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


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i can now settle this direct with Hagarty and get them to withdraw the claim, we now have time so please get that months bank statement 24/09/2008

 

i will then get you some costs, then we hit welcome over your mortgage problem and vexatious litigation

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  • 4 weeks later...

Hi all!

 

 

I haven't been on as my little one broke her arm and had to have it pinned!

 

 

Don't know how but it became seriously infected so have had a little nhs holiday:-(

 

Then my grandfather was knocked over and passed away!

 

 

It's been a horrid time!

Getting these buggers off my mind will help x

 

There was no money transferred in to any accounts the signature on the agreement is definatly not mine either!

 

Has anyone got any drafts I can work with to send as defence???

 

Thank you and sorry for going on missing list:-)

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jj, I am a little concerned for you. .

 

From what I understand your defence was due on the 10/11 July ?

 

Have you checked the MCOL page, I suspect that there might have been a default judgment awarded in your absence ?

 

If as you say, you have a receipt that confirms this loan was repaid in 2008 then this should have been a simple defence of no case to answer.

 

I am sorry to say, we have not seen posjjg who was originally advising you, for some time and others have now been trying to sort out the many Welcome claims.

 

Can you please summarise the situation so that someone can advise what you need to do.

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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BCOBS

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have been granted an extension for defence to the 06.08.2013.

 

 

I have just had an email to say that they grant an extension to 06.08.2013.

 

also they are saying they haven't had an SAR request so forwarded them a copy of the letter which says they have received it and will send it out.

 

Fingers crossed.

 

I have forwarded the email to the courts .

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Right few things to answer here,

there was no money paid in to the account on the date mentioned. above 29.09.2008 (I think)

 

there was a credit on 28.07.2013.

 

This was paid in full and final in 2009 (as per the reciept)

 

the loan agreement they have sent does not bear my signature its must have been fiddled

( I do now understand this is common) ,

 

 

I have made initial contact with a handwriting specilst

but the report is an awful lot of money,

however I will get one done with out hesitation.

 

I have received a letter confirming they are sending a SAR but they have not responded or this has not been produced.

 

I would like to get this done asap and sent off.

 

 

as the way our luck is at the moment something else bad I am sure will pop up

 

 

and I don't want to miss deadline. x

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Righto, thanks for this. I have left an S.O.S for others to assist you.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I was going to list as payment made on such date

The agreement sent does not bear the signature of the defendant

 

The defendant would like to counter claim as they have been declined a mortgage due to the incorrect default on file.

 

fluffed up a bit

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IND were the ones that sent a letter we responded and then they just issued court proceedings,

 

anyone able to assist with a defence

 

Thats IND for you! be very carefull with them, they are probably the sneakiest litigants there is out there.Perjury is not an issue for them.

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I was going to list as payment made on such date

The agreement sent does not bear the signature of the defendant

 

The defendant would like to counter claim as they have been declined a mortgage due to the incorrect default on file.

 

fluffed up a bit

 

go for it, although I suspect you may need professional help as I would expect the value of your counterclaim to exceed the small claims limits.

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if I can get it sorted by the 30.09.2013

 

 

I think I will still be able to apply and maintain the discount,

so at the moment I want just them to remove the default and withdraw the claim.

 

I am a little worried about what has been said about IND what does this mean?

 

They have ignored my SAR requests to.

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if I can get it sorted by the 30.09.2013 I think I will still be able to apply and maintain the discount, so at the moment I want just them to remove the default and withdraw the claim.

 

I am a little worried about what has been said about IND what does this mean?

 

They have ignored my SAR requests to.

 

As said IND are complete rogues, they dont care about the validity of a claim they will go for it regardless. have a read abiut the forum to get an idea of their shenigans.

 

I agree, getting them to withdraw the claim will be the best course of action and you can worry about counterclaims at a later date.

 

One sad thing in life, is even when you have someone totally by the balls (in the legal sense) you arn't taken seriously till they realise you are serious.

 

So might be an idea to get a solictors letter off to them, dont worry about having any detailed costly advice, just get a letter sent.

 

e.g. I was in a dispute with someone last year, I wanted £120k, they were offering £1k. We spent 3 months arguing the toss. In the end I dictated a letter to a solictor which said basically said what I had been discussing with the other side. On the morning they recieved the letter they agreed to my demands and the monies were paid a few days later.

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  • 3 months later...

I really hope someone can assist me,

 

We have been fighting a case against welcome finance,

 

 

the money was paid in 2009 and there is No way we owe the money,

we also were not sent information we were requested,

 

 

we if.ed the defence have sent welcome

all the info we have and been ignored,

 

 

the. Got a judgement with out a hearing.

