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

[mjt2013]

Did you send the defence to the court?

[jjandbump]

Yes we did, file a defence and on time, then we got a judgement without hearing.

 

We also last week got something official looking to say Hagerty were no longer dealing

with and welcome we dealing with themselves!

 

Yestereday we had a bundle for the hearing tommrrow, saying they are IND,

they want £103 to attend the hearing, they ask my hearing be dismissed,

 

 

I have not been in contact ,

I have written to welcome and all rec del,

I haven't proved payment,

everytime I have written I have included the recipet copy,

 

 

they say they have now prior knowledge of the running of the account other than the documents,

there are loads of letter and call fees, and TBH a load of entrys that are not applicable to me,

 

 

say I was redundant etc, I have never been for the past 12 years.

I have sorted all papers but this is so unfair I even paid £360.00 to issue a counter claim

as I have lost the RTB my council home.

 

 

I do not know how this can happen.

I have had no chance to defend myself !

 

what do I need to do and what will happen at the hearing?

 

 

do I need to duplicate copies of anything?

 

 

can someone come in with me ?

 

My wife is panicing as I will get so mad,

this has truly ruined our life,

I do not know how they are allowed to get away with it.

 

oh and in the mean time they have removed the entrys from my credit file!

[jjandbump]

Anyone ???

[caro]

Firstly it won't help to panic or get angry. Get all your paperwork in date order. You should have 3 copies, one for you, one for the judge and one for the other side. Have you got time to do this before the hearing?

 

Remember that this is a hearing to get the judgment set aside and if that happens you'll be able to defend the claim.

 

How did they get judgment by default?

[jjandbump]

I have no idea how they did we were shocked when opened it!

 

 

The otherwise have even said they didn't get a defence but they signed for it as did the court!

 

I will do it all tonight and get it copied in morning! Can someone else come in or will this not be allowed

[caro]

I'm sure if you ask the judge will allow it. You can ask for them to act as Mckenzie friend if you wish too. http://en.m.wikipedia.org/wiki/McKenzie_friend

[caro]

Write out a statement that explains that you did put in a defence so there should not have been a default judgment.

 

Was your defence in on time?

 

How long after the claim date was the judgment obtained?

[citizenB]

If you have the receipt that proves you have repaid this account and have provided a copy to Welcome.. I am not quite sure why things have come this far ?

[jjandbump]

We have done all the above!

 

 

Today at the hearing inds rep said they hadn't seen a defence

then I glanced and it was on her pile

 

 

I said it was there,

she tried to say it arrived late

but had the recorded delivery proof!

 

 

Thankfully it was set aside !

 

 

Anyone got any suggestions on what I should do now!

 

 

I thought the welcone rep may have spoken to us after

but she stormed out the building and didn't even look at us

[dx100uk]

costs and damages for the refused? mortgage that's for sure I hope!!

 

 

dx

[jjandbump]

The judgement has only been set aside ! They acknowledged there was a counter claim in court and she looked panicked. Also we have been told hagery were acting but then we had a notice of change of soliciter to say welcome were acting! But this woman was from ind ! Who do I write to? What should I write I don't know if to send my docs and case to! One documents signature is defiantly fake and also since issue the Fscs have said they have credited an amount to the balance ( which shouldn't even be there ) all very mind twisting! We still haven't had a full sar from them! Your advice would be massively appreciated x and I want to thank you all so mich for your help it means a lot!

[Bazooka Boo]

Regarding the SAR, they have 40 calender days in which to respond with all of the documents, has this elapsed?

If so then send them a LBA giving them a further 7 days in which to comply, failing which you will report them to the ICO for investigation.

[jjandbump]

they sent a few scraggly documents but not full SAR, this was well expired as by months I would say!

[Bazooka Boo]

The send them a Letter Before Action giving them a further seven days to send you the complete SAR, or inform you that what they have sent you is all that you asked for, failing which you will escalate the matter to the ICO.

[jjandbump]

right ,, here we go again. we attended court in December and the judgement was set aside, since then we have called welcome as the entrys on the credit files vanished and they said it was as they had mis recorded information .

 

today we have a letter from the court with directions.

 

Welcome have said they can not provide a copy of the credit agreement they are claiming as there is not one there. in previous letters last year.

 

We have also had an amount credited for PPI which should have come to us, but as we have said before this was paid in full years ago.

