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

[pt2537]

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

I think you need to get a break down of the sums claimed against the payments made on the account.

Thats gotta be the starting point.

Maybe you could ask questions under CPR Rule 18 and obtain the answers.

[Jimmy Jangle]

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

I did send a CPR pt 18 request with the CPR 31.14 (same envelope, 31.14 stated that the pt 18 was attached), reads as follows:

"IN THE XXXXXXXXX county court
CLAIM NO:
BETWEEN:
XXXXXXXXXX
Claimant
and
XXXXXXXXXXX
Defendant
PART 18 - REQUEST FOR FURTHER INFORMATION
To: XXXXXXXXXX (claimant)
　
Please answer the following questions:
1. Upon what date was the last payment made on the account?
2. What was the source, method and amount of the payment?
3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:
a] Upon what date, for what amount and what was the date for remedy of the breach?
b] Was the issuance of the Default Notice noted in the communications log?
4. Does the amount claimed include charges, and if so what amount?
　
　
TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST
WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU"

All I got back was the files I attached prior, not even an acknowledgement of the pt 18, how should I approach this?

[pt2537]

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

I did send a CPR pt 18 request with the CPR 31.14 (same envelope, 31.14 stated that the pt 18 was attached), reads as follows:

"IN THE XXXXXXXXX county court
CLAIM NO:
BETWEEN:
XXXXXXXXXX
Claimant
and
XXXXXXXXXXX
Defendant
PART 18 - REQUEST FOR FURTHER INFORMATION
To: XXXXXXXXXX (claimant)
　
Please answer the following questions:
1. Upon what date was the last payment made on the account?
2. What was the source, method and amount of the payment?
3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:
a] Upon what date, for what amount and what was the date for remedy of the breach?
b] Was the issuance of the Default Notice noted in the communications log?
4. Does the amount claimed include charges, and if so what amount?
　
　
TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST
WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU"

All I got back was the files I attached prior, not even an acknowledgement of the pt 18, how should I approach this?

hmmm, not sure the questions are sufficiently precise really.

For example, one could say yes the Claim includes charges, it includes interest per the contract.

All because your question doesnt really ask the right question if you get what im saying.

I would have asked something like

1) Please clarify if the sum claimed includes Default / Late payment charges ? if so, please specify the date of each charge levied and the amount

[Jimmy Jangle]

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

True, but surely the issue is that they haven't responded to my CPR pt 18 request, what does that mean?

If I can reclaim the fees and associated interest, that should pretty much wipe out the amount I apparently owe, and stop this before it goes any further?

At the end of the day, all I want to do is see the back of this; I don't want money from them (even if I'm entitled to it), I feel I paid more than enough to clear the balance (you can see that from Sep 2008 through to Jan 2010 I was paying more than the monthly amount stated on the agreement).

I was really under the impression that the PPI refund was enough to settle the account; which is why I was quite surprised (to say the least) to hear from IND out of the blue, barely 2 weeks before the claim was filed.

[Jimmy Jangle]

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

OK, after a long time (in which time I submitted the defence and the claim was stayed), they lifted the stay on the claim, DQs have been submitted and they paid their fee in May. Hearing is due to take place on July 14th.

Defence I submitted is below:

"

1. I xxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by Welcome Financial Services Limited.


2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.


3. The Defendant admits that on 19th December 2006 he entered into an agreement with the Claimant, Progressive Financial Services Limited T/a Welcome Financial Services, now known as Welcome Financial Services Limited, which was an agreement regulated by the consumer credit Act 1974.


4. Paragraph 2 is not admitted or denied with regards to the contractual payments.

• The defendant initially experienced payment problems, which the defendant sought to resolve my making payments higher than the contractually stated rate of £155.95, as agreed with the Claimant.
• Payments made towards the account from January 2007 through to January 2010, consisting of debit card and direct debit payments, total £4,985.70.
• A subsequent refund of Payment Protection Insurance for the value of £1,544.55 was credited to the account on 18/02/2010.This was the result of the Defendant approaching the Claimant as a result of what he believed was the misselling of the aforementioned insurance by the Claimant.
• The sum total of credits to the account is £6,530.25.
• The Defendant contends that incorporated within the sum demanded by The Claimant are sums claimed for their administration fees, late payment charges and like provisions. It is denied (if it be alleged) that The Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by The Claimant by reason of late payment. The Defendant avers the incorporation of such claims is penal and unenforceable at law.
  

5. Paragraph 3 is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has reached the amount claimed for.


6. The Defendant signed the agreement on the 8th December 2006 and sent it to the Claimant to be processed. The Defendant subsequently received the agreement back, along with advice that the Payment Protection Insurance box had not been ticked on the agreement. The Defendant contacted the Claimant to advise he didn't wish to purchase the Insurance, at which point the Claimant advised that the PPI was required in order to receive the loan.


7. As the Defendant was told the insurance was mandatory, this would make it a charge for credit as opposed to credit itself, therefore the agreement has been improperly executed, and thus is unenforceable. The Defendant refers the court to the authorities of Watchtower Investments Limited v Payne [2001] EWCA Civ 1159 per Clarke LJ, repeated by Lloyd LJ in London North Securities v Meadows [2005] EWCA Civ 956 at paragraph 31. The insurance premium was a charge for credit within Regulation 4 of the Consumer Credit (Total Charge for Credit) Regulations 1980 and not covered by the exemptions in regulation 5. As the insurance premium was a condition of the loan, then it was a charge for credit, as per Wollerton v Black Horse Limited (2010) LTL 10/05/2010.



8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.


9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief"

If possible could anyone assist me with drafting a Witness Statement? Basically my defence boils down to their forcing me to take up PPI means the amount of credit is incorrectly stated on the agreement (should be £2,000, not £2978.63, as the premiums would be a charge for credit, and not part of the credit itself), therefore rendering the agreement unenforceable. There's also the issue of there being no notice of variation received between my signing the agreement and having the loan deposited, and them charging £10 to my account, when the charge was £5 on the agreement, and my belief that the amount claimed is made up of interest incurred due to these charges and the forced PPI.

Anyone OK to assist?

[Jimmy Jangle]

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

*Bumps*