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

[BankFodder]

Whoops - I don't think that it was meant to be them at all. I saw APS tracking - and I took it to be parcels. I suppose that they mean satellite gps tracking.

 

Sorry.

[fkofilee]

PROTEUS INVESTIGATION;

 

Hmmm... They seem like a real shady bunch, also going on to this APS thing... That is also extremely naughty!!!

[DonkeyB]

PROTEUS INVESTIGATION;

 

Hmmm... They seem like a real shady bunch, also going on to this APS thing... That is also extremely naughty!!!

 

Careful! No evidence this outfit is in any way ‘shady’. The APS logo is not the same, and there’s no evidence it’s this company, as far as we know. If it is, it’s likely to be a local agent.

 

But this is why the OP needs to demand the ID/address/contact details of APS from Welcome or IND.

[fkofilee]

HI Donkey, Sorry i went through their entire site looking at what they do... They have private investigators... Eeek! To me they way their site appears and says what they do they seem shady IMO.

[DonkeyB]

Sadly, process servers and PIs are a necessary evil. It’s a legitimate business, just like debt collection.

 

What isn’t right is bad or misleading practice – but we need to identify the true culprits before the Pavlovian slagging-offs begin!

[goldfinch1]

I've taken your advice and will be very interested to see how they reply.

[Mike_hawk]

Try not to lose sight that the civil court regime seeks a compensatory remedy, what can the court offer you that compromising the case cannot?

[goldfinch1]

Just to update all those who were kind enough to take an interest.

 

I had my day in court.

 

Unfortunately Welcome Financial Services (who had made the original claim against me) got their wish for discontinuation.

 

It does seem grossly unjust that they can cause two years worth of stress based on their incompetence and recklessness and then can just drop it.

 

Thank for all those who have given advice,

 

I still think it was important to stand up to these companies and their abuse of power

and not signing their consent order and going to court was part of that even if I haven't got the outcome I desire, yet.

[fkofilee]

Bah... That's poor...

Have they confirmed that this is dead and buried?

[DonkeyB]

What happened in court? Anything about costs?

 

You can oppose/set aside a discontinuation if you were counterclaiming (not sure if you were...). Otherwise, probably not worth the candle.

[citizenB]

OP, sorry to hear that on a very basic level, you didnt receive the justice required. It is very poor indeed as you say, you can be caused so much grief and they can just walk away from it..

[goldfinch1]

I got back my court costs but not other costs e.g. phone calls, postage, travel, time etc.

 

Disappointed and angry that IND/Welcome Financial can twice in two years accuse me of something of which I am completely innocent and then just walk away from the mess that they and they alone have caused just to their incompetence and their aggresiveness, doesn't seem just.

 

I am writing to my MP and looking at one or two other avenues.

 

As it is IND/Welcome Financial have caused me and my family a great deal of unnecessary stress and anxiety over the last two years and I have no guarantee that in twelve months time they won't blunder and pick on me again.

 

I'll update the fourm if I get anywhere with complaints/ other actions.

[SabreSheep]

Not sure how helpful if at all the following is.

 

Principle

 

The principles which lead to a finding of an abuse of process in the UK were stated in Johnson v Gore Wood & Co[4] by Lord Bingham.

 

“ “The underlying public interest is … that there should be finality in litigation and that a party should not be twice vexed in the same matter.

 

This public interest is reinforced by the current emphasis on efficiency and economy in the conduct of litigation, in the interests of the parties and the public as a whole.

 

The bringing of a claim or the raising of a defense in later proceedings may, without more, amount to abuse if the court is satisfied (the onus being on the party alleging abuse) that the claim or defence should have been raised in the earlier proceedings if it was to be raised at all.

 

I would not accept that it is necessary, before abuse may be found, to identify any additional element such as a collateral attack on a previous decision or some dishonesty, but where those elements are present the later proceedings will be much more obviously abusive, and there will rarely be a finding of abuse unless the later proceeding involves what the court regards as unjust harassment of a party.

 

It is, however, wrong to hold that because a matter could have been raised in earlier proceedings it should have been, so as to render the raising of it in later proceedings necessarily abusive.

 

That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

 

As one cannot comprehensively list all possible forms of abuse, so one cannot formulate any hard and fast rule to determine whether, on given facts, abuse is to be found or not … Properly applied, and whatever the legitimacy of its descent, the rule has in my view a valuable part to play in protecting the interests of justice.”

