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

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  • #181
    Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

    Thanks Kafka!

    Comment

    • #182
      Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

      I am putting my defence together, At the moment I can only think the default notice was not served as required - it was sent to address where I lived before I took the loan. Am I right to say it does not comply with law of property act 1925? As well IND confirmed there is no assignment and they purely act as agent to Welcome, as per PT:
      Originally posted by pt2537 View Post
      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
      If someone could point me in the right directions I would really appreciate it.

      Thank you in advance.
      Last edited by Haloo75; 11th February 2013, 23:33:PM.

      Comment

      • #183
        Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

        LoPA only covers Assignment. Default is process under the CCA and has to comply with that Act.
        • 1 thank

        Comment

        • #184
          Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

          Thank you, am I still right to say the default notice was not served correctly?

          Comment

          • #185
            Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

            That seems to be a flaw. Does it comply with its requirements?

            Comment

            • #186
              Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

              Unfortunately I am not sure, could you please point me where I can check the requirements? You can see it here: http://s1277.beta.photobucket.com/us...tml?sort=3&o=7

              Comment

              • #187
                Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                cant see the DN on here.

                Do you have the agreement?
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment

                • #188
                  Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                  Yes I do. All paperwork is here:

                  http://s1277.beta.photobucket.com/user/haloo75/library/

                  I have attached copies of DN and agreement in the next post too.
                  Last edited by Haloo75; 12th February 2013, 09:47:AM.

                  Comment

                  • #189
                    Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                    Hope this will work
                    Attached Files
                    Last edited by Haloo75; 12th February 2013, 17:47:PM.

                    Comment

                    • #190
                      Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                      I need to serve my defence by 4pm tomorrow, any one is able to help in such a short time?
                      • 1 thank

                      Comment

                      • #191
                        Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                        i cant see the documents posted, so i cannot look at them to see if they comply
                        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                        If you need to contact me please email me on Pt@roachpittis.co.uk .

                        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                        You can also follow my blog on consumer credit here.
                        • 1 thank

                        Comment

                        • #192
                          Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                          I don't know why pt can't see these and he's the one who is best to comment.

                          Regarding the DN dates there may be an issue because they are not stating a specific date for compliance. Instead its dated 3 Dec and they say 14 days from the date of notice, when the CCA 2006 requires 14 days for compliance, so that's not enough time. The new CCA lifted the time from 7 to 14 days, so there may be an issue there.
                          • 2 likes

                          Comment

                          • #193
                            Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                            Originally posted by Kafka View Post
                            I don't know why pt can't see these and he's the one who is best to comment.

                            Regarding the DN dates there may be an issue because they are not stating a specific date for compliance. Instead its dated 3 Dec and they say 14 days from the date of notice, when the CCA 2006 requires 14 days for compliance, so that's not enough time. The new CCA lifted the time from 7 to 14 days, so there may be an issue there.
                            It's mostly the agreement where the terms are not clearly legible even if you zoom in, a higher resolution picture or scan would make thing easier to read.

                            Comment

                            • #194
                              Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                              now ive seen the agreement, and the default, the obvious problem arises that the agreement had long come to an end, thus the Creditor could and probably would argue that they did not need a Default as the agreement has ended.

                              Im not sure on the figures in the agreement, i know welcome were poor at maths, but i cannot read the figures, so cannot really say
                              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Pt@roachpittis.co.uk .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.
                              • 1 thank

                              Comment

                              • #195
                                Re: In court with Welcome Finance Services/ Hegarty LLP – Please advice.

                                Indeed they were in this era, they ahd a habit of getting there charges in the wrong place, it is worth having a look at the figures.
                                • 1 thank

                                Comment

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