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Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

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  • #1

    Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

    Hi, I'm wondering if someone can help me, as I've received a claim from these for a loan of £2000 which I took out in 2006.

    I'm 100% certain I was mis-sold the PPI as I sent the forms off with that part unticked, which they RETURNED advising I must tick the box for it in order to complete the loan.

    I only heard from this IND Ltd in the middle of last month for the first time, I hadn't heard from Welcome nor anyone related to them for nearly 3 years prior to this at all!

    I just need to know what to do as I'm certain that the majority of the sum (nearly 3,000-odd at least) is made of interest and charges due to the PPI (I likely would have settled the original loan had the PPI not been bolted on to it!).

    I actually rang the FSCS number this morning to look into making a claim against Welcome for the PPI, when a woman advised me that I should contact the broker who initiated the loan - they are UCC Plc (Unsecured Credit Company Plc) - which has been in liquidation since May 2010 according to Companies House; also the number given of 0870 7773277 is no longer in service.

    Everything I have is pretty much what you see on here today...
    Attached Files
    Last edited by Jimmy Jangle; 13th May 2013, 14:05:PM.
    Tags: None
    • 1 thank
  • #2
    Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

    When will these welcome loans end, they are a canker on everything the CCA stands for

    1/ do you have a copy of the agreement
    2/ who is the claimant on the court claim form
    3/ please write out or scan the claim form word for word the particulars of claim
    • 1 thank

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    • #3
      Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

      Originally posted by FORCEOFONE View Post
      When will these welcome loans end, they are a canker on everything the CCA stands for

      1/ do you have a copy of the agreement
      2/ who is the claimant on the court claim form
      3/ please write out or scan the claim form word for word the particulars of claim
      You'll find the PoC on page 6 of the PDF attached above. :nerd:
      • 1 thank

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      • #4
        Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

        Yep, got it now, just done a PDF update

        Give me 10 minutes

        Comment

        • #5
          Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

          Do you have the agreement
          Default notice
          Full statement of account

          Has the agreement been terminated by welcome

          Comment

          • #6
            Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

            Sorry, also going through this with some people on the CAG, but I'll take help where I can get it!

            Sent CPR 31.14 (with part 18 request in same envelope).

            Received the attached (no part 18 though despite the above).

            Did calculation of all fees applied by Welcome (attached)

            Have deduced the below:

            1. The total amount payable of the loan was £5,614.20 (36 months @ £155.95)

            2. The amount I paid towards the loan through direct debits and debit cards came to the sum of £5,097.64, as per the statement received in response to my CPR 31.14 - for the majority of the loan period, the DD payments were higher, and were aimed at reducing the balance as advised by Welcome

            3. The PPI refund was for the value of £1,544.55

            4. Ergo, the total paid back to the account was £6642.19

            5. As per my spreadsheet of penalty fees:

            CLAIM CALCULATION
            Total of Charges £473.57
            Compound interest £5,483.71
            Total £5,957.28

            6. No default notice that I can see - checked CRA's and nothing showing either; no response to the CPR part 18 although the request went in the same envelope as the 31.14.

            Any ideas on what I should base the defence on? I was going to suggest that I pretty much paid the balance, and the amount of the claim is all unlawful fees?

            [EDIT - replaced penalty charges sheet with accurate file and updated claim calculation]
            Attached Files
            Last edited by Jimmy Jangle; 30th May 2013, 12:06:PM.
            • 2 likes

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            • #7
              Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

              Jimmy, you may want to look at this other thread, where the OP is also in court with Welcome: http://www.legalbeagles.info/forums/...037#post346037 :thumb:
              • 1 thank

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              • #8
                Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                I've DM'd someone about this, hopefully I can get things moving soon, as I don't want to wait until the last minute to file a defence...:tinysmile_kiss_t4:
                • 1 thank

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                • #9
                  Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                  Originally posted by Jimmy Jangle View Post
                  I've DM'd someone about this, hopefully I can get things moving soon, as I don't want to wait until the last minute to file a defence...:tinysmile_kiss_t4:
                  Well done! :thumb:

                  No, you certainly DON'T want to wait till the last minute! :clock:
                  • 2 likes

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                  • #10
                    Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                    Thanks,

                    Just at a glance of the stuff, would you say I have a case?

                    Comment

                    • #11
                      Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                      I also signed up for Noddle.

                      Have a look at the screencap attached - it's apparently never defaulted - WTF? :tinysmile_aha_t:
                      Attached Files
                      • 2 likes

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                      • #12
                        Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                        the red dots are Default mate.

                        The "8" indicate Default status

                        May i ask are you sure on your figures that you paid the the debt off?

                        I note with interest that the agreement says they charge £5 to contact you, yet they have charged you £10 and that seems very questionable indeed.
                        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.
                        • 4 likes

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                        • #13
                          Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                          All figures are correct as per the statement I've attached. I just find it odd, as there is another account on my report with the status as default, and I've never received a default notice for this.

                          Comment

                          • #14
                            Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                            I dont think they need a Default notice, do they? this was a fixed sum loan, over 36 months, and given that the 36 months have expired, the agreement has ended and the creditor would only need a DN if he wished to take advantage of the provisions of s87 CCA 1974. Given the agreement ended, he is entitled to all the sums immediately.
                            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.
                            • 2 likes

                            Comment

                            • #15
                              Re: Court Claim from IND Ltd/Hegarty LLP for Welcome Loan - Help!

                              But have i got a chance of sorting this? I paid over £5k myself then had a PPI refund. This balance must just be based on those fees alone?
                              • 1 thank

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