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    • No, do the section 75 chargeback to your credit card provider.
    • See what dx thinks but it seems to me that sending a photo of your own pass isn't relevant to what happened. Let's wait and see what he says. HB
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    • I received the promised call back from the Saga man today who informed me that the undertakers have decreed it IS a modification and they will need to recalculate a quote individually for me. However it all sounds very arbitrary. The more I think about it, and with help from forum replies, the more I am sure that it is not a modification. If for example the original seatback had become damaged by a spillage or a tear, I would be entitled to replace it with the nearest available part. The problem is when it comes to a payout after an accident, there is no telling what an individual insurer will decide when he notices the change. I am still undecided which of the two best routes to go with, either don't mention the replacement at all, or fill in the quote form without mentioning, and when it comes to buying the insurance over the phone, mention it at the time.
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Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***


cruzhughes
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Heres what I've been sent from prime since Dec that I know about. All to the wrong 2 addresses.

 

Since the 17th March they have written to me at correct adresss

 

On the 8th march I sent a CCA request with a debt in dispute letter. But also informed them of my new address requested that all copy's of correspondence that's gone to old addresses be sent to me. Not received anything to date

 

On the 17 march I received a solicitors letter to old adresss not security address post 312

 

25 march sent the letter dx posted above

 

29 march sent another stand alone CCA

 

Welcomes response to where the refund has gone here too

All responses here in PDF

 

Over the weekend I'm going to go back through the statements and compare what's gone out of my bank from 2008 to 2015 which I've got a breakdown of already and anything else that was paid to welcome between 2008 and 2015.

 

My breakdown was around 17grand but some could have been returned need to double check on that as there was many random one off payments debit card and direct debit but for almost 2 years after divorce it was paid monthly out of my account by direct debit.

 

Without fail I must add! Until I thought what am I paying and why?

merged april.pdf

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Missed the postman today. An A4 letter that has to be signed for is now in the sorting office waiting collection and unfortunately I have to wait till tues to see what it contains!! Watch this space! Tues can't come quick enough!

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Welcome 2nd sar received.

I'm inboxing you now dx.

Very small in comparison to the previous one

The arrears that were referred to solicitors are £3342.42

 

 

how this is made up I'm unsure but the monthly payments are supposed to be £231.49.

The debt was sold on 20/09/2016 after welcome received letter about all the missold stuff and me requesting they remove the charge.

 

How did the arrears occur.

The arrears have occurred as the new company have been writing to 2 old adressses

 

How do I intend to pay the arrears.

I have spent the last year finding out as much as I can with regards to the old debt which is made up of penalty charges and Ppi as well as other insurances.

 

 

So was going down the reclaim route but the old company sold the debt.

Which in the meantime almost £8000 was awarded but has not reduced this balance.

However I have written confirmation from welcome that they bought that back from alpha.

 

The original loan started in 2008 at £27,971.82 was due to run from 300 months at £231.49. £21,794.45 has already been paid towards this

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if you cant use the irresponsible lending route in a repo case.

 

 

then I bow to ell-enn expert knowledge...

 

 

What about when we are talking about 2 different company's the original lender and the new buyer. Dx I know you said months ago see if they will go down the court route then the fun starts... Now I'm more worried than I was over a year ago!! But one things for sure they don't want to respond to what I've sent them. But I'm still left wondering if the repo is to frighten me into paying them or it's just what they do?

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Hi, do you have paperwork showing the balance Welcome had before selling it to Alpha and the balance that Alpha show on the court papers - are they both the same? If so, then your defence will be that the balance they claim is not correct and £8k refund should have been removed from the outstanding balance.

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In the SAR from welcome I received in April 2016 the closing balance was £25,384.31 on 1307/15

 

I have a letter dated 3/11/16 from welcome saying the debt was sold to alpha credit in June 2016.

 

In the paperwork I received from welcome this week it says bad debt sale on 20/09/2016 £26.152.32. So if that's the case there would be 6 missed payments from then till now at £231.49 which come to £1388.94

 

On the title deeds I paid for at land registry on 08/02/17 the charge was varied by a deed of variation on the 17/09/2016

 

Lightfoots letter on 17/3/2017 says that I am in arrrears with loan payments in sum of £3,342.42 and the current outstanding balance amounts to £26,404,52

Statement.pdf

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When were Welcome supposed to have taken the £8k off the balance ? was it after the closing balance of £25,384.31 in July 2015 ?

