Welcome / Hegarty LLP Claim Form

[AndyOrch]

Sorry, a bit confused - do I use the CISheet v101.xls solely for what you've advised?

 

Also, isn't the APR 58.77%? Sorry to be a pedant!

 

Yes

[AndyOrch]

Responding to your PMs Matt

 

I'm not sure how I can be of assistance with your thread....what is your proposed defence?

 

Regards

 

Andy

[Jimmy Jangle]

I'm hoping something along the lines of:

 

1. The total amount payable of the loan was £5,614.20 (36 months @ £155.95)

 

2. The amount I paid towards the loan through direct debits and debit cards came to the sum of £5,097.64

, as per the statement received in response to my CPR 31.14

- for the majority of the loan period, the direct debit payments were higher, and were aimed at reducing the balance as advised by Welcome

 

3. The PPI refund was for the value of £1,544.55

 

4. Ergo, the total paid back to the account was £6642.19

 

5. As per my spreadsheet of penalty fees,

if there's any way I could simply have them acknowledge I in fact, owe them nothing,

that'd be great (even better if I could get something back though)

 

6. No default notice that I can see, no response to the CPR part 18 although the request went in the same envelope as the 31.14.

 

 

Does this seem OK?

[citizenB]

Responding to S.O.S.

 

andyorch doesn't seem to be online at the moment, so I will leave a note for him to look in.

 

When the PPI claim was made and they refunded it to the account - was the account in arrears at that time ? Did they then restructure the account to make the monthly payment lower ?

 

I see you have until the 9th of June to submit your defence, so you have a little time to prepare.

[Jimmy Jangle]

I was paying £190 per month at that point, and had been paying regularly every month, so I'd be confident enough to say that the account wasn't in arrears.

 

There is this also - signed up for Noddle - the account is on there, and the payment history looks a little TOO good(?) - but it looks like there's never been a default of any sort -??

 

 

 

[ATTACH=CONFIG]44205[/ATTACH]

[citizenB]

If the account wasn't in arrears at the time of the reclaim, then why did the refund to the account - did you agree to this ?

 

I will ask one of the PPI guys to have a look in on this particular issue for you.

[Jimmy Jangle]

It was done as I requested it. It was around the time the whole PPI mis-selling racket got rumbled.

 

like a chump i took the first offer, this was before i knew what i know now! There's an email from them in an earlier post in this thread..

 

Unfortunately I didn't get a say about where the refund went to.

 

sorry, went off track a moment!

[citizenB]

Do you have a copy of what you signed when the offer was made.

 

It would also appear that you have double counted some of the figures in your spread sheet - you might want to recheck those against your statements.

[Jimmy Jangle]

Do you have a copy of what you signed when the offer was made.

 

It would also appear that you have double counted some of the figures in your spread sheet - you might want to recheck those against your statements.

 

Could you point me in the direction of the duplicates? I only did what DX advised, didn't think I'd double up?

[citizenB]

Ah.. I am just passing a message on, I will get someone to let me know where the discrepancy is..

 

BRB

[Jimmy Jangle]

Also, can't seem to locate a copy of what I signed sorry!

[citizenB]

Mat....

 

Ok earlier Post...

pull up your statement one item has been taken at random on the 14/8/08, a telephone charge for £10.

Notice that where the narrative is "Telephone CallFee" the balance doesn't change from the £4400.

 

The balance changes on theline which has the narrative of "Capitalisation".

So that charge is only added to the balance once although it is identified twice.

 

The first mention is really just a "Memo".....it actually gets added to the account when it is capitalised.

Hope that helps.

[Jimmy Jangle]

I see, will it still be enough to help me get rid of this?

[dx100uk]

well spotted.

 

I didn't see that

they'll prob all be the same then.

 

I have redone the spread

 

sorry for the mistake last night

[Jimmy Jangle]

Thanks DX, hopefully we can move to get a defence together.

 

As previously advised, if I could get them to simply back off, that would be great, even better if I could get something back

[citizenB]

Matt, I have been advised that everything looks ok now

[Jimmy Jangle]

I was hoping someone would be able to have a look at this asap. I did send andyorch a PM last night when he was online, but didn't hear back.

 

I understand that everyone may be busy elsewhere, it's just I'm at my wits' end at the moment over this, and while I know I've got until the 9th June to get my defence in, I just need at least some reassurance that I've got a good chance that I'll be able to put this behind me once and for all.

[AndyOrch]

" I was hoping someone would be able to have a look at this asap. I did send andyorch a PM last night when he was online, but didn't hear back."

 

That would be along with the other 5 PMs then Matt...to which I have responded earlier.....but again.....what is your proposed defence?

 

I cover legal Issues and defences your thread is about counter-claiming so far.

 

We are assisting people everyday on the forum..sometimes with 24 hours notice to get a defence...you have until 9th June......hopefully by that date you will have some ideas of what your defence will consist of...then I can advise.

 

Regards

 

Andy

[Jimmy Jangle]

[update]

 

Managed to get Hegarty to agree to an extension until July 7th under CPR 15.5. Will be back on soon with outline for defence.

[postggj]

I do hope you have that in writing the extension, email or letter

 

Have you informed the court of the extension as well as sending a copy of the agreement to extend to the court

[Jimmy Jangle]

All done:

 

[ATTACH=CONFIG]44389[/ATTACH]

 

Have advised and forwarded on to the court also

[postggj]

Cant be too careful with this lot

Edited June 10, 2013 by squaddie

[Jimmy Jangle]

Agreed.

 

Looking through my details Squaddie, what do you advise, if anything?

[postggj]

We have a little bit of time due to the extension

 

As i have previously stated, i have taken a step back as my views do not seem to be compatible with other posters. i do not get into arguments and it is up to the poster if they wish to accept my recommendations or not.

I am always here in the background though, keep at it for the time being, we have time

[Jimmy Jangle]

As DX helped me with calculating the penalty charges Welcome heaped on the account,

 

 

can I contact them directly asking them to reconsider pursuing this through the courts?

 

As it has become apparent that I may be able to prove that the agreement is unenforceable,

owing to the PPI being mis-sold (I was advised it was mandatory at point of application

- I sent the agreement off withough ticking that and Healthcare, and they sent it back)

and being treated as a charge for credit, which has been used in previous winning cases?

 

In addition to that,

there a lot of penalty fees,

which appear to be the reason why the balance stayed at the level it had

- can I pursue the reclaiming of these while I am due to file defence by 7th July?