so is it too late for me too do anything

they have already got there,they have a charge on the house.i did a cca request and the only thing wrong was the creditor did not sign it.i was advised that didnt matter.but as im not trying to make the agreement totally unenforcable thought i could use i to get the charge overturned

i may be completley wrong,have done alot of reading on here but if the creditor hasnt signed the agreement becomes unexecuted(not unenforcable)but only enforcable by an order of the court,i done a voulantry reposesion and have had costs and charges,now if they didnt have a court order to enforce the agreement should they have done this.i was niave and didnt take any advice just filled in the court papers stupidly

done a cca request only thing wrong is the creditor hasnt signed it.they have got the charging order

sorry to hijack cant get a responce anywhere else,i have a charging order on my house can i still challenge the agreement

anybody any info on this grateful

hi i have an unexecuted agreement as the creditor did not sign the agreement,i know this can be enforced by the courts.my question is,as the agreement is unenforcable until an order of the court is granted is any action taken on the account before hand unlawful

back again an update,the total amount has been charged against the house.have made numerous offers to pay lower payments their solicitors just refuse constantly.got a final demand for the full amount before lagal action... any one out there got any ideas

has the credit consumer act changed regaurding the signing off agreements where both parties have to sign,if the creditor has not signed it is only enforcable with a court order which i know will be granted,

hi pinky above is the thread i was looking at.im not trying to make it unenforcable,what i want to know is.without the court order to make it executed can they enforce it

65 Consequences of improper execution

(1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only. I think should pursue on this angle. I'm not sure if the debt has gone to a DCA or if it's still with the creditor Either way, the argument will be that neither the creditor or the legal assignee has had the right to enforce this debt at any time during it's life so far because of the improperly executed agreement. In my opinion this includes the charging of interest and registering of defaults and I would personally challenge these aspects also.

Obviously if challenges them in this way then it will probably end in court. She needs to check the agreement very carefully for other discrepancies, cast her mind back to the circumstances of signing and whether or not cancellation notices were required/given and anything else that could show detriment to herself.

It is likely that if this is taken to court it will be okayed for enforcement so best bet is to try and get the court to order that the principle sum is reduced or interest refunded and default removed if this has not happened already.

She will need to show good cause for this though, so first stop will be to see how the creditor reacts.

oh well it has all these the only thing missing is the creditors signature.i read on another thread that the creditor had to sign it to make it an executed agreement,if so is an unexecuted agreement enforcable

hi all,i have a unexecuted agreement the creditor hasnt signed it,i know a court order will rectify this but what is the position of any actions ie defaults on the account before this is done

need some urgent help here,anyone help

my partner got a car on finance,after 2 years she got paid off fell behind with payments then phoned to organise repaying them which they refused,she done a voluntry reposesion and gave them the car back.she still has to pay the remaining balance,she made an offer to their solicitors they refused it they got a charging order against her house and are still refusing her offer of reduced payments.now i noticed the agreement hasnt been signed by the creditor i know this is an unexecuted agreement and can be executed by a court order,my thinking is should we be trying to get all previous defaults charges and the car repossesion overturned as at the time the agreement was unenforcable due to it being unexecuted,in no way are we trying to get out of paying but they wont help us

hi i had an agreement with rci for a car the agreement has not been signed by rci,can anyone answer a few questions i have on this

my wife went to the office to sign for this loan they post dated the agreements to the following day and told her it was becuase they had to give her 24 hour cooling off period,does this have any relivance,have they done wrong

will be doing the subject access request this week,though from what ive read dont think theres much chance of a responce

hi all going to start dealings with welcome first of all with ppi then hopefully more any advice on how to start would be great

will do.thanks

hi all,been keeping an eye on this thread.im going to go to town with welcome,any advice would be grateful

Hi,

I'm looking for some advice i've been using welcome finance for secured loans for a few years the first one was done via correspondance and all went ok with the exception of being told without insurance i wouldn't recieve the loan so obviously i had to take the insurance.

About a year later my personal circumstances meant i had to enquire about topping up my loanthey requestd i attend my local branch to do this - i attended the local branch and i was told i was getting a "top-up" but they actually re-wrote the loan increasing the amount and the period over which it was taken, unfortunately i was in a position where i just had to do it.

At the end of last year the interest rate increased so much so that i couldn't afford my monthly payments anymore (from £316 to £421 a month), I contacted the branch and told them this was unaffordable. One of their representatives then turned up on my doorstep looking for payment - my partner and I then explained that i couldn't afford these payments yet again !!! But she informed me they would have to take legal action which could result in repossession of my property, I said I was happy for them to take me to court as i believed they were verging on extortion.

A couple of days later she phoned to inform me they could reduce the payments by re-writing the existing loan at the origional interest rates without the ppi, I would have to attend the office with a payment of £221 to get this done. I attended the office with this payment (the first of the re-written loan) the advisor I had been dealing with wasn't in even though she had an appointment with me - another office girl who knew nothing about the reason for my visit the put me in a tiny office and proceeded to run in and out for approximately an hour and a half with bit's of paper for me to sign - some of them were post dated documents. I know have a loan over double the origional length of time costing me scary amounts.

Any input would be gratefully recieved

Hi,

I'm looking for some advice i've been using welcome finance for secured loans for a few years the first one was done via correspondance and all went ok with the exception of being told without insurance i wouldn't recieve the loan so obviously i had to take the insurance.

About a year later my personal circumstances meant i had to enquire about topping up my loanthey requestd i attend my local branch to do this - i attended the local branch and i was told i was getting a "top-up" but they actually re-wrote the loan increasing the amount and the period over which it was taken, unfortunately i was in a position where i just had to do it.

At the end of last year the interest rate increased so much so that i couldn't afford my monthly payments anymore (from £316 to £421 a month), I contacted the branch and told them this was unaffordable. One of their representatives then turned up on my doorstep looking for payment - my partner and I then explained that i couldn't afford these payments yet again !!! But she informed me they would have to take legal action which could result in repossession of my property, I said I was happy for them to take me to court as i believed they were verging on extortion.

A couple of days later she phoned to inform me they could reduce the payments by re-writing the existing loan at the origional interest rates without the ppi, I would have to attend the office with a payment of £221 to get this done. I attended the office with this payment (the first of the re-written loan) the advisor I had been dealing with wasn't in even though she had an appointment with me - another office girl who knew nothing about the reason for my visit the put me in a tiny office and proceeded to run in and out for approximately an hour and a half with bit's of paper for me to sign - some of them were post dated documents. I know have a loan over double the origional length of time costing me scary amounts.

Any input would be gratefully recieved

hi my wife took a secured loan with welcome,sept 2008 they raised the payments from £321 to£416 per month.i told them we couldnt afford it,they threatened legal action.i told the lady i would happily go to court as they were bordering on extortion,couple of days letter they phoned to say they could reduce the payments by rewriting the same loan.at this time we didnt realise they couldve cancelled the ppi and reduced the repayment.anyway they rewrote the loan with lower repayments an no ppi.though the total repayable has increased and the length of time has increased,this was never stated to us.have they done anything wrong,maybe miss sold her the loan

sorry been explained bout the intrest understand it now.think the only thing i can question is the amount they recieved for the car when i handed it back to them,or should i admit i owe what they say and apply for a time to pay order and let the court decide how much.my only concern is that i have a mortgage thier solicitor is threatening to force the sale of my house....