses for 31.14 & part 18, I was getting quite worked up about not having the right defence in my head though, so it worked for me.

 

Obviously YMMV Squaddie, but I've seen your posts, and agree 100% with what you've said; despite the views of others, if what you advise works, then I'm all for it

[postggj]

Certain senior posters will know i am one of the few people who has taken welcome to court, and won

 

I based my claim on substantiated facts, that was 4 years ago

 

I rarely mention it as i do not have an ego the size of mount Everest, unlike some i could care to name

[Jimmy Jangle]

Any advice you could give me would be MOST appreciated, sorry to straddle threads - but it seems like me and jjandbump are in similar (though this is me speculating atm) positions so I'll give any advice from you serious consideration.

 

Do you mind me asking how you came to win against Welcome - is there a thread on CAG I could look at?