Welcome Finance / Hegarty LLP Court Proceedings - Urgent Help Needed !!!

[danpe]

Hello Everyone,

 

I am a new user and I am not sure how to use forums

 

I have been facing Court proceedings started by Hegarty LLP against me as a result of a loan taken from Welcome Finance.

My story is very similar to the others, however it is somehow different and I still hope I could defend it.

 

I took a loan from Welcome Finance of £2500 in September 2007. I was forced to take a PPI as it was required to have a loan granted I was told. What surprised me was the fact the PPI for the entire period of loan was added at once to the loan sum and the interest at the same silly rate was added on top of that.

 

I made one payment only and lost my job. I tried to claim the PPI but as I was forced to resign from work (constructive/unfair dismissal) they refused to accept my claim until my case was concluded before Employment Tribunal so that I could proof I did not resign voluntary. They gave me six months to make the claim so I could not make it at all.

 

In meantime WF was trying to recover the outstanding debt by sending doorstep collectors.

They did not accept my excuses about the fact I lost my job and had the PPI claim problem.

 

In March 2008 I found a new job, cancelled the PPI (at least tried to do so) and made the repayment offer ([ATTACH=CONFIG]44468[/ATTACH]). But despite several phone calls they ignored it, demanding the entire loan to be paid back at once.

 

I have not heard from WF for the last 5 years apart from the default logged on my credit file in 2011 (4 years after I made the last payment!?). They did not send the default letter to me at all.

 

Two weeks ago I received Court claim ([ATTACH=CONFIG]44467[/ATTACH]) without any pre-action letters. After advised by solicitor (could afford only one a £120 fixed price appointment) I acknowledged the claim online with intention to defend it.

 

As I wanted to save myself from getting CCJ solicitor advised me to send the "without prejudice" offer ([ATTACH=CONFIG]44469[/ATTACH][ATTACH=CONFIG]44470[/ATTACH]) to Hegarty LLP assuring me they will have to pass it over to WF.

It was delivered by 1pm last Friday.

 

I called them today to ensure if they have received it and intend to consider my offer. Firstly they did not want to talk to me as the date of birth on their system was different from mine. In the end they asked me if I acknowledge the claimed sum. I said I don't but to save myself from getting CCJ I can pay all the money they claim should my £50 a month offer be accepted. After that they advised me that once I acknowledged the Court claim it has to be dealt by Court and they won't sent my offer to WF at all.

 

I am left with 8 days to prepare my defense. I don't even have the loan agreement which was lost when we were evicted.

We are repaying all other debts regularly for years now, thinking of having a mortgage and buying a property soon and now this... Should I get the CCJ, we will lose our last chance of buying our own house as I am 38 now and in six years time it will be to late for the first buy.

 

I never denied I took the loan. But I could not pay it back firstly because I lost my job and could not claim the PPI, secondly I had to wait for them to accept the PPI cancellation which I had my right to cancel. As they never responded I did not see the point of paying anything.

 

Now after five years, without a single letter County Court claim against me.

 

I am a lone parent with two dependent children. We have enough worries about day to day living. I am desperate.

 

Can anyone help us, please?

Is there a chance of avoiding the CCJ against me?

 

 

Thank you in advance.

 

Kind regards Everyone,

Daniel

[steampowered]

Have you checked the terms and conditions of the PPI to see whether you are eligible, or did you just accept their word for it? If so perhaps post up a copy as it is possible you may have a counterclaim here?

 

Please can you type out the exact wording of the Particulars of Claim?

[danpe]

Thank you for reply.

My PPI policy states under "What is not covered": We will not pay for any unemployment if you have resigned or taken voluntary redundancy.

I couldn't find anything about unfair dismissal nor about time limit to make the claim apart from: "It is important to register your claim as soon as possible with Direct Group."

 

The policy schedule is a 20 page booklet so it would be difficult to post it here.

 

With regards to Claim wording, I attached the copy as the jpg file. Didn't see until now it can't be read due to poor quality.?.

 

Particulars of claim:

The Claimant claims for sums due under Fixed-Sum Loan Agreement(s) regulated by the Consumer Credit Act 1974 entered into between the Claimant and Defendant. The Defendant failed to pay the contractual instalments in compliance with the terms of the Agreement(s). The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

And the Claimant Claims:

Personal Loan Account number XXXXXX balance of 5,469.35 as of 5/12/11. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 5/12/11 to 16/5/13 of 632.94 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 1.20 AND Costs.

[danpe]

Just an update.

I am sending the CPR 31.14 Request today.

I am still not sure if can do anything to help it.

Can anyone tell me if I can still avoid the CCJ in my case, please?

Many thanks!

[danpe]

I have noticed that my posts do not come up in "New posts" search results.

Is there any particular reason for this?

Thanks again.

[steampowered]

First thing: Have you filed your acknowledgement of service to get more time? What is the date of the claim form?

Have you made a s77/78 CCA request for a copy of the loan agreement as well? If not then do so.

 

Re-reading your post, I do not understand this part:

 

"I tried to claim the PPI but as I was forced to resign from work (constructive/unfair dismissal) they refused to accept my claim until my case was concluded before Employment Tribunal so that I could proof I did not resign voluntary. They gave me six months to make the claim so I could not make it at all."

 

Please explain what you mean? Are you saying that they accepted liability in cases of constructive dismissal; but imposed a six month time limit for making a claim? If so what basis is there in the terms and conditions for imposing a six month limit, and why did you not meet this limit? Did the Tribunal decide you were constructively dismissed?

