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Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***


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  • 3 weeks later...
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Still nothing out of these.

 

But I have sent a letter requesting up to date statement of account minus all the fees the court ordered be removed.

 

You never know I may hear something in about 3 months

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  • 3 weeks later...

Well, well, well.

 

I have just received an annual statement from these.

 

What’s funny is the closing balance is exactly as it was in May 2018.

 

Loads of stuff has not been removed. .

 

And I really don’t think this letter is in response to my letter to them.

 

Email it to you now

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  • 2 weeks later...

How’s this look for a follow up letter

 

Dear Sir or Madam,

 

 

Further to my letter dated 19/07/2018. I have electronic proof that this written request was signed for by a member of your staff. Yet you have failed to respond to my request.

 

However in a Annual Account Statement from yourselves dated 03/08/2018. You seem to have disregarded Deputy District Judge Orders from the recent dismissal of your claim for possession against me on

 

The Annual Account Statement is littered with unlawful fees and charges and should have been removed as per Court Orders. This has not been done.

 

Therefore I once again request an updated statement of account showing the balance and all account activity including all removed fees and charges.

 

This account is still severely in dispute with you. Like it had been with the previous owners Welcome Finance prior to you purchasing this bogus debt from them. To which you are fully aware of all the complaints regarding it.

 

I thank you for your time and trust you can provide this information to me within 7 days.

 

Yours Faithfully

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Else i will be contacting the court

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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  • 4 weeks later...
  • 4 weeks later...
  • 2 weeks later...

There’s been a little development. New statement has arrived.

 

Figures are still out by £77.77 which consist of £26.17 (17\09\16) and £51.60 (26/01/17)

 

Balance should be £17,962.86

 

17/9/16 Opening balance £ 26,126.15

7/6/17 Ppi refund £ 7888.39

7/6/17 Ppi int adj £ 274.90

=== £ 17,962.86.

Theirs shows £ 18,040.63

 

They want me to recommence payments 13th Nov £74.83 then regular monthly payments from 13th Dec £231.49 this amount incorporates interest that was set to 0% in 2015 so this should not be the monthly repayment now..

 

They are not even stating how long to run lol :lol::???:

 

Email with docs on way to you dx and sham

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Just a thought.....

 

Due to this lot stating payments are to recommence at 231.49 in Dec. Loan was for 300 months started Aug 2008 first payment 30 sept 2008. Last payment on loan would be due in Aug 2033 at the original monthly repayment

 

Shall I write back to these and find how how long they say is remaining on loan?

 

Few quick oberservations

 

On old terms I make that 177 months remaining. 177 x 231.49 = £ 40,973.73

 

However

 

1 £231.49 should be minus £17.51 PPI = £ 213.98 it should be with Ppi element taken off

 

2 £231.49 includes the interest which was reduced to 0% in Dec 2015

 

3 Looking at old welcome statements interest on the monthly payment was in excess of £160 a month

 

4 Ppi refund £8163.29 / 231.49 would put me 35.26 months in front from 13 jan 2016. Dec 2019.

 

5 Only issue here is if you remove the Ppi payment and the interest element of the 231.49

 

(Sham I’ve altered your old calculations done for court in June 2018 so they are more up to date)

 

The repayments, calculated as £26,152.32 split over 212 remaining months from January 2016, equals £123.36 - minus £17.51 PPI, equals £105.85 per month. PPI was refunded up to December 2016, with the award made in January 2017. This is paid back to the account balance as follows: 12 x £17.51 / 212 = £1.00 per month to add on. £106.85 is the rightful monthly payment from January 2016 onwards.

 

January 2019

36 months will have passed since January 2016, which equates to arrears of £3,846.60 With the PPI refund of £8,163.29 (inc. interest), the arrears is currently in credit by the amount of £4,316.69 This is the equivalent of just over 40 monthly payments, based on the above taking it up to being in credit until May 2022

 

What’s your thoughts here??

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Ive started on new letter to go off. Any amendments or advice needed before I send please..

 

Dear Sir or Madam,

 

I write in response to your letter dated 30/10/2018. Which appears to be a reply at last to my letters dated 19/07/, 05/09 and 10/10/2018.

