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    • bundle and WS are the same thing. all you need to do is do a witness statement  you have an advantage here don't lose it  you have their WS so can we can rip it apart.   do the link FTM says please get their WS up totally read our upload guide carefully inc use of PDF reducer /merge sites.   we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.   forget everything else you think you need to do or might have been wrong in process.   all you need to do is get a WS done and file it to the claimants sols and the court. pref by 18th.   lastly did you send a CPR request?      
    • Thankyou FTM   What I had sent in was a DEFENCE whoch was prepared/drafted by one of the appealing companies.   Since the defence they have vanished. Their email is now returning ' undeliverable'     The bundle I received today from the PPC has everything in it, including the claim form, my DEFENCE and their WS.     I am happy to redact and post the whole bundle and then you have everything.     Am I able to post the whole bundle here redacted?    the 18th January is deadline to send all documents to Claimant and court , that the DEFENDANT wish to rely upon in the final hearing . These must be in a bundle and DEFENDANT must bring the originals to the final hearing   The 1st February the C and D must send to the court and to each other copies of their own witness statements and those WSs they intend to reply upon in the final hearing. The WSs must comply......etc..     so I think the January one is for documents/bundles and the February one for the WS.    What I filed previously was a DEFENCE which was a bit general in some points rather than specific to which the claimant WS has referred to            
    • Right ... you can't file a new defence, what is done is done.   I don't really understand the difference between the  18 January deadline and the 1 February one.  In any case there is still time to respect the 18 January deadline and as a LiP you will be given some leeway.   All this secrecy though is nonsense.  No-one can help you if you don't give any information.  Forget about all the "identifying" rubbish, these horrible companies have hundreds of cases going on and can't monitor each one.  "Someone is suing me about something I did somewhere" will get you nowhere.   It's highly likely we know the company and we know the car park and can immediately help you to fight back, but straight away please fill in    https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/   It's your own daft fault if mail regarding a legal dispute is arriving at an address which isn't yours.    Please post up - redacted - the correspondence with the PPC including their WS (if that is what is was).
    • How about telling the pets' owners by message that you're not happy with their attitude about non-payment and not giving you their new address.   Accordingly, you'll have no option but to use their old address ( which you're entitled to do - debt chasing solicitors do this all the time ) to issue a court claim to recoup your losses, issued to their last known address.   So they either deal with what they owe (you could negotiate  a compromise maybe); or deal with the court claim if they have access to post at their old addess; or end up with a CCJ against them.
    • Hello All   I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set   Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.     Case:   I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.   The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.   Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos    The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc.    The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.   I replied with a 35 paragraph defense drafted by the ' appealing parking company' .   This was emailed to the court email address CCBCAQ@Justice.gov.uk   The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees).      Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.   Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing   I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.   In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.   By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .       Before going into the actual substance of the defense, I have some questions about this forms   1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.   Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents.      2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.   Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.   Thankyou              
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi Guys,

Today i got a letter to say welcome finance has won the court case

and i need to pay full balance of £5000 even thou i got a loan of £2000,

 

I did apply last month online for to hold it off for 28days

but as i'm getting redundant and getting all stressed

but i have to do 4 week notice period

 

i cant afford the full balance

 

is there a way i can get round this and pay little bit till i get another job?

 

please help im stressed enough,

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Someone with more knowledge will help out soon I'm sure.

 

Meanwhile in my opinion, try not to worry, if you can't afford it then you can't.

 

I think what you do about this is relevant to your circumstances ie: do you own your house etc. that's when it gets harder.

 

Where did you apply to have it held off, I didn't realise this was possible. I thought the AOS gave you 28 days to defend.

 

Did you turn up for court if not the judgement was a default one and there are ways to contest this.

 

As I said someone should help you out on here.

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theres no welcome loan that's not 90% unlawful PENALTY fees

PPI

GAP

or any number of stuff to reclaim.

 

i'll guess this was hagerty or IND?

 

not welcome?

 

ok the court CCJ.

 

you need to contact the court and get a redetermination/variation order going.

 

ASAP get an SAR off to welcome finance by recorded delivery.

 

have you got ANY statements?

 

a copy of the original agreement?

 

I hope this one turns out better than the other two threads on court forms you have previously had

 

you should be well used to dealing wit the process by now.

 

shame all those past threads just die............

 

 

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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theres no welcome lon that's not 90% unlawful PENALTY fees

PPI

GAP

or any number of stuff to reclaim.

