Welcome/IND took me to court - ID Fraud - knew i was not the debtor - compo?-

[BankFodder]

Fine, then. You are in an excellent position.

 

Can you respond to the rest of the points or questions I have asked my post.

 

Also, have you any ideas or clues as the money they were claiming or why it should be linked to you?

 

By the way, you sill need to move quickly to implement the initial preparations I have suggested.

Also, it might be useful if you were to email you contact details to us on our admin email address. Please include a landline phone number. I can tell you now that the email service you use will receive our emails directly into your spam folder so you will need to check it regularly or else get a gmail address which tens to be more reliable.

 

I would also write a letter to APR

 

Refer to the reference number on the card.

 

Tell them that they recently posted a card though your door which gave no details of the sender other than a relatively unknown name. No details of their business activity and no indication as to the purpose of the card other than to indicate that they had a parcel for you.

Tell them that you now understand the nature of their business, that the card was misleading and in breach of FCA regulations - in particular the rules contained in the FCA Consumer Credit Sourcebook relating to contact with alleged debtors - particular the rules contained in CONC 7.9.

 

Tell them that the entire issue is now subject to litigation and that you are proposing to join them as part 20 co-defendants and that furthermore you are proposing to report their unlawful activity to the FCA.

 

Ask them if they want to give any explanation or to make any sensible proposal, that there will be a preliminary hearing at Chelmsford County Court on 20th June - case no. XXXXXXXXXX at which the issue of joing them as co-defendants will be discussed with the judge and after which, in the absence of any interesting response from them, they will be joined to the action.

[goldfinch1]

I do actually still have the claims relating to the case as they were provided by IND back in April 2012.

 

There's four pages worth of transactions between January 2008 and April 2012.

IND also provided a copy of the credit agreement that has been signed by someone who shares my name.

 

I shall now follow your advice and start doing some serious letter writing, thanks again for all your help

[BankFodder]

I suggest that you complete a form N244

 

In the part which asks for the order you are seeking, you should say that in addition to the setaside order and leave to defend that you are already requesting, you wish to file a counterclaim relating to the unlawful processing of your personal data contrary to the Data Protection Act and also in relation to breaches of statutory duty - namely the FCA rules relating to the Conduct of Business and also those contained in the FCA Consumer Credit Sourcebook.

Furthermore you wish to add two part 20 defendants to the action as defendants to your counterclaim - namely, IND XXfullname addressXX and APS XXXfullname addressXXX who have been complicit in the above breaches.

You propose to file and serve your defence and counterclaim within 14 days, the defendant and part 20 codefendants to file and serve their defences within 14 days.

 

In the part that asks why you are seeking these orders, repeat the above breaches. Additionally refer to the fact that IND, acting for Welcome became aware of their error in Data processing over a year ago but despite the fact that they admitted their error in writing dated XXdateXX, they proceeded to issue a claim against you, to obtain judgment and then to pursue you by the use of enforcement agents to enforce the judgment.

APR as their appointed agents used unnlawful means to entrap you - specifically, using unfair unclear and misleading methods of communication contrary to FCA rules and also an improper use of your personal data.

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Also, you should ask IND of they are prepared to agree to a setaside. If they are then you want an written confirmation from them which you should provide to the court by advance copy.

 

Follow the link above at the word "setaside" to see the steps to take

[goldfinch1]

Okay, hopefully this has worked this time.

1) Calling card from APS

2) Application for set aside

3) Order for Production of Means

[DonkeyB]

Just so you’re sure what you’re dealing with, look up all the other threads relating to IND on CAG. You will notice that they can be particularly aggressive and underhand in their dealings. Follow BankFodder’s plan to the letter.

 

Their language in their grovelling apology to you demonstrates this – judgments are never entered ‘inadvertently’. This is pure hypocritical cant. They would have actively requested a default judgment – the court does not simply grant them without request (following no defence being entered).

[goldfinch1]

Thanks DonkeyB.

