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Tdub

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  1. Well, I dont know if there is any PPI as have no documents, my ex has them all and we dont speak. I sent the letter to Welcome, they never responded Thanks for your help Tracey
  2. Hi, I have a loan which I took over from my ex in 2006, as part of a seperation agreement. The loan was meant to be unsecured but I have since found out since obtaining a copy of my credit record that it has been secured upon my old property. My ex has been declared bankcrupt and the house which I do not live in and havnt for a number of years is considered to be an asset and I am letting this go as I just want closure - I have moved on. So now I am refusing to pay the debt because they have failed after numerous attempts to send me a copy of the original signed loan agreement they have now sold the debt on to someone who keeps calling me and sending me 'postcards'. So is the house an issue, or does this now become an unsecured debt, or does the debt get written off (I wish!!). Please help Thanks
  3. Hi guys, I brought a house with an ex partner in 2003, we split up and a seperation agreement was drawn up stating that he would get everything and I would walk away with nothing. I had met someone else and just wanted closure. Well now my ex has been declared bankcrupt and I am left to foot the bill to not only MASnumber 4 limited but 2 secured loans too. Now when the mortgage was taken out there was life insurance on it, is there any point in me applying for the refund of this? With him being declared bankcrupt wouldnt I need to get his signature and would any payout go towards his bankruptcy? Unfortunately I have now found out that a seperation agreement is unenforceable so I am left to pay the balances of all while he is shacked up with his new girlfriend without a financial care in the world. I thought I was getting closure, well a word of warning to anyone - SELL UP!
  4. Hi all, Can I claim back money for a missold PPI policy on a joint loan, if the other named is now bankrupt? And will this go towards the balance of the loan or be given to me. The loan is still current. Also would the other named have to sign as its in joint names yet I have no contact with him. Thanks
  5. Right, thanks Guys. This is what it says in the agreement, word for word : T will transfer to G absolutely all her legal and beneficial interest in the freehold property situated at xxxxxxx subject to the present mortgage in favour of Mortgage Agency Services Number 4 Limited in respect of which G agrees to indemnify T and secured Loans in favour of Endeavor Personal Finance & Welcome Financial Services. G & T agree that G will use his best endeavors to procure T's release from her liability under the existing mortgage secured on the property. In the event however that G is unable to secure T's release at the present time, T will remain Liable under the mortgage secured on the property and G agrees to indemnify her in respect of the same. In the event that T is not released from her liability under the existing mortgage G agrees if so requested by T to reapply to the lender for her release on a periodic basis. G agrees and accepts full responsibility and liability for the joint loan in favour of endeavor personal finance secured upon the property and agrees and undertakes to pay the monthly payment on time as it falls due. Now I have asked him several times to do this, I have even spoken to the mortgage company who have told me that they need to speak to him about it. He has done nothing. It feels to me that because I have moved on he is 'getting his own back' and now I am petrified that I am going to be liable for this debt. He is bancrupt allready so he has no worries, his debts get written off. But what happens with me? Do they start chasing me? He has no idea where I live, nor do the creditors but I dont think it would be hard to find me. I do however have his current address. I have the mortgage company ringing me every week asking me for money, to date they have no idea that he is bancrupt. Yet he was declared bancrupt in April 2009, surely the OR would have contacted them and told them the situation??? Should I have been informed that he was making himself bancrupt? Also what happens with my credit record? He has wrecked it. He has made no payments on the mortgage since April, no payments on the loan since January. My name is still on both. I am seriously petrified.
  6. Hi all, I brought a house in 2003 with an ex partner. In 2005 a seperation agreement was drawn up stating that he would endevour to procure my liability from the existing mortgage. If however he couldnt do this I would still be liable but he agreed to indemnify me in respect of the same. I have now found out, literally and have not been told by him that he has filed for bancruptcy in April 2009. I have no idea whether he is still living at this property. I have the mortgage company chasing me for the monies owed, they cannot contact him at all. I now know why. There is also 2 joint loans on the property which he agreed to endeavour me of them and again agreed to indemnify me in respect of the same. I cannot contact this guy, have no idea where he is. I have simply found an entry in a newspaper stating that he is bancrupt. Can someone please tell me where I stand with this? I am now married and have a baby and am terrified that I am going to be liable. Thanks for your help.
  7. Im thinking I will need more than half hour LOL Thank you for your help
  8. Yes that is the one signed by myself Yes there is a security charge on the house from the previous loan taken out by myself and my expartner. This has not been removed. He will not release me from it as he is in debt with the mortgage company. Does this mean that I still own half of the house? Ie, If I was to leave a will I could leave this in my will? It seems to me that the seperation agreement isnt worth the paper its written on?
