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

[Guest]

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?

Hi Haloo,

I hope things are going well in your case. I see your usual advisers are not around, so I thought I'd offer this. In my current court case (hearing tommorrow), I have been guided in all important decisions to do something that may be impossible to achieve for a long, long time. This is because it may involve a level of trust that many of us are not yet capable of. That is, to lay aside all judgements (thoughts of could, should, would, will, may, might, must, etc), and ask only what I really WANT in every circumstance.

It has worked.
Cheers

[Haloo75]

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

Thank you! You are right. I was depressed for the past few days to the extend it affected my rational thinking! You are right - I am here to win! And with help of all the great people on this site I will achieve it!

Long live the fighters!

and I wish you all the best for your hearing tomorrow!

[Guest]

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

Thank you! You are right. I was depressed for the past few days to the extend it affected my rational thinking! You are right - I am here to win! And with help of all the great people on this site I will achieve it!

Long live the fighters!

and I wish you all the best for your hearing tomorrow!

HA HA!! Well done - state of mind is everything!
And thanks... :clgblinkie171:

[pt2537]

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?

Why not ask them to draft the order

I often draft orders where the opponent DCA is acting in person as were supposed to assist the LIP even if they are a DCA.

I would get on the phone with them and ask the to draft the order and email it to you

[alham]

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

Yes, I was thinking the same. And their client will be paying for it!!!!!!

[Haloo75]

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

I have e mailed IND yesterday and followed up with a call today, they claimed they have not seen my e mail so I have resent it today. They said they are happy for the consent order to be sent to the court. The guy I spoke to was very friendly and polite (strange). He asked me for my phone number in case he wants to speak to me and said they will sort it this morning. Copy of my correspondence below:

"Dear xxxx,

Nice to talk to you on the phone just now. As discussed, please find copy of the e mail sent yesterday below.
If you find it easier I am happy for you to submit the consent order to the Court after I approve it via email.

Could you be kind to confirm you received this e mail?

Any questions please do not hesitate to contact me on xxxxxxxxxxxx or via e mail.

Many Best Wishes,

xxxxxxxxxxx


From: xxxxxxxxxxxxxxxxx
Sent: 23 January 2013 13:10
To: enq@ind.co.uk
Cc: xxxxxx
Subject: Re Case number XXXXXXX Welcome Financial Services ltd – XXXXXXXXXXX

Dear Sir/Madam,

Thank you for your letter dated 16th January 2013. I am happy to agree for the cost of Application of £80.00 being costs in the case, meaning the costs are dealt with at the end of the case and withdraw my Application under the condition
you draft the consent order which includes:

1. The Hearing is vacated and the Application is withdrawn by Defendant.
2. Defendant has period of twenty eight to file and serve the Defence.
3. Claimant agree to the sum of £80.00 being costs in the case.


and e mail it to me by 12:00 tomorrow 24th January 2013 to allow me to submit it to the Court by recorded delivery in timely manner and withdraw my Application.

I will follow up with the phone call to Mr xxxx as advised in your letter.

Looking forward to hearing from you.

Best Wishes,

xxxxxx"

[Haloo75]

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

They called me back and insisted to go through it over the phone, which i am not happy about really. I will e mail them back saying I will prefer to stick to my e mail, and ask I am waiting for the draft.

[Haloo75]

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

I am writing to IND saying:

Dear xxxx

Thank you for your phone call following my e mail correspondence from today and I am glad you have confirmed you received my e mail. I would appreciate if you could send the draft as agreed during our initial conversation this morning. I am sure you understand I want to revise the draft in my own peace, before approving rather than discuss it over the phone as suggested.


Looking forward to receive the draft.

Best Wishes,

xxxxx

[Haloo75]

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

No reply from IND as yet. They tricked me into phone conversation, and I forgot what everyone says about avoiding dealing with this lot on the phone. I will follow up on the e mail again tomorrow and If they won't respond will have to go to the court I assume.

Is there anything I should watch for or be aware of on this stage?

[Haloo75]

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

PT could you please advice what your thoughts are on today's development?
Thank you in advance!

[alham]

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

I have e mailed IND yesterday and followed up with a call today, they claimed they have not seen my e mail so I have resent it today. They said they are happy for the consent order to be sent to the court. The guy I spoke to was very friendly and polite (strange). He asked me for my phone number in case he wants to speak to me and said they will sort it this morning. Copy of my correspondence below:

"Dear xxxx,

Nice to talk to you on the phone just now. As discussed, please find copy of the e mail sent yesterday below.
If you find it easier I am happy for you to submit the consent order to the Court after I approve it via email.

Could you be kind to confirm you received this e mail?

Any questions please do not hesitate to contact me on xxxxxxxxxxxx or via e mail.

Many Best Wishes,

xxxxxxxxxxx


From: xxxxxxxxxxxxxxxxx
Sent: 23 January 2013 13:10
To: enq@ind.co.uk
Cc: xxxxxx
Subject: Re Case number XXXXXXX Welcome Financial Services ltd – XXXXXXXXXXX

Dear Sir/Madam,
Ref: [YOUR CASE NUMBER, CLAIMANT vs DEFENDANT]
Thank you for your letter dated 16th January 2013. Whereas the Claimant submitted requested information on[DATE] and, as a result, the terms of the application have been satisfied the Claimant and the Defendant agree for the cost of Application of £80.00 being costs in the case, meaning the costs are dealt with at the end of the case and the Defendant withdraw the Application under the condition
the Claimant agree to a the consent order which includes:

1. The Hearing is vacated and the Application is withdrawn by Defendant.
2. Defendant has period of twenty eight days from the date of this letter to file and serve the Defence.
3. Claimant agree to the sum of £80.00 being costs in the case.


and e mail it to me by 12:00 tomorrow 24th January 2013 to allow me to submit it to the Court by recorded delivery in timely manner and withdraw my Application.

I will follow up with the phone call to Mr xxxx as advised in your letter.

Looking forward to hearing from you.

Best Wishes,

xxxxxx"

If you don't hear from them by tomorrow, how about sending a letter as changed above to the solicitors with a copy to court. It will act like a consent order anyway.

[Haloo75]

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

Thank you very much Alham, can I double check? this should be addressed to IND or Court on the letter? As well do I need to attach payment of £45? Please confirm.

[Haloo75]

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

IND came back to me by e mail:

"Dear Sir
Whilst I'm prepared to be helpful in agreeing a draft order contemporaneously but this is your Application and therefore the onus fall upon you f to prepare the Order for me to approve. I am not prepared to prepare a document only for you to amend it in your own peace. There is sufficient information in the exchange of e-mails to satisfy the Court. Please draft your Order over the weekend and I will deal with it on Monday.

Solicitor"

I am sending letter as Alham adviced tomorrow to court and IND by recorded mail..

[Haloo75]

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

So the consent order went through and I have received letter from court ordering:

1. No order on the Defendant's application
2. The Defendant must file and serve a CPR complient Defence by 4:00pm on 13 February 2013
3. The court fee on the Defendant's application be costs in the case.

So I have few days left to file and serve the defence.

PT mentioned to do what safe for me, and I am not sure if I am able to come up with CPR defence able to win.
Is it better to admit the debt and file form N9A (I have stated I will defend the claim when acknowledge was sent), or is it to late?
What to do now to minimise the damage?

Thank you for advice.

[Kafka]

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

:bump2: