In court with Welcome Finance Services/ Hegarty LLP – Please advice.

[Haloo75]

Dear members,

I hope to get your advice on the court case with Welcome Finance/Hegarty LLP. It started when I have received Last letter before legal proceeding from IND Limited asking to pay 4.3k for debt with Welcome Finance.

On the 16^th June I have received Claim Form issued by Northampton County Court Bulk Centre dated 13^th June, hte claimant is Welcome Finance Services and Hegarty acts on their behalf.

Particulars of Claim states:

“The Claimant claims for sums due under a/various Credit Agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant.
The Agreement(s) was/were terminated upon the Defendant failure to comply 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 xxxxxxx balance of 4,3K as of 2/12/11.
Interest...and cost”

Reading various posts here I have acknowledge the service on the 21^st June intending to defend all of the claim and sent CPR 31.14 request to Hegarty LLP dated 21^st June by recorded mail. This request was delivered on the 26^th June. I have asked for copy of contract, default notice (not mentioned in particulars of claim but matching date of default notice mentioned in letter from IND Ltd and full statement of account)
On the 28^th I have received notice of change of solicitor from Welcome Finance Services dated 26^th June (the day when CPR request was delivered to Hegarty) stating that Hegarty has ceased to act for Welcome Finance and Welcome Finance Debt Account Manager will act in person.

Please advice what my next step should be? Shall I send another CPR 31.14 request to Welcome?

Am I right to say that I have time till 15^th July to prepare and send my defence?

I am thinking of writing defence as per Curlyben’s post in “Re: CL Finance/Howard Cohens, HELP!” thread.

What the change of solicitor means? Do the play on time, or do not have any paperwork?

I would be very grateful for any advice.

Thank you in advance.

[miliitant]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

has welcome comfirmed yet (contacted you) that they are now acting instead of the solicitors instead of hegarty

do you have in your possession who is dealing with the claim for welcome


sorry if i keep repeating things

its just my way of confirming things

was the agreement re-written at any time

ie

extend the repayment period for lower payments

do you have the agreement

[Haloo75]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

Thank you for getting back to me, the only letter I have received is the notice of change of solicitor signed by Debt Account Manager (no name), no previous correspondence from welcome, the agreement was not re written as per my knowledge. I do not have a copy of it. I have not received default notice or anything from Welcome since 2006.

What do you think?

[miliitant]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

i would normally get the claimant to agree to extend the time to file a defence as to cpr 15.5 but i feel welcome as usual are trying to do a dirty on you

send welcome another cpr 31.14 request TO THE ADDRESS ON THE NOTICFICATION, letter welcome sent you saying they are going to be acting for themself.

say you need this information within 7 days of receipt to allow you to do a defence

SEND RECORDED/SPECIAL DELIVERY

DO NOT DO THE EMBARASSED OR ANY OTHER DEFENCE YET, ITS POINTLESS

LETS GET THIS THROWN OUT IN DUE COURSE

ask for

the agreement
default and termination notice
full statement of account
terms and conditions

did you have any of the insurance crap

when was the last payment made

pppi etc

[Haloo75]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

ok, thank you for advice. I will send another CPR 31.14 to Welcome on Monday asking for documents as per you post (the address is PO box, does it matter?), and CPR 15.5 as well. I won't submit defence as yet. Yes I had PPI, the last payment was made probably in mid 2007. In 2007 I got to such a trouble with repayments and life in general that I become homeless (well was sofa surfing with friends for few months) and lost track of things, bank account and all paperwork. I start from fresh few months later with new bank account and new job so I am not sure how long the direct debit repayments were taken from my old bank account but I assume it could not go for long as there was no money in the bank.

[basa48]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

It would be useful to know when and how the loan was agreed (on-line or by signed application).

Also why has the claim against you arisen. I suppose at some point you were unable to keep up the repayments? Have you ever agreed alternative/reduced payments?

Edit: Sorry your post above coincided with my queries. We still need to know when the agreement was taken out and if you recall signing it.

[miliitant]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

the agreement
default and termination notice
full statement of account
terms and conditions

as you had the ppi crap request also

THE INSURANCE UNDERWRITING SHEET, STATEMENT OF MEANS, AND STATEMENT OF PRICE

it is not mentioned in the poc but if they say no we do a part 18 request for the documents

do not mention about cpr 15.5 to welcome, they are doing a dirty on you

lets stick to the court time frame

if they do not comply, we apply for a strike out

lets get welcome to instigate the cpr 15.5, not you

they prob dont even know what that is

[Guest]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

sofa surfing

LOLLL

Checkin it out, miliitant's on the ball

Miliitant v Welcome, good luck to the poor blighters

"Your honour, Welcome are attempting to stay their failing company through false accounting - including MY account. They raised £200m through a rights issue on false accounts in 2007. Despite this, they were declared in default in March 2011. Simply, they denied the arrears on the loan book, and so did not process them properly - including mine. Welcome to the Real Reason why they never called on me before. Mis-selling, breach of fiduciary, overcharges, false presentation and unjust enrichment, yerhonour.com. Undoubtedly, will try to play the court, yerhonour"

(Please ignore me and take miliitant's advice. Just explaining).

[Haloo75]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

One more time thank you, I will do as you said Miliitant and will report on any correspondence from Welcome, Court. Basa it was signed agreement back in 2006.

[miliitant]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

Basa it was signed agreement back in 2006

thats good before the amendments came into effect

now lets get hold of that agreement and find any perscribed terms missing

[Haloo75]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

Hello! As advised I have posted another CPR directly to Welcome to the address on the Notice of Change of Solicitor by Special Delivery. The letter was delivered on the 3rd July and I have not heard back from them. What would you suggest in that case? Shall I wait longer, inform court that my request was ignored or file my defence? As always thank you so much for advice!

[miliitant]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

they have had enough time

we now go for a strike out

do you have £80 quid spare, which will be refunded to you

its for the n244 application notice to strike out

[Haloo75]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

Yes, should be ok. I have Google'd the form, What shall I write? Am I right to say I am applying for judgement to be set aside?

[miliitant]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

ill dig out my ipad

i have all the documents needed on their

give me 15 min

[miliitant]

Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

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