Welcome finance and court claim from Hegarty LLP then IND***Claim Dismissed with Costs***

[postggj]

What is the date of the claim

 

Has the claim been issued out of Northampton

 

Have you sent a CPR 31.14 request to Hagarty

[postggj]

With the permission of DX100UK

 

Do you wish me to continue with this as it is welcome??

[postggj]

Your will is my command

 

give me 10 minutes

[postggj]

Dear Sir,

 

Re: WELCOME FINANCIAL SERVICE LTD v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: Statement of account showing how the amount being claimed has accrued

 

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

SECOND LETTER TO SEND HAGARTY AT THE SAME TIME

 

 

Your Name

Your Address

 

IN THE XXXXXXXXX county court

 

CLAIM NO:

 

BETWEEN:

 

WELCOME FINANCIAL SERVICES LTD

 

Claimant

 

and

XXXXXXXXXXX

 

Defendant

 

PART 18 - REQUEST FOR FURTHER INFORMATION

 

To: WELCOME FINANCIAL SERVICES LTD (claimant)

　

Please answer the following questions:

 

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

 

a] Upon what date, for what amount and what was the date for remedy of the breach?

 

b] Was the issuance of the Default Notice noted in the communications log?

 

4. Does the amount claimed include charges, and if so what amount?

　

　

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

 

YOU NEED TO FILL INN CLAIM NUMBER, COURT, EDIT BITS OUT IF NEEDED ETC.

 

SEND DIRECT TO HAGARTY BY RECORDABLE MAIL

 

 

Thanks to citizenB

[postggj]

I am not a fan of CPR 15.5

 

If the claimant does not have the required documentation, why should you give them more opportunity to produce them

 

If you do not have the documents, how do you defend,. that will be my defence and the claimants non compliance.

 

You use CPR to your advantage

[postggj]

Certain senior posters will know i am one of the few people who has taken welcome to court, and won

 

I based my claim on substantiated facts, that was 4 years ago

 

I rarely mention it as i do not have an ego the size of mount Everest, unlike some i could care to name

[postggj]

You need to look at the agreement, default notice etc, and prescribed terms, and there unethical practice shall we say with being economical with the truth, and proving it

 

I can still see the look on the face of welcomes advocate, priceless

[postggj]

No, you do not need to send to the court. Send to Hagarty by recorded delivery

 

Remember claim number etc

[postggj]

Keep those recorded delivery numbers

[postggj]

Yes, it is important in regarding practice direction/pre action protocol and the issue of costs

[postggj]

Wait for a response from hagarty

 

Watch the time scales though to submit a defence

 

Give it 10 days and lets see what any response brings

 

CONFIRM YOU HAVE ACKNOWLEDGED THE CLAIM

[postggj]

Great, lets leave it till the response then or we do the defence in a couple of weeks

[postggj]

I have used a graphologist myself against welcome, it scared the hell out of them

 

You need to get a copy of your credit file and save it. We need to show the account has been officially defaulted with the credit agencies. Sign up for Experian free trial and cancel before the 30 day trial deadline

 

Hagarty are playing this angle as they know the default notices welcome gave out were a pile of crap

 

Please do it as quick as you can before Hagerty changes the status and removes the default from your credit file

[postggj]

Sorry if i keep on repeating myself

 

What is the date the claim was issued??

 

watching time scales

[postggj]

Thats fine, plenty of time to submit the defence

 

What chance have you on getting Graphologist report on the signature

 

It cost me £200, but that was nearly 5 years ago,

 

The default marker issue will not be settled until they withdraw the claim

[postggj]

Quick question Andy

 

If an expert witness testimony is needed and the professional instructed,

 

Can the cost of that instruction be claimed back if the claimant withdraws after instruction, or the defendant is successful in defending

 

Evidence submitted via a statement of truth, and no personal appearence to give evidence

 

Do you need to inform the claimant of your intentions prior to instructing an expert witness, prior to any case management stage

[postggj]

Costs can be claimed if required but that's why i state use it as leverage at this stage.If that does not frighten them and they wish to proceed then instruct and yes you would have to signify within the DQ that an expert has been approached.

 

Thanks for the confirmation

[postggj]

what do I do now though, how do I construct a defence

 

I realise this sounds daft, but at this moment

 

What are the reasons you perceive to defend this claim in your mind

 

What i am getting at is that you need to understand any defence submitted as you may be challenged to account for any statement made

 

Any subjective comments made and based on nothing on a hunch as an example, and failure to substantiate any statement with facts will be jumped on by the other side

[postggj]

All i will say is that these signature irregularities are nothing new.

 

 

dx100 will no doubt agree with me.

 

 

You need to remember the culture in the welcome offices where individual office sales targets,

and rewarded with rather large bonus payment to those individuals.

 

 

The forced sale of all that insurance crap is a prime example.

 

 

All i will say is that financial irregularities came to the surface a few years ago

 

 

and it collapsed welcome and their parent company Cattle's PLC, A FTSE 250 company

[postggj]

Do not worry so much on proving it, that is a judge to decide. He uses. and has the power of Judicial Interpretation with a common sense approach on reaching his decisions. Remember, it is for the plaintiff to prove their case, A lot of these cases never go in front of a judge as the claimant withdraws once you start asking for specific documents, and they do not have them.

 

Anything now associated with welcome is classed as a "toxic debt" after various debt collection agencies got burnt after the collapse of yes car. Welcome adopted the same business model as yescar.

[postggj]

Directors were not prosecuted, they were moved on, it was rather politically sensitive at the time as a Local Authority had their pension fund sunk into Cattles. I have no doubt some deal was reached to wind up welcome on the QT. But you will never be able to prove it.

 

The default issue will be what wins you this claim, as long as you have a print out of your credit file showing the account as officially defaulted, welcome in my opinion have no case

[postggj]

Your credit file is showing as the account has been settled in JANUARY 2007,

 

HOW MANY LOANS HAVE YOU HAD WITH WELCOME

 

THIS IS SMELLING OF MULTIPLE RE-WRITES

[postggj]

Crafty barstewards are suing you for a lone that you have settled

 

why have they a settlement date of 24/09/2008 when the account was only opened 23/07/2008

 

According to the statement 24/09/2008 that was when the funds were paid (settlement date)

 

The agreement provided is the 12/09/ 2008

 

This is really starting to smell bad

 

now i am confused

Edited June 20, 2013 by postggj

[postggj]

Can you get a copy of a bank statement saying when the funds were transferred or did they give you a cheque

[postggj]

I think it is best we start again for clarity

 

1/ how many loans have you had in total

 

2/ does the loan agreement provided match the loan you are paying now

 

THAT RECEIPT WILL BE DYNAMITE

 

WILL YOUR BANK STATEMENT SHOW THIS PAYMENT??