  9. To add, I did request in January that my ex partner remove me from the mortgage to which he replied "NO!!"
  10. The Loan was taken out in September 2007. The seperation agreement reads as follows: "I will transfer to Gary absolutely all of her legal and beneficial interest in the freehold property situated at ***** now registered at HM Land Registry under title number ******subject to the present mortgage in favour of ******" "Gary & Myself agree that Gary will use his best endeavours to procure my release from my liability under the existing mortgage secured upon the property with *******. In the event however that Gary is unable to secure my release at the present time, I will remain liable under the mortgage in favour of ******* secured on the property and Gary agrees to indemnify her in respect of the same. In the event that I am not released from my liability under theexisting mortgage Gary agrees, if requested by myself to reapply to the lender for her release on a periodic basis" I have just dug out the welcome finance agreement which is barely readable so not a lot of point in me photographing it and posting up on here, but here goes. There is no name on the agreement at the top of the 'proposed' agreement. The Key Financial Information states that the amount of credit is £16221.21 and I wil repay £170.85 each month, there will be 300 monthly repayments and the interest is at 12.70% APR totalling the total charge for credit (wait for it!!) £35032.50. There is no acceptance fee and no mortgage indemnity fee. The agreement is not dated but I have signed it, there is no signature on behalf of Welcome Finance. I have 2 blue copies of which it states at the bottom, blue copies are advance copies??? I do not have a customer copy. Thanks once again and look forward to your replies.
  11. Hi, This is the letter I sent to them as below and this letter was sent in September 2008 and November 2008 (I still have not received anything, despite paying for it) Welcome Finance Apex House, Apex Business Park Ruddington Lane Wilford Nottingham NG11 7DD Dear Sir/Madam Re:− Unsecured Loan Number: ******** With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. We look forward to hearing from you. Yours faithfully Mrs ******** With refards to the Previous property, I had a seperation agreement drwan up through a solicitor stating that I no longer have any financial interest in the property with my ex partner. I did check this in January this year and I am still on the mortgage and the title deeds.
  12. Hi, I wanted to update you guys on this as I am so confused. I sent the request for the agreement as I have been previously told that without an agreement the debt is unenforceable (Is this correct?). I was told as stated above that the document would be sent to me. I today received a phone call from Welcome Finance stating that I had not made a payment since December 2008 (This is correct). The guy I spoke to asked why and I explained that I was no longer employed as I have had a baby and have decided not to return. He explained that the loan is secured and according to a recent credit check my name is still on the property so legally they can apply for the home to be reposessed. I explained to this guy that I am still waiting for a credit agreement and he said that he will send me one today. (Yeah right). He has also said that there is nothing more they can do and are passing the file to the Lewis Group and they will send bailiffs round. I must note that I do not have any CCJ's with Welcome Finance despite the loan being taken out in September 2007 and me only making payments of £20 a month from January 2008. I do not even know if I have received a default notice (How would I find this out?). I am so worried that bailiffs are going to turn up on my doorstep, please could people give me advice on what to do as I am at my wits end with WF. The loan now stands at £18,000 despite in 2007 the loan was taken out for £15,000. I appriciate any help. Thank you.
  13. Hi Guys, You have helped me several times before and I am hoping that you can again. I split up with my partner 4 years ago and a seperation agreement was drawn up by his solicitor. We had brought a house together and had 2 secured loans on the property. In the agreement it stated that in view of the 1st loan (for £45,000) and the mortgage (at that point it was £101,000) he would use his best endevours to release my liability from them. It did state that I would still be liable should he fall behind with the repayments and fall in to reposession etc. This was 4 years ago and recently I got a copy of my credit file and it was disgusting, he is behind with the repayments on both and my credit file is all because of him. I contacted the mortgage provider and they advised me that he has never even tried to release me from the mortgage. I then contacted him and asked him to try to do this, he claimed that all calls were recorded and I had to send him a letter to request this and he would pass to his solicitor. I decided to speak to his solicitor who advised me that our 'file' was now closed. I am not sure of what exactly to do on this one as I know that a court cannot make a mortgage company remove my name. Can I force the sale of this house? I dont think I would be any better off because there is no equity on it and these loans remain outstanding. Some help and advice would be appriciated Many thanks in advance
  14. Hi, an update on this. I contacted Welcome Finance and asked them to supply me with the contract between us and that I would not be obliged to fulfil any financial arrangement until they did so. I was contacted within a couple of days by someone from WF who told me that he will send the agreement to me but I am yet to receive it. The trouble is there is no agreement. I originally got the loan with my ex partner as a secured loan on our home, we then split up and I took over the loan. I went to WF and got the loan rewritten in solely my name. This had to be done on an unsecured basis as I no longer owned the house. Now they are trying to revert to the original loan of which was between myself and my ex partner. I havnt spoken to him in over 2 years and they are now saying that this loan is still in existence. What Can I do....???
