thankyou all, im so gratefull and hopefully show these kind of bullies that we wont be walked over. i will keep the thread updated of my progress and thanks again.

I would appreciate any advice on this if possible. We have been sent a copy of the agreement but it looks like it has been reduced and the print is too small and runs into each other so all the terms cannot be read and figures are not 100% legible. Is this grounds for unenforceability and how do i procede as i have just recieved the letter from the county courts. We have been bullied and intimidated by this company so badly and if we can get ourselves into a strong negotiating position then that would be great

My partner took out a loan with finance company for a motor vehicle, where he could not keep up the payments. He purchased the van through a broker as he had not long started working for himself and no main lenders would help him, when he told the broker that he had only just started working for himself, she asked him if he had his last pay statement from his old company as she would just say he was stil working for them on his application, something she said that she should not really do but made it look like she was doing him a favour. Due to a promised contract not materialising he started to strugle badly and could not meet the payments and the van was subsequently taken and sold. The debt in question was approx £10000 and after the sale, the proceeds and original deposit taken into account it left an approx balance of £5000. Since Oct of last year we have been paying an agreed sum of £50/month without fail, however, recently due to my partners work load dropping we wrote asking if we could for a short period reduce this to £25 to which they have reluctantly received two payments via our debit card. we put this in writing and also sent an income and outgoing statement which clearly showed that we were robbing peter to pay paul. They contacted us to say this was unacceptable and that unless we paid either a reduced balance of £3000 immediately they were going to pursue legal action. This being to take my partner to court and have him declared bankrupt, and to have a charge put on the property or even force the court to make us sell the property. The woman that has been dealing with this is an absolute ill manered, rude, bully and has not been helpfull in any way what so ever. I asked for a copy of the agreement and they sent through a faxed copy that had been reduced so much that the majority of it is un-readable. It looks like the prescribed terms are there but that is only because i can just make out the sub headings, if there only copy is that bad does this make it unenforceable. They have now issued us with a "Money claim online" from northampton county courts. It says that we have 14 days to reply. What has made us angry is that in the "particulars of claim" section she has not stated that we are paying an agreed figure per month. Obviously i need to send in our response but would appreciate some advice on what to do as it is worrying us.

thankyou, that is brilliant. i love this site

Thanks to this site we decided to make a stand against the relentless bullying by the banks and DCA`s who consistantly sent us threatening letters and called us at work and home. No matter how much we try and explain that because of our downturn in work we are struggling to meet re-payments, they would not even consider reduced payments. anyway we sent out a number of CCA`s recorded with bankers cheque for £1. we have started to get replies now. Two have come back from Robinson way who are scting on behalf of crapital one, thay have said that they have requested the agreements from c1 and will send them. The best one has come back from Loyds/tsb and i find it such an arrogant reply. it goes as follows: Ref your account xxxxxxxxxxxxxxxxxxxx Thankyou for contacting us about your account. Should you be in financial difficulties, I have enclosed a form on which you can give us your financial details and offer of payment. when we have your completed form, we will be able to consider your payment proposals. if we accept your offer, your account, if open, will be closed. please be aware that you can contact your citizens advice bureau and independant advice about the options available to you for sorting out your finances. we recommend that you speak to them or alternatively contact the national debtline. I look forward to hearing from you. The 12 +2 will be up on friday 12th so if anybody has a template of the next letter i should send, i would be very grateful.

Thankyou so much for the advice. Plumberjon you mentioned something about them having to refung the hp element of the agreement if they repo our goods, at risk of sounding stupid, what does that mean. The amount of people i have pointed in the direction of the CAG this week is unbelivable and amazing how many of them are talking about the site and passing the word around. If i had not seen this site before we called brighthouse i would have probrabley just agreed to them coming to my home and taking our goods so thankyou very much.

hi, i have just received back a copy of our signed Hp agreement but the print is very small, smudged and un-readable. I would like to send them a SAR letter to make sure that i get everything that they have on the agreement as i dont want to be continuously sending letters asking for sections that they have not sent. Im after a template SAR which goes into great detail about what i require, i have seen one on the site but cant remember where it is. id be grateful if somebody could show me a link to one or post one on their reply. thanks

thankyou for the advice. I shall put it in writing today and keep you informed

i have already sent them the letter and postal order and they sent back a copy of the agreement but it looks like a bad faxed copy and we cant read it, cant make out most of the words or numbers, no terms and conditions are attached and noy signed by them. What should the next step be

