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

[Haloo75]

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

I have uploaded paperwork from IND to Photobucket, please see link below: http://s1277.beta.photobucket.com/user/haloo75/library/

I have realised I have made cock up in hte N244 notice as I have asked for 1) the agreement, 2) the default notice 3)the termination notice 4) full statement of account and not for the deed of assignment
do you think there is a way around it?

Thank you as always for all advices

[miliitant]

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

no worries on the assignment as welcome are still the claimant on the court claim form

i will be in touch this afternoon

regards

[dogtired]

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

Miliitant, need your advice please, as you know Welcome got Mackenzie Hall involved and to date had no reply from them regarding if the Welcome alleged loan is legitimate.
In yesterdays post got letter from Nottingham, Welcomes address but with Mackenzie Hall Collections on the header.
No covering letter and no signed or dated "proof" just about eight double sided pages of statements.
Not paid them since February 2009 but the CCA fee I paid to Incasso is on there last Jan.
It also gives 0% interest since Juy last year but they have still added " "capitalisation"
Where do I stand, should I still do a letter before action.
The FOS have said they will try and chase Aviva despite me telling them this is more than likely to be a lost cause

[Haloo75]

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

do you think I should response to the letter from IND?
They said:

"Please confirm that within 7 days you will withdraw your Application or tell us what you think the outstanding issues are. We shall make on charges for photocopying.

More important please let us have fully particularised Defence or Admission within 21 days of the date of this letter.

Letter is dated 22nd November."

[Haloo75]

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

Help! I have received another letter from IND:

December 6 2012

Dear xxx

Welcome Financial Services Ltd vs xxxxxx - case no. xxxxx

We enclose a copy of our letter of 22nd of last month. Unless we hear from on or before 10 am on 12th Dec, we shall prepare documentation to resist your Application to the court, to be heard on 30-1-13.Such steps will increase costs and we shall show both of our letters to the Court when costs fall to be determined.

Your sincerely,

IND

I have no idea what to do, please help.

[alham]

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

You need to confirm to them ASAP what your outstanding issues are, i.e. deed of assignment, etc... to enable you to defend the case properly.

[pt2537]

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

You need to confirm to them ASAP what your outstanding issues are, i.e. deed of assignment, etc... to enable you to defend the case properly.

I would say the deed is not central to defending the case. I would be putting the Claimant to proof of the assignment and leave them to prove that they have a valid assignment.

[Haloo75]

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

thank you, what do you mean by "putting the Claimant to proof of the assignment"?

[pt2537]

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

thank you, what do you mean by "putting the Claimant to proof of the assignment"?

he who asserts must prove.

The Claimant claims to be an assignee of your account, they can be put to proof of a valid assignment.

If you have the other disclosures you need then you will be able to plead a defence id say, although, if the Claimant has disclosed as a result of your application then it technically has succeeded and the Claimant should be invited to pay the costs of the application.

[Haloo75]

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

Thank you pt. Shall I then response and ask IND to prove they are assignee of my account? Does it matter that the claimant is Welcome and all correspondence comes from IND? I am sorry if I ask silly questions, I have never dealt with courts before

[Haloo75]

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

I have responded to IND, saying:

"Dear Sir/Madam,
In response to your letter dated 22^nd November 2012 I would like to request deed of assignment to be provided as you claim to be assignee of the account and have not notified the Court you are acting for Welcome Financial Services Ltd in this case."

Not sure if this was the right thing to do, but that's all what I came up with to meet their deadline.

Their reply was:

"Thank you for your letter of 10th December. Please read the documentation again. To assist you a copy of the Letter Before Action is enclosed. There has been no assignment in this case. We are the Claimant's lawful Agent appointed to collect the debt, as the Letter Before Action confirms.

Please confirm you will withdraw your Application for disclosure because you've long since received the same.

IND"

They have attached copy of the Last Letter Before Proceedings:

"Welcome Financial Services Ltd has appointed IND LTD to collect the full outstanding balance owed by you to Welcome Financial Services Ltd relating to the accounts detailed above.

To discharge your outstanding balance you should make a payment of £4370.38 direct to IND Ltd now.
You should not make payment to Welcome Financial Services Ltd, as it will take significantly longer to process any such payment..."
and then the ways I can pay.
My question is, should IND prove they are lawful agent of Welcome?
Please advice what my response to IND should be and what to do with Application Notice I sent to court?
Thank you as always for your advice.

[pt2537]

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

If they are appointed by welcome then id question their entitlement to conduct litigation per Legal Services Act 2007. I do not see IND are anything other than debt collectors

[basa48]

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

he who asserts must prove.

The Claimant claims to be an assignee of your account, they can be put to proof of a valid assignment.

I'd be interested to know what constitutes proof of a valid assignment.

Is a 'hello' letter from the assignee enough?

[Haloo75]

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

Merry Christmas to all of my thread readers, thank you for all help and advices. Wishing you trouble free New Year!

[pt2537]

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

I'd be interested to know what constitutes proof of a valid assignment.

Is a 'hello' letter from the assignee enough?

yes mate it would be easily.

There are little form requirements on a notice of assignment. Denning made that clear in Van Lyn Developments