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

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  • #46
    Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

    one question what time limit I shall give them in the draft order? I.e. 1 "Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on 12 July 2012 pursuant to CPR 31.14" if I send it on Thursday 12th?

    Comment


    • #47
      Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

      the court will decide that normally but hang fire while i get confirmation

      i have sent a message to the site team, they will get back to this post later

      Comment


      • #48
        Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

        thank you so much! I will type all paperwork tomorrow and will wait for your confirmation.

        Comment


        • #49
          Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

          Good work militant cant remember who acted for WFS against me (of the top of my head) but it wasnt cl finance or mr carter. My claim was withdrawn mutually by consent due to the fact it was being disputed on a number of issues at the time their solicitors filed the court case. This case smells fishy as fook.

          Comment


          • #50
            Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

            one question what time limit I shall give them in the draft order? I.e. 1 "Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on 12 July 2012 pursuant to CPR 31.14"

            any takers yet on this question

            will the court fill inn the numerical dates, and if not, what would be an acceptable time scale

            SEE POST 38 UNDER DRAFT ORDER

            Comment


            • #51
              Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

              Draft orders are usually 'within xx days' as far as I am aware rather than a specific date - so as you have put on the front sheet I would keep it to 'within 14 days'


              ''Unless the Claimant complies with a request made by the Defendant on 12 July 2012 pursuant to CPR 31.14, within 14 days of this order, "..... the claim shall be struck out....
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #52
                Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                Post 38, Evidence box. Are all the dates correct? You refer to "contacting the claiment on 10/06/12". Should this be 10/07/12? Apologies if I'm mistaken but it looks as though you contacted them before letters were exchanged.

                Comment


                • #53
                  Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                  Originally posted by alsagerman View Post
                  Post 38, Evidence box. Are all the dates correct? You refer to "contacting the claiment on 10/06/12". Should this be 10/07/12? Apologies if I'm mistaken but it looks as though you contacted them before letters were exchanged.

                  well spotted that man

                  you are correct

                  it should read 10/07/2012 and not 10/06/2012

                  when the op types it out he needs to change that

                  it is just below point 10 on the n244 form
                  Last edited by miliitant; 11th July 2012, 19:04:PM.

                  Comment


                  • #54
                    Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                    Claim No: xxxxxx

                    Draft Order

                    1 Unless by 4:00pm on 26/07/2012 the Claimant complies with a request made by the Defendant on 12/07/2012 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [1] the agreement [2] the default notice and [3] the deed of assignment (4) A full statement of account the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

                    [ii] the Claimant shall pay the Defendant his costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

                    [i]2 In the event that the Claimant shall comply with this order,
                    [i] the Defendant shall file and serve a Defence by 4:00pm on 9/08/2012, 28 days from date of application and
                    [ii] the Claimant shall pay the Defendant his/her costs of this application



                    remember to change the date on the n1 claim form to 12/07/2012 as it still states the 10 july

                    remember the addrss to send to is the one welcome sent you to address all corresspondents to, the welcome finance one once they ditched haggerty

                    Comment


                    • #55
                      Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                      error
                      Last edited by miliitant; 11th July 2012, 18:59:PM.

                      Comment


                      • #56
                        Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                        let me know when you have typed it up

                        Comment


                        • #57
                          Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                          Again I can only say big thank you for your time and effort. I am going to type it now. Can I just double check (sorry if I am repeating myself or ask silly questions)? I am going to type the form N244 form and post it tomorrow to the court? the draft order should go to the court as well or to the welcome address from the change of solicitor notice or both? Shall I attached and mention the CPR request sent to Hegarty on the 21st June or the one sent to welcome (after the change of solicitor notice) from 1st July, or both? As well I think I might mix it up when I typed the 12th July i.e tomorrow when I will send the N244 form. Shall I put the date of original CPR request 21st June (sent to Hegarty) or 1st July (Welcome) or leave it as 12th July (date when I am posting the N244 form)? If you could clarify for me that would be great! Sorry If I sound like a muppet, which I definitely am in the legal field.

                          Comment


                          • #58
                            Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                            make a copy and send to the court, the court will inform welcome

                            lets not make it to easy for them

                            send the n244 form with the draft order on a seperate piece of A4 DIRECT TO THE COURT

                            enclose a copy of your original request cpr 31.14 request to haggerty (MARK IT A) 21/06/12
                            enclose a copy of the letter welcome sent stating haaggerty will no longer be representing welcome (MARK IT B) 28/06/12
                            ENCLOSE COPIES OF THE EMAIL SENT TO WELCOME/IND YESTERDAY REQUESTING EXTENSION AS TO CPR 15.5 (MARK IT C) 10/07/12


                            JUST GET THE STATEMENTS TYPED UP FIRST BOX 3 AND 10 ON THE N244 FORM

                            THE DATE ON THE N244 FORM WILL BE 12/07/12

                            ILL TELL YOU WHAT TO DO NEXT

                            REMEMBER THE EDIT I HAVE DONE IN POST 53
                            Last edited by miliitant; 11th July 2012, 20:18:PM.

                            Comment


                            • #59
                              Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                              n244 check list
                              name of court northampton ccbc county court
                              claim number same as on the n1 claim form 2zqxxxx
                              claimants name welcome financial services ltd
                              defendants name xxxxxxxxxxxxxx
                              date 12/07/2012


                              1/ your name
                              2/ defendant
                              3 first statement in post 38
                              4/ yes
                              5/ without a hearing
                              6/ just leave blank
                              7/ none
                              8/ district
                              9/ claimant
                              10 tick the evidence set out in the box below
                              then do the second statement, not forgetting the edit as to post 53

                              sign and date the form

                              Comment


                              • #60
                                Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                                ok, all typed in. the only thing I have spotted, I have not sent an e mail to welcome and IND as I was given only IND e mail address. What shall I do next?

                                Comment

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