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No The payment was made on the 18/01/2017.welcome have said the re purchased back from Alpha.

 

I have just noticed if you you add the the balance from the bad debt sale on 20/09/2016 which stood at £26,152.32 from 13/12/15 until now to the 2 field agents charge of £51.60 on the 26/01/17 and the 10/02/17 and the referral to solicitors fee £150 on 13/03/17minus the £1.00 for CCA that comes to £26.404.52.

 

So in retrospect the balance is the charges added to the amount alpha bought t the debt at.

 

Dx can you have a look at the statements in the original solictors letter I sent you and compare with the one I'm about to send you now as there's an extra column in this one from possession order only just noticed

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what payment was made on 18/01/17 ??

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Welcome have apparently re purchased almost 8000 back from alpha the amount I was awarded in PPI from the FSCS. As they don't pay to the customer the take off any outstanding loan balance.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=66374&d=1484312125

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=67576&d=1491484443

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So £7888.39 should have been taken off the balance that Alpha are claiming in the court papers - is this correct ?

 

 

We need to be absolutely sure of this.

 

 

Do you have anything in writing from Welcome stating the balance they sold to Alpha in 2016 ?

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Yes it should have.

 

Nothing from welcome in writing about the balance only the statement saying bad debt sold 20/09/2016 very contradictory to their letter Nov 2016 saying sold to alpha in June 2016 on but got in writing about the repurchase from alpha .

 

But I have it on an email from the FOS that welcome had sent info over to the. and that debt was sold on 20/9/2016 for £26,152.32

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OK, you will need :

to print out the email from the FOS stating that Welcome sold the debt on 20/9/16 with a balance of £26,152.

A copy of the letter from the FCSC showing the compensation awarded

A copy of the letter from Welcome stating they took back the £7,888

 

 

If Alpha are stating in their possession claim that the outstanding balance is still £26 k then the figure they are claiming is incorrect. The outstanding balance should be approx. £18,270

 

 

Have I got this right ?

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That's not a problem at all. I got 3 files full of everything I've obtained in the last 18 months. Lol

 

 

You are 100% correct but any balance is to do with Welcome miss sold products and irresponsible lending from 2001 onwards. Can you inbox me an email address so I can send you some sensitive docs please.

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I know you think you have a lot of information that might help you avoid paying this claim but quite frankly the only defence I can see at this time is the one you won't use. So now you have to go with what will keep the roof over your kids heads i.e. enter a defence that the balance is not correct and make an offer to pay something towards the arrears in addition to the normal monthly payment once the outstanding balance has been corrected. This may get you an adjournment while the judge orders the claimant to produce the correct figure, but at the end of the day if arrears are owed the judge will expect you to pay.

 

 

The judge will not consider there is an unfair relationship because you think the interest rate is high - he would deem that you had the opportunity to refuse the terms and conditions of the loan if you did not like them at the time of signing.

 

 

I'm happy to draft a defence regarding the incorrect balance owed - let me know what you want to do.

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do it cruz

the arguing can continue afterwards

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I totally understand what your saying and agree with the defence.

 

I have not received any form of credit agreement from alpha and no default notice either. So should I have reviewed these before court papers were issued?

 

I already realise it's in my name and my house and the problems with that being I would be the one that's owes the money.

 

Does counterclaiming come after I've filled the defence with regards to the original penalty fees and miss selling of insurances.

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different court poss diff time.

 

 

this is about repo

its needs to be resolved.

a repo case is not the time to do it sadly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nope been far too busy with a running court claim

i'll try this w/end

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you won't say your signature was forged on the loan agreement then you can't use that in court. This is a repossession case - you need to do what is necessary to keep the house - up to you really..........

 

You are being taken to court because you haven't made payments on the loan agreement, that is not in dispute, it's fact.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I haven't received any loan agreement from this new company to date.

 

How are you going with the defence?

 

Can you tell me what happens after I fill in everything in online and go to court ?

 

On looking into things furthers if welcome sold on 20/9 to alpha this would mean that it's 7 months in arrears this equals £1620.43 £231.49 x 7

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