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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Welcome Finance. Secured Loan no payments for years not being chased


Bottlefury
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Hi All... First off apologies if I am asking something that has been answered elsewhere... Truth is I'm in a massive hole and trying to find anyway out (not just with welcome lol)

 

Long story short... Took at a 3rd charge loan with welcome about 12 years ago...it was a struggle from the off... About 3 years in welcome offered us the chance to resign to extend the length of the loan and reduce the payments which we did... Split up with the wife who remained in the home about 6 years ago. For the past 5 years no payment have been made to welcome. Current balance is about £29k.

 

My initial question is that they have never really chased for the monthly payments....the only contact we have from them is a yearly statement and that's it. The debt doesn't appear on my credit file however there is a charge at land registry...does anyone know why this might be the case that they are not chasing us for such a long period of time?

 

House in massive neg eq so am desperate for any ways out

 

Thanks all :)

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They'll get their money upon sale if ever...

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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Get an sar running

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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Personally I wouldn't

Get the sar first

 

Might well be faulty knowing welcome

Go read threads here

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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Yeah will have to get the papers I suppose.

..was just reluctant to contact them in the first place for paperwork as am not hearing from them.

..have looked through the forums just think its unusual not to have heard from them for years for such a big amount I guess

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Welcome will have added a ton of charges and fee's to it. All of which you cna reclaim. Get the SAR off, and forget about VR until you have the facts in front of you.

 

And its not unusual to not have heard of them if they know very well they have messed up.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Sure well that's what I'm hoping....although not sure how much the fees would be...I mean this is a morally dubious question but is getting out of the whole loan an actual possibility does anyone know?

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Thats why you need that SAR :)

 

 

We dont condone debt avoidance so cant comment on it,.

but with welcome, the reclaim + interest could be in the thousands.

If the charge was comprised mostly of fee's then you could theoretically get it removed.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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get the sar done.

99% of welcome stuff is loaded with £1000's of penalty charges & useless insurances [bet you had MIF for one!]

and ofcourse theres this refinance? you did?

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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very. Get that sar off asap. Youre likely looking at reclaiming thousands, and a possibility of getting that charge gone.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'll get it done then...I know its on other threads etc but its patchy and am not familiar with all this...what would they have to have done to mean the debt is unenforceable...or at least shouldn't be charged against the house? Sorry for the noon questions I'm sure :(

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TBH I don't think theres any real possibility the charge will be removed

its not a charge as a result of a court CCJ

its one that was placed there upon loan sale as it was a secured loan.

 

 

funny thing is

welcome about 2yrs ago removed 99'9% of all their outstanding secured loan charges when they signed the waiver..

 

 

never mind

it'll all come out in the wash

 

 

dx

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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Share on other sites

The SAR will give you the facts surrounding the debt. The fact youre asking questions shows you NEED the response to that SAR.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes I see...as I said initially I was a little concerned about making any contact at the moment as haven't heard a peep from them for years..I understand now that I need the sar but obviously I will be raising my head above the parapet as it where when I do

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its a charge

they cant 'jus't demand payment anyway.

 

 

though I wonder if this has not already been sold to alpha credit

 

 

have you check LR in the last month then?

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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Share on other sites

I can't remember of the top of my head but pretty sure its still either welcome or progressive on LR..

.But like I said not a peep from them in years apart from an annual statement.

 

 

.just can't figure it out really..

.am a bit worried about the sar with it flagging up my account to them..

.but having said that they are the third in line against the house.

..and its in neg eq by about 20k..

plus I can't afford any monthly payments anyway so not sure what they could do anyway..

 

 

. I'm hoping there has been some sort of historic cock up on my paperwork anyway

and that's why its not been sold on

or why I haven't heard from them in years

...I mean its 30k I'd be chasing it lol

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well no as I've said the charge is there so they've the money ..even if eventually.

they cant force a sale

and they'll not bother with a CCJ as it achieves nothing for them.

 

 

I bet you its progressive on your LR file.

 

 

not wishing to worry you but...

http://www.consumeractiongroup.co.uk/forum/showthread.php?467097-Welcome-secured-loans-charge-now-sold-to-Alpha-Prime-repo-received-bal-all-penalties-PPI-MIF-LIFE-PPI-help

 

 

get that sar running!!

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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A sar it is then. Thanks for all the advice. What is it I'm looking for when the paperwork arrives in particular?

 

We wont know until you read the sar. But i'd be looking at the refinancing plus all charges etc and interest accrued on them as a start

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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