 

i'll guess this was hagerty or IND?

 

not welcome?

 

ok the court CCJ.

 

you need to contact the court and get a redetermination/variation order going.

 

ASAP get an SAR off to welcome finance by recorded delivery.

 

have you got ANY statements?

 

a copy of the original agreement?

 

dx

 

Hi,

 

The name on the judgment for claimant is HEGARTY LLP based in Peterborough,

 

the total they want me to pay is £5,077,56 inc £85 = £5,162,56

and the court said i have to pay for the full balance

 

,i do keep all the original forms when i first went with them and all the paperwork what i paid

 

,i've been served notice at my work yesterday and

i lost all contact with all my other problems

,forgot to reply back to the courts with my defense,

 

i admit its my fault now i have to pay the full balance and now i dont know what to do?

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If you are unable to pay the full amount demanded on the Judgment then you will have to apply to the court on Court Form N245 and ask for the judgment to be varied to instalments.

 

I think this will cost you £40.00.

 

http://www.moneyclaimsuk.co.uk/court-forms.aspx

 

Scroll down the list on the link above until you get to form N245 and download the application.

 

If you are on benefits then you might be exempt from the application fee.

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ASAP get an SARlink3.gif off to welcome finance by recorded delivery.

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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click the sar

 

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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Hi Thanks for your help.

 

i have filled out all the forms you have suggested and going to send off to courts and welcome finance,

 

Today i received a letter from IND about notice of change of solicitor it says

i (we) give notice that my solicitor Hegarty LLP has ceased to act for me

and i shall be acting in person

the signature is a scribble writing b

ut next to it has DEBT ACCOUNT MANAGER to my local count court not Northampton.

 

What's the next step shall i do?

 

also there was a another letter from Money Save Solutions?

 

 

any good?

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yea usual crap.

 

thought it would be ind behind this.

 

go read the other welcome finance threads on here too

 

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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yea usual crap.

 

thought it would be ind behind this.

 

go read the other welcome finance threads on here too

 

dx

 

 

i wish i had replied with a defence cause im getting redundant at the end of august ill have no job go on benefits,I hope i can fight against this ccj,

ill send the forms off asap.

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  • 2 years later...

Hi All,

i was silly and stupid when i was young got a welcome finance loan for £2000,

i was stupid to even agree but i needed the money to pay off some debts

and i was working so i paid back some, i left my job

and i was out of work for 6months got in so much debt with them late payments,

 

fast forward 2015-

i got a letter from court to say i need to pay £5000 back and it went their side and i didnt do a defence letter,

i had to go small claims court and start paying £50 a month

 

i got made redundant last year and been struggling looking for work for 4 month

and i've finally got a new job in December,

 

i was wondering if anyway i can cut this balance down as this would take me years to repay.

 

i cant afford more then £50,

 

thanks

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  • 4 weeks later...

I have now spoken to a broker as i want to get a mortgage as the ccj is stopping me and my gf getting one,

 

I have spoken to IND about offer them £1000 to clear the balance as i think paying £50 a month to clear £5000 on a £2000 loan which i think is riduclous with calls and ppi and i was stupid not to defend,

 

i guess this is my only hope......

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sar to welcome

get all the statements and get reclaiming all the insurances and penalty fees.

 

 

 

if you'd done that before the case

I bet they owe you..

 

paying it off wont remove the CCJ

and the broker is having you on

if he's telling you it being satisfied will get you a better deal.

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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No i didnt get to do the sar before the case hense why the court fee is nearly £5000 instead of £2000 shall i do one now and send it to them?

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I would.

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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Hi dx100uk,

Just an update

IND are a bunch of money grabbers

i have now offered 3000 to clear the balance

but they have also refused that.

 

2013 on their system was 4132

and now its £5132

and they are willing to take an offer of 4500

and the woman who looking after the account is so rude,

 

 

i have sent welcome an sar to request everything they got off me.

but what would be the next step to get this reduced.

 

many thanks

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IND only ever got CCJ's on dodgy debts

so they could rack up serious profits in the future

 

 

dead shame you let this drop all those years ago.

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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Share on other sites

in what way.

 

 

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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look at the info your get back

you indicated 3yrs ago your had numerous loans

so there could be lots to reclaim.

were the loans refinancing each other

you also said you had all the agreements?

 

 

what date was the ccj granted 2013?

 

 

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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