 

I have dealt with IND before in 2012 when this case was meant to have been shut down after they acknowledged then that I didn't owe anything.

 

I have to say at the time I felt they were unnecessarily aggressive compared to other companies I've dealt with and ended up contacting my MP.

[DonkeyB]

To understand the significance of the misleading card produced by APS, have a look at this dubious practice we uncovered on CAG a while back, concerning Silverpoint deliveries – a totally non-legitimate ‘delivery company’ that was a front for HFO.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?278901-Silverpoint-delivery-service-card-in-your-door-HFO-Services

 

Please do not confuse this ‘APS’ with the very proper and legitimate logistics company of the same name, or any other reputable company of the same name (as they say on Watchdog). This appears to be a one-man Brummie band, simply pretending to be a courier service in order to serve papers... or perhaps a local bod for a larger organisation?

[goldfinch1]

I'm so naive about this. Are they employed by the Court or by the Claimant?

[SabreSheep]

Claimant

[goldfinch1]

Thought so. I did hope the legal system wasn't resorting to such clandestine, underhand methods.

[DonkeyB]

Depends who they really are... that card gives no info that’s really useful. Hard to identify the company. Please, caggers, be careful when trying to identify – there’s an awful lot of people operating as APS.

 

If it is a process server, they are in breach of CPUTR, misleading practice, as already mentioned, as they are purporting to be a delivery company.

[goldfinch1]

Presumably the company who employed them would knwo who they are?

[DonkeyB]

Indeed, so you must demand that detail from them.

 

Without it, you won’t know who to join to your counterclaim.

[Sidewinder]

Looking forward to seeing this progress. IND are without doubt one of the nastiest DCAs around. Litigate at the earliest opportunity - details are an irrelevance - and they go for the jugular every time. No negotiation, judgment with a simultaneous attachment order or worse and with no regard for the consequences.

 

I wish you every success!

[goldfinch1]

Thanks I'll let you know how I get on.

 

Your last sentence sums it all up very concisely.

[BankFodder]

By the way - you need to gen up on the various rules you are relying upon.

 

 

Don't forget that although we are very pleased to help you, at the end of the day it is your case and it is you who will be there on your own. You need to make your own judgments and to be sure of your own ground

[goldfinch1]

Does anyone know if you can get a direct line to county court offices? I need some documents from Chelmsford which never reached me and the only office I can get through to is based in Norwich and unfortunately they are unable to answer my queries.

[Mike_hawk]

Link below for contact details:

 

https://courttribunalfinder.service.gov.uk/search?utf8=%E2%9C%93&q=chelmsford&area_of_law=

[goldfinch1]

Thanks Mike.

 

I've tried the first of those numbers and thats the court office situated in Norwich that handles a load of courts in the Eastern area and who could not get me the information I needed.

 

I will try the other numbers but suspect that I'm going to get the same reply.

 

I can understand why they might not wnat a direct line to individual courts but it is frustrating.

[dx100uk]

just return to the APS card

 

its PROTEUS INVESTIGATION

 

http://whocallsme.com/Phone-Number.aspx/02030120022

 

thanks to dogpile search engine

 

 

dx

[goldfinch1]

Thanks dx110uk, I

notice from the thread though that there's reference to Advanced Payment Solutions Limited who are based in London tho' I don't think it doesn't sound like their line of work).

 

I also notice DonkeyB's words about not confusing this ‘APS’ with the very proper and legitimate logistics company of the same name. I do want to make sure I get the address for the right APS

[DonkeyB]

Indeed – that APS has a different logo.

 

Need to demand the info from IND or the claimant, as technically the claimant is ultimately responsible for the actions of its agents.

[goldfinch1]

http://www.proteusinvestigations.co.uk/index.html

- seems like its there line of work but I will ask claimant to confirm

[BankFodder]

It seems to me that there is an attempt to deceive people into believing that they are http://www.apsltd.com/

 

They are very very naughty

[goldfinch1]

I wouldn't have been expectign a parcel containing apparel for seafaring thats for sure!