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

[postggj]

[danpe]

I have posted the Part 18 letter for Monday guaranteed delivery.

I spoke to Hegarty about my email and was told they will grant the extension.

I should receive an email to confirm that.

The only worry is that I did not say anything about the lenght of extension in my email.

Hope it will be another 14 days.

 

Thank you for helping me once again.

[postggj]

Speak to hagarty again if needed and get them to send confirmation as to CPR 15.5 by email, tell them you need it to send to the court

 

You may end up with a judgement by default otherwise

 

The extension is an extra 28 days, not 14

[danpe]

Hi postggj,

I told them I need a confirmation and they said the have my email and will reply to it.

I will chase up if possible tomorrow or Monday otherwise.

Will keep you up to date.

Kind regards and thanks again-can't express how thankful I am.

[danpe]

Hi postggj,

 

I haven't received anything so sent another email today mentioning the fact they granted the extension and promised to send the confirmation email. Can we use it should they withhold with the response until my defence deadline?

 

I understand I need to send a letter to the Court once have an agreement confirmation and have to get it to the Court by 33rd day from the claim date. Can this be done by email instead?

 

I noticed that when used the moneyclaim.gov.uk for acknowledgment of the claim the acknowledgment was received two days after I submitted it so there are two different dates shown. I understand this service sends the documents to the Courts so there has to be some delay. How about the defence? What date applies?

 

PLEASE.

 

Will chase up by phone tomorrow.

Will keep the thread updated.

 

Thanks a million!

[postggj]

The defence will have to be submitted 33 days max from the date of the n1 claim form IF THE CLAIM IS ISSUED OUT OF NORTHAMPTON

 

If they fail to respond to the cpr 15.5 request, we will use that in the defence

[danpe]

I have spoken to Hegarty today and was told that the manager is currently working on my case.

I asked them to confirm either way if the extension has been granted or they changed their minds and was told the manager was on lunch and will contact me once back. It was two hours ago so I suspect they playing some kind of game with me.

[postggj]

Seems as usual they are playing games, update at 6pm and i will do a draft holding defence on non production of documents if you decide to use it

[danpe]

Haven't got neither an email not a phone call.

Still can't believe they would do that...

Firstly accepted my request and once saw the letters from me changed their minds.

I think that apart from ignoring my letter by Welcome Finance in 2008, not compliance by Hegarty with pre-action conduct there is something else such us the way they calculated the claimed sum.

It's in your hands now. Thank you again postggj!

[postggj]

give me an hour or so to post up a draft defence for you to stop getting a judgement by default, seems that is what they have been after, post up the dates you sent the request by email please, that's the CPR 15.5

 

when did you send the CPR 31.14 REQUEST, WAS IT BY RECODED DELIVERY AND HAVE YOU CHECKED IF IT HAS BEEN DELIVERED

[danpe]

I am away now and should be back in about 30mins.

 

All I remember is:

 

The CPR 15.5 request (did not include 15.5 wording in emails ??)

13/06 first email

14/06 phone call when they told me they will grant it and sent the confirmation email

16/06 chase up email

17/06 phone call when was told they will come back ASAP

 

CPR 31.14

12/06 by recorded delivery guaranteed 1pm 13/06 - did not check if delivered.

 

Part 18

13/06 guaranteed 1pm 14/06 - again not checked

 

Should be back at home soon and will check the delivery status.

[danpe]

Have got it checked:

CPR 31.14 sent 13/06 and delivered 14/06

Part 18 sent 14/06 and delivered 17/06

[postggj]

IN THE NORTHAMPTON (CCBC) COUNTY COURT

CLAIM BUMBER XXXXXX

 

BETWEEN

Welcome Financial Services Ltd

CLAIMANT

V

 

XX XXXX XXXXXX

DEFENDANT

DEFENCE

 

1.This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Claimant has yet to disclose any Agreement or contract as to the defendants CPR 31.14 Request. The claim fails to deal with the basic rules of CPR, even allowing the constraints of a bulk issuer.

 

2. The defendant has requested absolute proof as to any liability of the defendant to the claimant. A CPR 31.14 request has been sent to the claimant via recorded delivery on the 12/06/2013, and delivered 08/05/2013. No acknowledgement of that request has been received by the defendant.

 

3. The claimant has agreed to an extension to file a defence on the 14/06/2013 as to CPR 15.5 by telephone. A further email request for the CPR 15.5 confirmation was sent to the claimant on the 16/06/2013. The claimant has failed to confirm this agreement as to CPR 15.5 by letter through either the postal system, or email as a method of deliverance. The defendant made a final request for confirmation of extension as to CPR 15.5 by telephone on the 17/06/2013. The claimant has failed to either send confirmation or respond to this enquiry in any way.