 

my question is :

how can they bring to court a claim without a valid agreement

and don't they have to re-serve forms when a claim is set aside.

the amounts in any case would be wrong they are claiming as there has been a refund of PPi.

 

I am at a loss but need to act quickly

[AndyOrch]

Once a claim is set a side the claimant does not have to resubmit the claim....it simply proceeds should they wish it to and you then receive the DQ for it to be allocated.You originally submitted a defence to the claim ...that still stands.

 

Regards

 

Andy

[jjandbump]

thank you, I am just looking through the file once again, and it seems there is no credit agreement for what they are chasing.

[jjandbump]

what reason could I get it thrown out.

 

wrong amount,

time????? seeing as its now over 6 months,

 

in this 6 months we have not heard a thing from them . apart from when I called them.

[AndyOrch]

You cant get it thrown out....simply follow the process now and see if they wish to push this all the way to trial...you will have further opportunity to raise your concerns when you submit your Witness Statement.

[jjandbump]

Afternoon All,

 

 

Still battling on with Welcome, at the hearing in December we were given permission to use a handwriting experts report!

we know my husband hasn't signed the document,

and the handwriting expert has confirmed that the signature is not my husbands.

 

I am so stressed I haven't slept for weeks. but this has brought some slight relief.

 

I now ask a question, what does this actually mean???

 

If he hasn't signed the document, which he hasn't, is there any legislation, rule or law which says he can not be liable.

 

the whole thing becomes more and more suspicious?

 

 

we can not afford any more legal advice on the matter and wondered if anyone knows anything we can read/quote to assist in getting this settled and thrown out.

 

The document that they have given is totally illegible, from the very little we can work out it doesn't have an agreement number on it either.

[dx100uk]

old & new threads merged for history

 

 

....

so last we heard was july!

 

 

so what has gone on since please

 

 

dx

[jjandbump]

Sorry my fault and thank you for moving.

 

Well the claim was set aside and

 

 

we received directions in October

 

 

I think it was for a hearing on the 22nd of this month,

 

 

we had already submitted a full defence.

 

 

but the directions said we had to apply to the court if we wanted to use a report.

 

this hearing was in December, and we were granted the use of a expert report.

 

before this hearing we had a lady that was representing welcome come up to us,

and to be honest all she did was talk down to us and try to bully us,

saying we would not get permission to use a report and they were going to prove to the judge it was disproportionate.

 

 

The judge didn't agree and gave us permission.

They got a ticking off for a few other things as well.

 

However the judge gave us permission

 

 

with a rush we got the report back which confirms the agreement was not signed by my OH (we knew this).

 

We have provided our receipt for the agreement that we paid off and she said we hadn't. It was in the bundle in front of her.

 

sorry this is a little long winded.

 

 

BUT the judge also said that they were to provide a legible copy of the agreement if they were to succeed,

they have not done this.

 

 

You can not read a thing on the document,

its all blurred,

but from what we can work out where the credit agreement number should be,,,, its blank??

 

 

so we are none the wiser to what has happened their end,

something very suspect,

 

 

but my question is

 

 

what needs to be on an agreement to be enforceable,

I know it needs to be signed by the person that is meant to be bound by it

(which it was not and now this has been documented) but what else.

 

they removed the entry's from the file last year, as they said they were incorrect,

 

 

however we had lost around £16k as the valuation on the property increased in this time.

 

I hope someone knows.

 

 

I have contacted the FSA but I am unsure how quickly they will get back to me.

[Bazooka Boo]

Then IMO you should be reporting them for fraud, quite how you do this, I am unsure myself, as I need to go through the same process with another organisation.

 

I would like to think that, if you raised the issue with FCA, ICOor even TS they might be able to investigate for you.

 

As for the financial losses you have incurred then this would be a civil claim against them taken by yourselves.

[jjandbump]

Yes I will be reporting them for it but as the company is now non existent to a extent I don't know what use it will be! I have contacted everyone I can think just wondered if a credit agreement needs to show a credit agreement number ??

 

I

Then IMO you should be reporting them for fraud, quite how you do this, I am unsure myself, as I need to go through the same process with another organisation.

 

I would like to think that, if you raised the issue with FCA, ICOor even TS they might be able to investigate for you.

 

As for the financial losses you have incurred then this would be a civil claim against them taken by yourselves.

[jjandbump]

WE WON!!!! and have been awarded costs!! So happy, do not ever give up if you are telling the truth and can prove it do not be bullied!