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

[Haloo75]

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

IND sent another letter dated 7th January enclosing their last letter they sent:

"We enclose a copy of our letter of 12th of last month and have not heard from.
Unless we hear from you by the 16th Jan confirming withdrawal of your Application, to be heard by the Court later this month, we shall arrange for representation to resist the same. We shall show our correspondence to the court,when claiming the costs of attendance from you.

IND"

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.

Following PT's post shall I write back to them and say I will withdraw my Application, as they sent documentation requested in the Application if they agree to pay cost of the Application? Or shall I wait for the court to decide?

Thank you as always for your advice.

[pt2537]

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

IND sent another letter dated 7th January enclosing their last letter they sent:

"We enclose a copy of our letter of 12th of last month and have not heard from.
Unless we hear from you by the 16th Jan confirming withdrawal of your Application, to be heard by the Court later this month, we shall arrange for representation to resist the same. We shall show our correspondence to the court,when claiming the costs of attendance from you.

IND"



Following PT's post shall I write back to them and say I will withdraw my Application, as they sent documentation requested in the Application if they agree to pay cost of the Application? Or shall I wait for the court to decide?

Thank you as always for your advice.

Well i did post that on 10th December 2012 so a while ago now, you may have lost some of the thrust of the argument if you have sat on your hands.

But lets look to the facts as i understand them, you asked for documents mentioned in the claim form? CPR rule 31.14 is clear that a party is entitled to inspect a document mentioned in a claim form. So, CPR rule 31.15 states clearly that the opponent shall provide the documents within 7 days of reciept of such a request.

If you applied because the Claimant failed to disclose then technically you had justifiable grounds to apply.

If after applying the Claimant then said "heres what you want" it has disclosed as a result of your application arguably.

Therefore, the general rule is costs follow the event which means the party who succeeds recovers his costs from the loser. In this case, your application succeeded, the Claimant should pay the costs of the app.

but there are also consequential matters to consider, in my humble opinion, the best way forward would be to agree a consent order, which A) Vacates the up coming hearing and b)states the Defendants time for filing the Defence is extended to............. (Approx 28 days from the date of the order and C) has a clause which says "The Claimant shall pay the Defendants costs of the application in the sum of ..... within 14 days of the date of this order.

Thats how i dispose of cases like this at work when the same scenario arises, if the Claimant refuses, then he is placing himself at risk of costs if you go to the hearing

[Haloo75]

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

Thank you very much PT, It was not wise of me to leave it without reply for so long. You are right to say IND did not respond to my CPR request and sent the documents only after Application was sent to court.
SO I will send a letter to IND asking to agree a consent order with all 3 clauses you mentioned. shall I send a copy to court as well or first wait for IND to respond?

[Haloo75]

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

ok, so I drafted letter to IND as per PT's advice:

"Dear Sir/Madam,
In response to your letter dated 7^th January 2013 I will withdraw my Application under the condition you agree a consent order, which A) Vacates the upcoming hearing and B) states the Defendants time for filing the Defence is extended to 28 days from the date of the order and C) has a clause which says "The Claimant shall pay the Defendants costs of the application in the sum of £80 within 14 days of the date of this order”.
Please confirm you agree."

Is it a right way of doing it or shall I sent the draft of consent order separately, in similar way to N244 application draft?

I read somewhere that the fee for consent order is £45, is this correct, and if shall I pay it or ask IND to cover the cost?

I am planning to post it during my lunch break today so I would be grateful for any comments!

[tracieo]

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

Hello,

I am about to have trouble with Welcome Finance too I suspect as I have been looking through my paperwork and understand that I have been well overpaying for this loan, taken out for £17,000 and repaying £360pm from Oct 2008 to date.

I now want to reach an agreement with Welcome to reduce interest rate so that payments are more manageable but after reading this thread now realise what they are like..

Sorry to hijack not sure about how to handle this or start new thread..

Thanks in anticipation of help.

[FlamingParrot]

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

Hello,

I am about to have trouble with Welcome Finance too I suspect as I have been looking through my paperwork and understand that I have been well overpaying for this loan, taken out for £17,000 and repaying £360pm from Oct 2008 to date.

I now want to reach an agreement with Welcome to reduce interest rate so that payments are more manageable but after reading this thread now realise what they are like..

Sorry to hijack not sure about how to handle this or start new thread..

Thanks in anticipation of help.

Is this loan secured or unsecured?

You can start a new thread here ---> http://www.legalbeagles.info/forums/...ewthread&f=250

[Haloo75]

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

Two letters came from IND today:

First:

"Wednesday,January 16 ,2013

Dear Mr xxx

Welcome Financial Services Ltd - Mr xxxxxx - case no. xxxxxx

Thank you for your letter of 14 January 2013 received today, coincidental with our first letter concerning the forthcoming Hearing.

We agree that the Hearing be vacated provided you write to the Court within the next seven days confirming that your Application is withdrawn, and send us a copy of the letter.

We agree, further, you have a period of twenty eight from today to file and serve your Defence, given that you have been in possession of the documentation for some considerable time.

The Claimant will not agree to pay your cost of Application but will agree to the sum of £80.00 to which you refer, being costs in the case.

