Welcome Finance/Hegartys

[pborojon]

Hi guys,

 

I've today received papers to say a court claim has been filed by the above for £4999 (including interest) plus fees of £85.

 

The particulars of the claim are as follows

 

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

The term of the agreement(s) has expired.

The claimant complied with section 111 and 1v and annex b of the pre-action conduct.

 

And the claimant claims:

Personal loan agreement xxxxxxx

Arrears balance of 4,315.76 as of 30/03/09.

Interest under s69 of the county court act 1984 at the rate of 8% a year from 30/03/09 to 15/10/13 of 683.24

and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.95 AND costs"

 

I've not heard anything from them for ages apart from a couple of phishing letters

(I've moved since the loan was taken out)

 

is anybody able to help me (in lay mans terms)

getting this struck out (if there are grounds to do so)?

 

Thanks

[pborojon]

Anybody?

[dx100uk]

tell us about the debt please

 

was this the only account with welcome?

 

what was it loan/car finance ?

 

when did you last pay anything?

 

do you have any old paperwork at all?

 

dx

[pborojon]

tell us about the debt please

 

was this the only account with welcome? Yes

 

what was it loan/car finance ? Loan

 

when did you last pay anything? Not sure, possibly 2009 but can't be certain.

 

do you have any old paperwork at all? Nope nothing at all

 

dx

 

I've drawn up a CPR 31.14 letter to send from reading through some threads on here.

I also know I need to submit my intentions to defend the claim.

Should I extend my time to 28 days now or wait until later?

 

Cheers

[pborojon]

The 7 day deadline set on my CPR 31.14 expires tomorrow, if I get no reply any clues on how to progress?

 

Thanks

[AndyOrch]

Until you expand on the history of the debt and why you ceased payment Im afraid it is difficult to offer advice on how to proceed with the claim.

 

Regards

 

Andy

[pborojon]

Until you expand on the history of the debt and why you ceased payment Im afraid it is difficult to offer advice on how to proceed with the claim.

 

Regards

 

Andy

Thanks for the reply,

 

It was a personal loan for £2000 taken in 08 I think but can't be sure,

 

I stopped paying as I lost my job and couldn't afford payments.

 

I then moved etc and it became forgotten about really.

[AndyOrch]

So what grounds to you have to defend it?

[pborojon]

So what grounds to you have to defend it?

 

We'll they haven't complied with the CPR 31.14 request for a start so I'm guessing there are grounds there

[AndyOrch]

Not really they dont have to comply with a CPR request...their claim is based on money they allege you owe......not whether they disclose documents or not.

[pborojon]

Well how do they prove it is owed without complying with the CPR request?

[AndyOrch]

They will produce all the evidence to support their claim at standard disclosure just before the trial date...assuming you proceed to defend.

[pborojon]

They will produce all the evidence to support their claim at standard disclosure just before the trial date...assuming you proceed to defend.

 

Thanks for your help. From your tone I gather you think it's frivolous to defend?

[AndyOrch]

Obviously being rather new here pborojon you will not be aware that I draft most of the defences for claims on CAG were I see a potential of success.I will not advise a defence if I dont think it justifies one.

 

There can many reasons for defending a claim...disputed amounts.....creditors behaviour...unfair relationships...miss sold PPI....unfair penalty charges & interest applied even the wrong amount claimed.

 

So no I dont think its frivolous to defend but you have to a have a truthful reason unless you wish to perjure yourself.

[pborojon]

Thanks for the honesty (you could have lead with that )

 

most certainly the loan was sold with PPi which I was told was compulsory,

 

however yes I was really crap with my finances a few years ago and there is no real reason for being so.

 

These guys were particularly viscous in their dealings and I thought "screw you" to a large extent.

 

So obviously time has caught up with me but I do wish it wasn't with these guys lol

[AndyOrch]

Like wise you could have given a brief history..you was asked twice:wink:

[pborojon]

Like wise you could have given a brief history..you was asked twice:wink:

 

Touché

sorry didn't mean to be a prat.

 

Is there any way to acknowledge the debt without a CCJ?

 

I work in an industry where credit checking is part and parcel of recruitment and not looked favourably upon

[AndyOrch]

Only three ways to avoid a CCJ....

defend it successfully......

pay it before the required date.......

come to mediation with them and agree a settlement.

[pborojon]

Cool thanks, now is it possible to resolve the mis-selling of PPI before coming to a resolution? What would you recommend as a good course of action?

[AndyOrch]

Arguing the case of mis sold PPI does not form a defence to a claim...partial yes .... yes it can be used as leverage in mediation.

[pborojon]

Hi, sorry for the delay in replying. Thanks for all your help so far Andy. I've had a response from Hegartys and they have agreed a further 14 day extension but have said I need to notify the court. Pis there a form for this or do I need to just write a letter? I think I'm going to go down the mediation route and try to avoid the judgement being entered.

[AndyOrch]

Just write a letter quoting your claim number and attach a copy of their conformation for the extra 14 days.