 

 

It said we could ask for judgement to be set aside which of course we have done!

 

 

Yesterday we got a date for Monday coming for the judgement to be set aside,

 

 

what do we need take, do etc.

 

It's my husbands claim but he doesn't have a clue what to do or say ,

 

 

and he is getting panicked as am I,

 

 

more so as we don't know what to expect and have little time to get everything together !

 

The claim has been involved with hagerty, ind and welcome!

 

I hate them for what they have done they have just cost us our 1st mortgage to, loosing £86,000 rtb discount,

 

Can anyone help us with what will happen and how to prepare what to take.

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Omg , you are in a very similar situation to us,

we got judgement without a hearing to,

Monday we have a hearing to set judgement aside!

 

They have screwed us.

We paid the debt off In 2009 and have the recipe in branch,

we are owed a large a,punt of pup and their charges are so unjustified to!

 

 

They have sent us some documents which are not all of them,

they talk utter rubbish about conversations phone calls etc,

there are references to letters ,

no letters included in the sar!

And guess what no signature on one document as they said they didn't need one,

and the other one doesn't bear my hubby's signature!

 

I'm so mad and very unsure of what to expect Monday

we have always paid everything and this has caused us so many problems,

welcome I know are in default and I wonder if this is the reason that they are playing Lear.y dirty!

 

Wold you mind if I use your case of an example of the way they act, it's shocking!

 

please please report this to watchdog the more people do the more chance there is of getting the, investigated.

 

Good luck x

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Can anyone also advise about why the default status is important

as they have removed the entry from my hubby's file all the sudden

and we don't know why!

 

 

Sorry to hijack post but we have gearing Monday and am home working !

 

 

P,ease all report to watchdog lets nail these liars

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They are on everyone at the moment

we paid loan off in bran h and they are claiming we haven't,

 

 

they have no signed docs and one gauged one,

 

 

they have put loads of crap on the notes,

 

 

I do honestly to know how they get away with it!

 

 

Please contact watchdog the more people that do the more publicity in to their behaviour can be got to prove their tactics

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two threads and many random posts on other welcome threads

merged to YOUR thread

please keep to THIS THREAD.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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two threads and many random posts on other welcome threads

merged to YOUR thread

please keep to THIS THREAD.

 

 

dx

 

Please can you flag ths for assistance as I don't want to try post again cause issues

 

really hope someone can assist me,

 

We have been fighting a case against welcome finance,

 

 

the money was paid in 2009 and there is No way we owe the money,

we also were not sent information we were requested,

 

 

we if.ed the defence have sent welcome all the info we have and been ignored,

 

 

the. Got a judgement with out a hearing.

 

 

It said we could ask for judgement to be set aside which of course we have done!

 

 

Yesterday we got a date for Monday coming for the judgement to be set aside,

 

 

what do we need take, do etc.

 

It's my husbands claim but he doesn't have a clue what to do or say ,

and he is getting panicked as am I, more so as we don't know what to expect and have little time to get everything together !

 

The claim has been involved with hagerty, ind and welcome!

 

I hate them for what they have done they have just cost us our 1st mortgage to, loosing £86,000 rtb discount,

 

Can anyone help us with what will happen and how to prepare what to take.

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You may wish to read Parts 12 and 13 of the Civil Procedure Rules online,

that will set out the test you need to meet to have the judgment set aside.

 

 

Take any documents you have which support your case e.g. payment receipts, correspondence re payments etc

and be prepared to explain why you didn't reply to the claim in the first place.

 

Your hearing will almost certainly be in a judge's chamber rather than court.

Essentially you will be in an office with the judge and the representative for Welcome.

 

 

Speak clearly, slowly and calmly and please try to stick to what is relevant such as your defence

rather than the effect the judgment has had on you.

 

 

Allow yourself to be guided by the judge,

he or she may seem against you and may ask you a lot of questions

but that will be to ensure that you fully explain your case and actually in most instances

the questions are intended to help you put your case in a way which helps the judge understand it.

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Thank you!

 

 

We did respond and

filed a defence all the papers were signed for recorded delivery !

I can't understand this?

 

 

We have received some stuff today from ind now !

 

 

Was hagery then welcome now ind,

saying they want to be awareded costs for attending

and saying things that are contradictory and in some cases inaccurate !

 

It's my husbands account

he is very nervous

can I go in with him even if I don't speak

he will get so angry

I know it would be better if I can sit with him and take notes

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