4. No documents supporting this claim in the particulars have been attached despite a request under CPR 31.14, and as a result of this, the defendant is unable to plead in defence to this claim.

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original document he will rely on.

 

6. The particulars of claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

8. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions"

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

10. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim

 

 

Statement of Truth

I believe that the facts stated in this Defence of claim to be true.

 

NAME HERE

 

Dated this 17th June 2013.

 

 

Cut and paste this defence and submit on line to the court. just log on and you will be fine

 

GIVE IT A FEW HOURS BEFORE YOU DO SO OTHERS CAN COMMENT ON IT AS IT WAS A RUSH JOB, BUT THIS WILL STOP A JUDGEMENT BY DEFAULT

 

But you must send it tonight to the court

 

Remember Name, Claim Number etc

[danpe]

Thank you postggj!

 

If anyone wish to make any comment on this please do so.

I would greatly appreciate your help.

 

Many thanks and kind regards everyone!

[danpe]

Submited

Thank you postggj!

[postggj]

They will throw there toys out of the pram when they receive that

 

just update with a response when you have it

[danpe]

I have received three letters today.

 

First is a Notice of Sums in Arrears from Welcome Finance

 

Second and third one are from IND which I never heard about before.

They include:

 

Response to CPR 31.14 with

a) Agreement+Terms and Conditions copy of poor quality so that reading the figures or small print is almost impossible.

b) Statement with tens of TELEPHONE CALL and AD HOC fees. They got from £3269 to £5469 in 12 months!?! They even added a CAPITALISATION of £5468 so that my arrears got to £10937. However once registered this against my Credit Record the sum of £5468 was credited back to the account. The statement does not look like something I would entrust at all.

No Pre-Action letters mentioned in particulars of claim.

They mentioned here that the extension to submit my defence has been granted.

 

Response to Part 18 request with

a) Date, amount and method of payment which was done on 15 November 2007

b) Information that the Default Notice was not required as the claim is based on arrears. If not required how did it get on to my Credit file?

 

No sign of the PPI cancellation letter I sent to them in March 2008.

 

???

[Jimmy Jangle]

They did exactly the same to me with "Add Hoc Fees" and so on.

 

What they did is sucker people into taking a subsequent loan when the the first term ends; because, while you expect the balance to be cleared/low enough to settle, they've charged interest on the fees, so all your payments were doing was skimming off the top, and the interest would render your payments virtually worthless.

 

I really hope these SOBs get what's coming to them, it's bloody criminal.

[postggj]

So they have now agreed the extension as to CPR 15.5 have they, that is 2 days after the dead line to submit the defence to the court has passed, that is convenient (NOT). They will now have to answer the defence submitted. Time is now on our side, lets see what the postman brings from Hagarty

 

Get a print out of your credit file showing the welcome default, it might be under IND if not welcome, but get a print out, take up Experian on their 30 day free offer if you have to, then cancel before the 30 days are up

Edited June 19, 2013 by postggj

[danpe]

Just checked my credit record.

They kept updating it for 4 years showing that I was 6 months behind (???) and then placed the default.

After that they changed the amount from £5469 to £10937 for 7 months despite the statement they sent out shows the 10k was only for a couple of days after they added some weird capitalisation and credited it back soon afterwards.

In fact they managed to damage my credit record for 10 years updating it for 4 years until registering the default for another 6 years. Actually it could be more should I get the CCJ.

We have been waiting for so long for my credit record to improve, dreaming of getting a mortgage one day.

We had gone through a terrible things 5 years ago when I lost my job and our finances completely collapsed. I have lost my car and got evicted. Still have a goose flash when think about those days....

 

This is mostly a memory only and all the debts are regularly paid back as everyone seemed to be so sympathetic and accepted my small but regular repayments.

 

Only these bastards... firstly forced me to take the PPI making the loan so expensive and when it did not work refused to cancel it.

 

I would have a CCJ already if you did not help me and all our plans of buying a house would be ruined forever.

 

I am sorry...

 

I am really grateful to this forum and you postggj!

Even if they get what they want I am not alone with this crap anymore.

 

Thank you!

[postggj]

Print off your credit file

 

We need evidence that your credit file shows the account as officially defaulted by welcome

 

Hagarty are saying this is not the case and they do not need to supply a default notice

 

Be quick before they remove the default status from your credit file

[danpe]

Got it saved and printed

[danpe]

I have a letter from Northampton Court confirming they have received my defence and will send it to the Claimant.

[postggj]

Ball is in their court now

 

Keep your thread updated

[danpe]

Hi Everyone,

What is (if any) the time limit for the Claimant to respond to my defence, please?

I found somewhere here that they leave it for the very last minute which makes sense to me, however couldn't find how many days it is.

It is been over 3 weeks since I filed my defence.

Thanks a lot