You are welcome to telephone our Mr Kalaher should you have any queries.

We look forward to hearing from you within the next seven days.

Your sincerely.

IND"

and 2nd letter:

"Wednesday,January 16 ,2013

Dear Mr xxx

Welcome Financial services Ltd - Mr xxxxxx - case no. xxxxxx

Please find enclosed a copy of a document, to be found in the public domain, that illustrates a change of name of the Company with whom you made an Agreement and currently named Claimant.

accordingly we shall within next few days prepare a bundle of documents and lodge it with the Court. Of course you have had copies of all relevant documents for a long time now. We shall also arrange form the Claimant to be represented at the forthcoming Hearing on 30 Jan 2013 and shall ask that you pay the claimant's costs of resisting your Application, unless you confirm to us by return that you will withdraw the same.

Your sincerely.

IND"
attached is Certificate of Incorporation on change of name Company No. 133540

The Registrar of Companies for England and Wales herby certifies that PROGRESSIVE FINANCIAL SERVICES LIMITED
having by special resolution changed its name, is now incorporated under the name of
WELCOME FINANCIAL SERVICES LIMITED
Given at Companies House, Cardiff, the 1st December 2006.

Please advice if I am right to wait for the hearing and claim the cost of application, or shall I agree and withdrawn the application?
Am I right to say IND is trying to move the application fee to cost of the case in case they win and I won't be able to claim it?

Thank you as always for advice.

[Haloo75]

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

I think my time is running out, so I will wait for the hearing and face the consequences.
Could someone advice me how to prepare the defence? PT mentioned earlier

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

Can I hold my defence on that?

As well, what will happen if IND wins the case, the original amount is just under 5k, what the total costs might be?
What are the chances to avoid CCJ?

Please help!

I admit, I do not have any understanding or knowledge of law or legal system, luckily for me Miliitant run it for me - and I am thankful for the rest of my life for that, but now due to the accident he is not around and I do not know what to do

Shall I bring the fact that Welcome is the claimant not IND during the hearing? I assume the person who will act for IND is their employee, shall I flag it to the court saying the notice of change of solicitor shows that Welcome Debt Manager will act in person (not IND)? Will that work?

Please help!

[Haloo75]

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

Is it a right thing to do? I am so confused....

[pt2537]

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

I think my time is running out, so I will wait for the hearing and face the consequences.
Could someone advice me how to prepare the defence? PT mentioned earlier
Can I hold my defence on that?

As well, what will happen if IND wins the case, the original amount is just under 5k, what the total costs might be?
What are the chances to avoid CCJ?

Please help!

I admit, I do not have any understanding or knowledge of law or legal system, luckily for me Miliitant run it for me - and I am thankful for the rest of my life for that, but now due to the accident he is not around and I do not know what to do

Shall I bring the fact that Welcome is the claimant not IND during the hearing? I assume the person who will act for IND is their employee, shall I flag it to the court saying the notice of change of solicitor shows that Welcome Debt Manager will act in person (not IND)? Will that work?

Please help!

Its all about doing what is safe for you and which protects your position.

The Claimant failed to comply with your request under CPR rule 31.14 and thus placed you in a position whereby you had to apply.

You applied, they then disclosed the documents you wanted.

So therefore your application succeeded.

The question now is how best to dispose of that application.

My suggestion would be to approach the Claimant and ask them to agree to costs of the application be costs in the case if your getting worried.

This means the costs are dealt with at the end of the case.

[Haloo75]

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

Thank you very much for getting back to me PT, IND agreed to for the cost of application to be cost in the case. I had a thought over the night last night, and i am going to write to court and withdraw my application attaching letter from IND (please see post 157). I am posting letter to the court today and send a copy to IND.
it will give me time till 13th February to file the defence.
Is there anything else I should be aware of on this stage?

[pt2537]

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

Thank you very much for getting back to me PT, IND agreed to for the cost of application to be cost in the case. I had a thought over the night last night, and i am going to write to court and withdraw my application attaching letter from IND (please see post 157). I am posting letter to the court today and send a copy to IND.
it will give me time till 13th February to file the defence.
Is there anything else I should be aware of on this stage?

NO!!! dont do that

Get a consent order drawn up with them and get it filed at the Court so the hearing is vacated and above all you have directions allowing you to enter a defence etc

[tracieo]

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

Secured, sorry

[Haloo75]

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

Hi PT, thank you! Luckily I was busy at work and have not had a time to type the letter. Can I just confirm, I will draft the consent order and send it to IND to approve, then send it to court, paying £45? Please confirm.
Or shall I post the consent order directly to court along with letter from IND confirming they agree + letter where they state they represent Welcome. (When I looked at the paperwork they provided I realised they send correspondence to Court on Welcome headed paper)

I am just worried the hearing is next Wednesday I might run out of time to post the consent order to IND first wait for their response and then post it to court?

Please advice

[Haloo75]

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

I have an idea, I will draft the consent order and e mail it to IND tomorrow morning, asking to confirm by e mail by 16:00 they are happy with it and will follow up with a phone call to Mr Kalaher they mentioned in their last letter.
I can then send the order to Court along with e mail confirmation and letter they sent.

Do you think it will work?