 

You now state the outstanding balance is £18,040.63. And that payments are to recommence on 13/11/2018 for £74.83 followed by regular payments of £231.49 on the 13/12/2018.

 

What you fail to state is how you’ve reached these figures, how long these repayments are for and the date they are due to finish or any payment schedule.

 

I would like to remind you that this account is still severely in dispute with you. Like it had been with the previous owners Welcome Finance prior to you purchasing this bogus debt from them. To which you are fully aware of all the complaints regarding it. Yet after 20 months of correspondence with you, your failed possession claim and the Courts Judgement this is still a matter that you appear still unwilling to address.

 

I bring back to your attention my letter off 25/03/2017 whereby I outlined my full complaint to you in regard to the whole debt and the resultant charge being entirely made up of numerous penalty charges for all manner of indiscretions and other insurances and Mass Irresponsible Lending, forcing the roll over of loans without doing the required affordability checks. Some only months apart.

 

Again if all the actions above had not taken place due to the underhand tactics of the previous owners there would be no sum outstanding. For example interest added to the acceptance fee in other loans pre 2007, would have deemed those agreement irredeemably unenforceable. These were forcefully rewritten solely to unjustly enrich the previous owners Welcome Finance.

 

I’d like you to look into why a 2007 loan was rewritten in 2008 and for a higher figure with more Ppi. But no more money was loaned but the balance and the payment term increased significantly.the benefit was all for welcome finance

 

I thank you for your time look forward to hearing from you within 14 days.

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so, they've sent 2 monthly statements requesting? payments recommence...

 

why reply at all...……..

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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Don’t you think it’s better to try and get some answers out of them? So at least if they try court again I know what I’m up against?

 

They have started playing the same game not replying yet sending letters with fake figures.

 

I’m just trying my best to get prepared incase they go down the same road.

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the statements are automatically sent.

 

its not a response to your overall complaint that the whole debt is bogus.

and thus I wouldn't enter into any letter tennis.

 

ball is in their court.

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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The last one I received isn’t it’s a total new statement different format with everything I asked to be removed as originally they were still saying there was arrrears in account. I sent you a copy of this.

 

They’ve had 3 letters from me requesting the removal of all fees and sols court costs. The letter is answering my requests

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  • 1 month later...

Just an update on most recent correspondence.

 

I’ve had no response since I wrote to them after I recieved 30th oct Letter

 

Letter dated 28th Nov they are now adding fees for missed payment.,

 

Court order said not fees or charges to be added to this account??

Prime 28th Nov .pdf

Prime 30th Oct.pdf

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Let them add them...you dont pay them...keep an account of them and knock them off when you redeem your mortgage.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Andy I think you may be missing something.,

 

They’ve already took me to court for possession I won. I haven’t paid them a penny.

 

This account is still severely in dispute. Account is due to run till 2033. Plus they are trying to claim the whole monthly balance of 231 which includes interest and ppi proportion. That I believe should come off therefore making the monthly payment just over 100 a month.

 

Usual nonsense with these. Not responding to my letters etc.

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No Im not missing anything, I joined your thread at page 36 Aug 2017 on a thread of 80 pages and have advised along the way and fully aware of your position.

 

The reason its 80 pages is because you seem to disregard the advice given and Prime Credit know how to wind you up and you will respond.

 

So I will try again...you pay what you have been ordered to pay by the court on the date stated.....dont take any self decided holiday payments as you have done in the past and stick to the court order rigidly.

 

Now on to Prime Credit.....they could send me all the letters in the word with what ever charges they like...I would totally ignore them and file them and when I got to 2033 I would pull out the original agreement with what I borrowed and the agreed interest and that total at that date less all the charges is what will be paid at the final redemption........not a penny more.

 

If they tried to chase me or tried to issue a claim I would counter claim for the interest added through unfair penalty charges over 25 years at 8% and also ask the court to impose a compensation figure for harassment with my folder of over 1000s of letters and additional charges and home visit charges.

 

Thats why I stated in my last post.......

 

" Let them add them...you dont pay them...keep an account of them and knock them off when you redeem your mortgage."

