Afterenoon
I have recently called welcome finance as we have a secured loan on our home. my partners work has died a death and his income is a lot less than normal. i called to ask if we could lower the payments for a while until his work picks up and there not even a slight bit interested. this is a real concern for us now as we cannot meet the repayments and we are now worried about the house being re-possessed. After reading through this forum, firstly i cant belive how many people have been affected by welcome and considering the state of the country at the moment, how unhelpful they are. I picked up a few different things from other posts that i am hoping may help us. we took out our loan in 2005 for £12000, i know that contract is wrong as it includes the acceptance fee in the loan amount before
interest is calculated. in 2006 we needed an extra £5000 so we approached them. They did a new loan for 17000 of which they took out what we owed from the previous loan, they basically wrote themselves a cheque. from what i have read it sounds like that may be ilegal to do. What im hoping is that because the loan they paid off was incorrectley calculated because of the acceptance fee, thus making the settlement higher then we may have an argument to have this loan made unenforceable thus giving us some negotiation room. To summerise my points:
1. is it ilegal for them to pay themselves and does this make the loan unenforceable.
2. because the origional loan was calculated wrong and that miscalculation was carried over, does that make the loan potentially unenforceable.
3. because it is a fixed sum loan secured on the house and not a mortgage where do we stand with regards to having our home re-possessed.
if anybody has any advice, i would be very grateful