Hi I have posted a couple of threads on this issue but the issue has moved on considerably since and am now hoping that someone can help me or give me some advice. a couple of years ago i started working for myself and i needed a van to be able to carry out my work, almost straight away the company that i was to contract too went bust and left me in a very bad position. I was unable to pay for the vehicle and it was re-posessed by the finance company. After the van was sold at an auction it left a balance of around £4000 to pay. I was contacted by the most rudest rotweiler of a woman to collect this debt. I told her that i could not pay in one go but at a push i could pay £50 a month and review every 6 months, this was a verbal agreement, however she did put it in writing. I work in the car industry now and it has taken a big hit and my loss in salary is that bad that we are struggling to pay the mortgage and bills. We wrote to our creditors and offered a reduced payment on our debts, we even sent incoming and outgoing statements to back up our situation and to be honest most have been fantastic. We had to reduce our offer for this finance company to £25 to be able to support ourselves and we have never been treated so badly by any company. They have threatened charging orders, bancruptcy, attachment of earnings and further court action. My partner rang to make our monthly payment and the person in question was so rude and said, "give me your bank details and ill pass it to accounts because i cant be bothered with you", she then hung up. I would like nothing better than the contract to be flawed in some way to give us a bit of leverage. 1. We have a copy of the agreement but it is not possible to read it, cant make out numbers or words, basically its impossible to read. 2. There are no terms and conditions attached. 3. It is not signed by the finance company, it only has a signature from the finance agent who organised the finance but only in the witnessed box. Do any of these issues put into question our contract.

Had to ask dealer to send me the copy of his invoice as we did not seem to have one. The figures on his invoice are completely different from my finance agreement, does this have any affect on the agreement

im in work today so ill post it as soon as i get in, thankyou

Not too sure whwt steps to take next. The agreement is un-readable as it is a poor copy, there are no terms and conditions and no info on how we are to terminate the deal if required, any advice would be most welcome

I have this week sent out cca letters to several dca`s and are currently awaiting replies. We have this morning received an agreement back that on the surface looks ok. My question is - Is at acceptable for the agreement to state that we can contact them for information on how we can terminate the agtreement or should the agreement actually state settlement figures and terms. Also the agreement is not a very good copy. We have black horse making all kinds of threats at the moment, they obviously dont appreciate that my partner has been made redundant and our income is now considerabley less. We are looking for something in the agreement to give us some leverage. I would be grateful if anyone could answer this question for me.

Hi all I have posted a thread about welcome previously but still not sure what to do about it. We are struggling with finances due to my partners severe downturn in work and are worried about the mortgage as well as everything else. we called welcome to ask if we could reduce the payments by half for a 6 month period to enable us to consolidate and gain a bit of breathing space, they were not offhand or rude but said it was not possible. Here is our story, We borrowed £12k in 2005 and it was secured on the house, however after reading some of these threads i now know that that agreement was 100% unenforceable, however we applied for an extra £5000 in 2006. The way the loan was done was that from the new loan of £17k they cleared their own loan and paid off other debtors that we had, we didnt actually see any of the money in our account. The agreement paperwork is different from the previous agreement and it seems that all the prescribed terms are there, however im no expert. The way welcome do there agreements is that it is on a top sheet (origional), the middle copy (the signing copy) and the bottom copy (the advance copy), they write out the agreement and it should transfer onto the other copies. the signing copy has all the information written in including our signatures so you would expect that the bottom copy that is sent out to you to ponder over for a week to have it all written in. Its obvious looking at it that some of the information, (the settlement figures and a tick mark indicating that we want the lifecare 24 product) were filled in on the other two copies after the bottom sheet was detached and sent to us, in effect we did not have all the information to to make an informed decision. The Lifecare 24 product is for £180, this we did not ask for, we were told we had to have life insurance to be elligable for the loan. It is also a 5 year life insurance product but its a 10 year loan so surely this must be a mis-sell. I would also have thought that it should at least state the flat rate of interest and not just the variable APR, there is a box for the rate of interest per annum but its not filled in. We did not want to send welcome an SAR as we do not want them to get naughty if we end up defaulting. My first question is, 1. should the advance copy have all the details of the loan included as at the top of the sheet it states (proposed loan agreement) 2. Should there be a flat rate of interest or is the APR sufficient to cover them. 3. We did not ask for the lifecare 24 but are now paying 10 years interest on a product that we did not want and only covers half the loan period. we are trying to determine if it is worth going down the "unenforceable loan " route to help us negotiate with them. Any help would be much appreciated

just thought i would read through this post as i have just posted my thread and i find that childish littel rant unbelivable and typical of the kind of people they employ, i find it strange though that if its that busy why a friend of ours has just been made redundant from their sales force and and they are currently not putting vehicle finance into dealerships, obviously doing well... not. their day will come, what goes around comes around.