 

I hope you understand the above.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Prime credit are not winding me up I fully know the game they are playing. I’m also quite expecting them to take me back to court. I’m just gathering info or should I say writing to them knowing full well they don’t like to respond. As this will look better on me.

 

The court didn’t actually order me to pay anything all, they said was I was not in arrears and well in front with payments. Prime are saying the arrears credit has come to an end. I’ve never taken any holiday payments. Welcome finance weren’t paid from May 2015.

 

Now Prime are saying that the cmp going foward is £231.

 

However Loan was reduced to 0% interest in Dec 2015. Does this mean there are good grounds to argue that the remaining balance should be paid over the remaining agreed term. The creditor is claiming that payment should be in line with the agreement, albeit over a shorter term - position is that the repayment sums take account of interest, spread over the agreed repayment term plus an element of Ppi. This would lower the cmp substantially to around £106 a month until 2033.

 

There are still a substantial number of penalty charges on numerous accounts from 2001 onwards. Which would also reduce the balance they say is owed.

 

Do I wait for prime to take me back to court r do I take them to court for refund of the charges levied against the 18 grand of the balance being unlawful penalty charges and interest. Numerous agreements have culminated in the most recent agreement that was assigned to them.

 

orignally this was a sercured loan now it is a mortgage. Due to it changing over from CCA to MCD in 2016

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Now the fun is about to start.... they’ve rung 3 times today and text and technically there’s only £75 arrears plus 60 feed they’ve added on..

 

Going on last time around they started this way in the Dec 2016 and issued court by the March 2017 !!

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  • 3 weeks later...
...you pay what you have been ordered to pay by the court on the date stated.....dont take any self decided holiday payments as you have done in the past and stick to the court order rigidly.

 

Now on to Prime Credit.....they could send me all the letters in the word with what ever charges they like...I would totally ignore them and file them and when I got to 2033 I would pull out the original agreement with what I borrowed and the agreed interest and that total at that date less all the charges is what will be paid at the final redemption........not a penny more.

 

Andy, I've been discussing aspects of this with Cruz in the background off and on as we've gone along. Can I have your view on something please?

 

You mention 2033 - this being the year when the loan should be paid up. If Cruz makes the agreed monthly repayment amounts, the current balance will be paid up around 2025. This is because the account is currently being charged Zero interest.

 

However, the agreement states something along the lines of "monthly repayment amount, to include capital and interest". Also, WF fluctuated the amounts they were taking via DD, and ran a positive arrears balance. Therefore, there seemed to be very little adherence by the creditor to repayments being a set amount every month.

 

In view of the above, would you take the "...to include capital and interest" literally, and maintain the capital repayment aspect up until 2033 - as per the agreed term? This would considerably reduce the sum being demanded each month.

 

Furthermore, would you also deduct charges and interest at this stage - and then base repayments until 2033 on that figure?

 

The alternative is to pay the monthly repayment sum stated on the agreement, which would settle the account well ahead of the agreed term.

 

Of relevance is the fact that Cruz, when arguing that his PPI refund was effectively an advance repayment on the account in defence of the recent claim, introduced the argument that the number of months he was paid up in advance for should be calculated as the remaining account balance split over the remaining months until 2033.

 

The judge determined that the 'agreed' sum should be used (i.e. the higher sum figure) when calculating the number of advance months paid up - but the important point being that there were no arrears, thus the claim was dismissed.

 

However, information given to me by Cruz suggested that the judge wasn't interested in hearing this argument of the monthly repayment sums in any real detail, and stated something along the lines of "that's for the defendant to take up with the claimant".

 

The judge was only standing in at the very end of a long and and protracted process, as the original judge had retired.

 

There didn't appear to be any appetite to examine the finer arguments in any real detail - plus there was so much (arguably needless) content submitted in evidence along the way, that I'm sure it was difficult to capture any real enthusiasm.

 

So, what do you think?

Deduct what is believed to be the total of charges and interest, then repay at £231 per month until settled?

Or deduct charges and interest and repay the balance in equal payments until 2033?

 

Many thanks!

 

Sham

Edited by dx100uk
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or the whole agreement is null and vod as the total balance is all their crap added on from day one anyway.

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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