[goldfinch1]

Hi

I don't know if anyone can help or point me in the right direction. 

 

Several years ago IND were chasing me for an alleged debt to Welcome Financial Services. 

Over the course of over two years IND pursued this debt and sent a number of letters threatening court action. 

It was a very stressful time and I found IND completely unhelpful in trying to resolve this dispute and show that I was not the person who had incurred the debt. 

 

There was eventually a court hearing in which proceedings against me were discontinued and IND paid costs. 

I had a letter of apology from IND and a letter of apology from WFS, APS who were the process servers who waited in their car outside my house late in the evening and unnerved my wife didn't even bother to apologise. 

 

I complained to the ICO about companies mishandling data by passing information onto third parties without checking if that information was accurate and whilst the ICO stated that it was 'unlikely that IND Limited complied with the requirements of the DPA" they didn't take further action at the time as IND had corrected the inaccurate information. 

 

It wasn't exactly a happy outcome, mealy mouth apologies and a derisory cheque to acknowledge all the strain and distress they had caused to me and my family for two years but at least it was at an end.

Until today. 

 

I return home from work and find that intrum have now taken over (seemingly) the same debt and are now asking me to pay them. 

I presume this is the same case that I thought had been dealt with and closed after it had been thrown out of court. 

 

I am perplexed how IND can be passing on information to another debt collection agency and that debt collection agency is wanting me to pay them. My instinct is to try to find a good solicitor!

[dx100uk]

for history I've merged your old thread 

 

IND were working for welcome, they weren't the claimants?

 

the debt has now been sold on.

 

pers i'd simply send 1st crapit sorry 1st credit..[now called intrum]

 

have you still a copy of the case outcome?

 

[goldfinch1]

dx100uk thank you.

I have a 'General Form of Judgment or Order ' from the County Court to WFS. 

It states that proceedings against me have been discontinued, that the judgment against me has been set aside and it orders WFS to pay some related costs.

 

I can easily send that through to intrum but I still don't understand why intrum are beginning to chase me for this debt. 

Surely when intrum took this over from IND it should have been clear to them that the case had been dismissed?

 

Quite frankly after my dealings with IND I never wanted to hear from them again and so was rather upset (putting it mildly) to get a letter bringing it up.  

 

According to the letter from intrum, IND is the legal owner of my account and has legitimate interest to share my data with them etc etc. 

 

I don't necessarily have a problem with that if the data was correct. 

However the fact is the data that IND have suppiled to intrum is incorrect as I do not and have never owed IND or WFS money.  

[dx100uk]

I think you need understand a wee bit about how debt assignment or sale works.

WFS never sold it till of recent to Intrum

that would have been on a spreadsheet of single lines of data on probably 1000's of people in a debt portfolio sale to intrum [1st credit] with no ther details.

 

Welcome were the claimant thus still the debt owner in the court case [hence the General Form of Judgment or Order against them] IND merely being their employed dogs. 

 

1st credit are renound for saying just about anything to spoof people out of money.

[goldfinch1]

do you reckon has anyone done anything wrong from a data point of view?

Surely it can't be right that intrum are now trying to get money from me, surely IND (incidentally I do like your canine description of them!) should have indicated that there is no debt and that a court of law has said there is no case against me 

[dx100uk]

if welcome didn't give intrum the full story or intrum didn't ask. [mores the truth] then id not worry about schemantics of data..but its above board.

nothing to do with IND.

 

just reply with a copy of the general form of judgement..telling them to ...off, wanna try now fleecers?

[goldfinch1]

Okay thanks. I did email intrum the other day asking for more details of this alleged debt.  When I hear back I'll forward the County Court judgment.

[dx100uk]

I would NEVER EVER use email

writing only!!

[goldfinch1]

Okay will do!

[dx100uk]

didn't think you'd be alone

 

 

[Andy111]

Goldfinch, I'm in a kind of related situation with Intrum.  In my case IND went to court, won (unjustly & unfairly) and the debt assigned to IND & payment set by the court (barely above a token payment).  Now I get the letter of Intrum claiming to be servicing the debt and as I have not sent them (Intrum) any payment to contact them to arrange a payment plan.  

[goldfinch1]

Intrum have now got back to me. Asking for full name, d.o.b,, postcode.  I'll write to them (is email really that bad?), do they need all that info to confirm who I am, after all they wrote to me!