Afternoon 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 £17k of which they took out what we owed from the previous loan, they 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

sorry, im confused, have i done something wrong

my partner took out a car loan with BCT earlier in the year. He had around 2500 worth of negative equity which has been loaded on to the new car. due to work issues we may not be a position to continue paying for the car as we need to pay the mortgage, the bills and food and fuel costs. I have. been looking at the agreement to check if thare are any flaws that would enebale us to hand back the car without repercussions. I am aware that the law changed in 2007 and that all finance agreements should have certain things written in. looking at mine it is very difficult to follow as it makes no reference to the vehicle we traded in. I thought that the agreement should at least have a breakdown of everything, including the vehicle we traded in, the amount we were given for it, the negative equity amount and the balance to finance. I would be very grateful if anybody could give me any advice on where i standand what the agreement should contain.

My partner took out a personal loan with Park Motor Finance for a motor vehicle, where he could not keep up the payments. In fact because of the situation with the limited company he had set up, no payment was made and the van was subsequently taken and sold. The debt in question was approx 10719 and after the sale of proceeds and original deposit taken into account it left an approx balance of £5219. Since Oct of last year we have been paying an agreed sum of £50/month without fail, however, recently due to circumstances we wrote asking if we could for a three month period reduce this to £25 and then looking at increasing. They contacted us to say this was unacceptable and that unless we paid either a reduced balance of £3000 immediately they were going to pursue legal action. This being to take my partner to court and have him declared bankrupt, and to have a charge put on the property or even force the court to make us sell the property. The property itself is already in negative equity, the mortgage is £178,000 and we have a secured loan of £18,000. The value of the property at the moment I would say is less than £185,000, a house next door but one is at this moment up for sale, less than this. We are going to seek advice next week, however, because of the negative equity can they actually get the court to force a sale? We have a 17 month old baby boy and I am now at my wits end. All of our other creditors have an agreed payment plan and we are keeping to the payments. HELP????

Many thanks for the info, will send the letter today with no signature and I'll let you know more if and when I get a response.

I have received a letter from 1st Credit relating to Lloyds TSB. The debt I owe is £1065.81, being £1,000 agreed overdraft and the £65.81 being charges on the overdraft, mainly interest charges. Please also note that the £1,000 overdraft is also down to bank charges. I have at present put a claim into the small claims court to reclaim my bank charges from Lloyds and just waiting to hear on the next step, however, is there a Template Letter I can send to 1st Credit. Their letter stated the following: - Our client has advised us that the above sum remains unpaid. Our client has therefore instructed us to take the appropriate action to recover this debt. Please take ths opportunity to make payment. Before I registered onto this site, I did telephone 1st Credit and I have to say they were most obnoxious, rude and unsympathetic, and threatened me with all sorts of action. I have though since calmed down from reading similar situations on the site, but for peice of mind I need to know what to do next as I don't want to just ignore this. Thanks in advance for anybody who can help.

It relates to personal banking. I was going through a difficult patch and direct debits etc kept getting returned. So the majority is bank charges. I eventually spoke to Lloyds back in Nov 07 and they agreed a £1,000 overdraft on the condition that I start to repay on a monthly basis. I couldn't meet the payments, so interest kept getting added, plus as it was a select account I kept getting charged the fee of £5 per month. I then changed this to a basic account ro stop the fee. I cannot recall receiving any notification from Lloyds to say it was being assisgned to 1st credit, hence I was surprised to receive their letter, and how nasty they were on the telephone. I have delved a little deeper into the forum and read some of the comments etc, and obviously will appreciate any help. I've got to say I'm glued to it at the moment and find it immensely interesting. I'll never get up for work at this rate!!

Can anybody help me?? I have a debt of £1065 orignally with lloyds TSB but apparently now past to 1st Credit. They are refusing any sort of payment plan and say if i fail to make a full payment within 7 days they will proceed with court action. The threats ranging from bankruptcy, a CCJ, charge on my property of contacting my employees. None of these I want. I do have seriously bad credit, however, have finally managed to arrange payment plans and thought i was on the road to recovery. I know it's all my fault, but now I feel i'm about to lose everything and I have an 11 month old baby boy to care for. HELP!!

I've received a letter from a creditor giving me 7 days to pay a £1,000 debt. Failure will result in court action, being either CCJ, getting an attachment of earnings, charge on property or even bankruptcy. What can I do? I've offered to pay monthly but they refused to accept this. They noted on my file I refused to give my employers name but would not note my reasonings behind this. I wasn't after sympathy, just understanding that yes I am stupid for getting into debt, but that I have finally admitted to my problem and now trying to resolve. Please, can somebody offer me some serious advice, I do have bad credit, but feel am getting back on track, I even prevented the repossession of my house last year, but this has now totally deflated my will to live!! thanks