 

It is possible that you have a counter-claim here, but it is going to need detailed analysis of your claim and careful review of the PPI policy.

[danpe]

Hi Steampowered, thanks for yor reply!

 

The date on claim form is 16/05/13. Yes, I have acknowledged it through online services and marked as I will defend the entire sum.

 

I hardly remember that times, least not in detail.

All I remember is that once my employer forced me to resign from work I called WF to make the PPI claim and was told they do not accept voluntary resignation cases.

They advised me to come back once my Employment Tribunal case is finalised and added I had 6 month to do so. I believed in what they said and never got it checked or confirmed.

The ET case took much longer than that and in the end I was offered a settlement by my former employer which I accepted.

 

Anyway, I did sent a letter to WF to cancel the PPI. It was six months after I lost my job as I believed it was useless.

This letter (copy attached but poor quality for some reason) included the cancellation of PPI and offer to make new, smaller payments towards the loan. All I wanted was the PPI money taken off the loan. They never responded to this letter. I called them several times to find out why. Once I was told I fallen to far behind with repayments and must be at least up to date to demand anything. A couple of other times they just put the phone down once realised I did not intend to make any payments.

 

What is CCA 77/78 ?

I requested the copy of loan agreement in CPR 31.14 request.

Is that wrong, please?

 

Many thank again.

[postggj]

Seems to me this is the usual PPI will not cover you on the phone excuse.

 

Did you get any response in writing as to why they stated the PPI will not be covered???

[danpe]

Hi Postggj,

No, I haven't received any letters nor any other communication from WF at all.

I had another PPI with my LloydsTsb credit card and scenario was exactly the same.

[postggj]

Have you done a DSAR on Welcome

 

Data Subject Access Request

[danpe]

Can anyone tell me if having proven that I sent a letter to cancel the PPI and offer the repayment which was ignored is any good for coming out the Court without CCJ. I always wanted to pay back what I owed them. They just kept pursuing me to pay everything back including PPI.

I have no idea what County Court trials look like. Does it mean that once in the Courts I have to get the CCJ.

Maybe it would be better to admit the entire sum, despite it would be unfair?

Why did they say that once I acknowledged the case thus has to go before Judge?

Is it better to defend what is unfair or admit everything they claim and forget about justice?

Shame I can't afford any further legal advice...

[postggj]

Do not admit anything

 

Please confirm

 

1/ Have you acknowledged the claim

2/ What is the date of the claim

[danpe]

Yes I acknowledged the claim online, marking as I disputed the entire sum.

The date of claim is 16/05/2013.

I am sending the CPR 31.14 (template borrowed from this forum) today.

[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.

 

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 the following document 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

[danpe]

Thanks a lot postggj!

Thanks to citizenB as well!

 

I had the 31.14 CPR printed out last night so I just sent it to Hegarty by recorded delivery. It was almost identical-I asked for the Pre-Action letters as I never received anything. By the way when spoke to them yesterday they said they produced the pre-action letter on 2/05/14 and exactly 14 days later submitted the court claim. I think they did not bother to send the letter to me at all. The fact they waited exactly 14 days only proofs they have no intention of any mediation at all.

 

The part 18 letter will need to be send tomorrow as I have no access to any printers till late tonight.

 

Can you calculate when is the dead line for my defence (claim date was 16/05/13 delivered by 22/05/13).

I am a little bit worried that if they respond to the 31.14 by 7th day it will be after my defence should be submitted.

 

Thank you for helping me out

[postggj]

I make it the 18th of this month

 

i have a defence up my sleeve as well

 

With the letter tomorrow, you can ask hagarty for an extension to file you defence under CPR 15.5

 

Do you wish an extension BUT they have to agree to it, do you have hagarty email address

Edited June 13, 2013 by postggj

[danpe]

I think it is worth trying to get the extension to see what is the sum they claim made of and what kind of pre-action letter they have. Apart from that I don't even have the Agreement. On the other hand at this point I am going to rely entirely on your advice so if you say we don't need the extension so it be ?

[postggj]

You are a bit late in sending the CPR requests, request an extension as to CPR 15.5

 

DO YOU HAVE HAGARTYS EMAIL ADDRESS

[danpe]

All I have is enquiries@hegarty.co.uk which I found on their website.

I can call them tomorrow and ask for the email address.

[danpe]

I am late indeed. I was given an advice which entirely relied on the offer letter which was ignored by them.

I will prepare the Part 18 letter including the extension request and will send it tomorrow.

 

Can I send the extension request by email, please?

[postggj]

No reason why not

 

email is classed as an official communication method now

[danpe]

I have one more question: We say extension request but in fact I cannot request it and can only ask for it.

Am I right?

Can they say no?

Is there any particular wording I should use to increase the chances?

 

Please.

 

Thank you very much indeed

[postggj]

They can say no

 

If they do we just send some sort of holding defence that you do not have the documents to construct a defence

 

A claimant will be unwise to say no, they will say yes most of the time

 

Just say you are waiting for the documents to be produced as to your CPR 31.14 request and that you respectfully request agreement to extend filing a defence as to CPR 15.5

 

When they email back and confirm, you must send that letter to the court

 

If no response by the 17th, shout on your thread very loud as that is d-day

 

EMAIL THAT REQUEST TONIGHT

[danpe]

Thanks again postggj!

 

Will keep the thread updated.

[danpe]

Extension request email sent

Letter printed out to be sent tomorrow