  15. Hi, thanks for your help. What do you mean by the 'stayed in court' stage? So I have to send a recorded delivery letter to First Credit & HSBC and then see where it goes? Because of my timeline and I dont have long left will this matter to the Statutory demand, ie: will I get served with a notice of bancruptcy (Im not aware of procedures so please excuse me). Do I have to do anything else, contact the court??? Do I also send another letter to HSBC to claim my charges back?
  16. What I am worried about is that I only have 7 days in which to reply with regards to the statutory demand, will they still try and make me bancrupt? Do I send a letter to First credit or HSBC?
  17. Hey, thanks for your responses. So let me get this right, even though HSBC wrote to me and told me that they are not going to pay out and in their eyes the dispute is closed, it isnt until I am satisfied right? Sorry Im a bit dim.
  18. Thank you, whilst I appriciate your respnses, I must add that HSBC advised me that they would not refund any of my charges prior to this letter being sent from 1st Credit. I sent the CCA letter last year and I received this statutory demand this week. Therefore the account wouldnt still be in dispute would it? Another issue is that the HSBC account and letter for the statutory demand is in my maiden name, does this make any difference??? I have only 18 days so I am really looking for a solution pretty quickly. Many thanks
  19. Hi, Yes it is a statutory demand and 1st Credit Finance have sent this to me.
  20. I owed HSBC £973.00 from an overdraft. I calculated my charges since banking with them to be over £1200 so I was in no rush to pay this. I applied for the charges as you instruct on this site and then they refused point blank saying that they would not refund them. This was after the banks to to court trying to get this whole procedure overturned. I have not since done anything and now I have received a letter from a debt company enclosing an application for me to be made bancrupt under this debt. I have no idea what to do, can I stop this process, what happens now?
  21. Hi Guys, I am a new member here but was told to try you guys out and your wealth of knowledge as you have been quite helpful to a number of my friends. I will cut straight to the point. I took a secured loan out with my ex partner about 4 years ago. This was secured on our home, unfortunately we split and I agreed to hand over my half of the house and take on the loan from Welcome Finance (He was left with an enormous debt also, before you think "Mug"). We had a 'seperation agreement' drawn up legally by a solicitor and the above was written in to it. I agreed that I would get the loan from Welcome Finance rewritten in my name, which I did in September last year (07). I went to my local branch and got the loan rewritten under a personal loan as I no longer owned the property according to the seperation agreement. I was making sufficient payments up until February this year when I found myself in severe financial difficulty. I approached Welcome finance who told me that this wasnt a problem, they agreed to accept payments of £100, as opposed to £204 a month for which I was very grateful for. FYI the original loan was for £15,000. So here we have it, a new loan, in solely my name and they were cooperating with my requests. In march things got a bit out of control, I received a trlephone call telling me that the loan was secured to which I argued as I didnt own this property and it is against the law to secure a loan on a property that you do not own. I was also told that my payments were not sufficient and they required the amount of £170 per month of which I simply could not afford. This has gone on and on and in May I contacted Citizens Advice who told me that as this is a personal loan and not a secured loan that I could suggest an amount to pay and as long as I stick by this agreement then If the case went to court I could show that I have maintained payments. I did this and accompanied the first payment with a list of my incomings and outgoings so they could see what my money was going on. This was in May, and since July I have been on maternity leave, therefore reducing my incomings dramatically. I have still maintained the payments which were for £20 per month. I have now received a letter from Welcome Finance telling me that I need to make a payment of £100 NOW! The loan is still down as a secured loan and if I make this payment then they will change it to a personal loan (what crap!!). I explained that I could not make a payment of £100 and she basically said that they will either go for an attachment of earnings or sell my debt to a debt collector which wil mean someone calling at my door around christmas time as they have a '3 month turnaround'. I really do not know what to do...?? The first problem is that they cocked up and have failed to take the security of the property I once owned and claim this is still a secured loan and the second problem is that I dont want the threat of bailiffs coming to my door. I was told today that the debt is now £17,300 . I have no contact with my ex partner at all, I am married now with a child expected last Saturday and I am getting severely distressed by this as I have done nothing but cooperate with them. I work in the financial Industry and this means that as for the above situation the only option I have is to declare myself bancrupt which would mean that I lose my job. Please help as I really dont have a clue what to do.
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