theshuffler
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Depends on the judges view on the day i suppose , some are sticklers for rules. I just need to stop them in their tracks on tues this is what i was intending for him to handover to clerk on the day Let me know what you think mate. I respectfully request that the appeal hearing listed for today be adjourned to a date in the future. It is my intention to challenge Welcome Finance through this court on the debt for which the original court order was granted. As I have previously stated I received no notice of court proceedings against me and subsequently was denied the opportunity to defend myself. I will be requesting all documentation relating to this case from Welcome Finance, as required by law they have 40 days to comply with my request. Upon receipt of the documentation I will begin to prepare a case for a set aside of the judgement. I believe that I have a strong case and can successfully argue this in a court of law with the required documentation. If you cannot see your way to adjourning the case I ask that you take the following into account when you are making a decision today. I have also attached a breakdown of my finances for your perusal 1 The loan was offered on an unsecured basis at APR @ 48.98% Annual interest rate 44.25% why wasn’t I offered a secured loan at a much lower rate than above. Welcome Finance secured a county judgement at 8% if I were to pay that over 24 months the interest on the original loan would be £206 the unsecured rate totals £1,188 in interest. Can you honestly agree that Welcome Finance had my interests at heart when they offered me an unsecured loan over a secured one? Now a secured loan via a charging order seems more appealing to them. 2 The debt contains penalty charges which have been deemed unfair. Hence the amount requested in the CJJ does not reflect the true debt . 3 My home is jointly owned by my wife and I whereas the debt is in my name 4 We have three children in the household the eldest of whom is eight the youngest being two 5 I had no contact with the CEO since the court case and have not been given the opportunity to make an offer of any payments through the court. 6 An offer was posted to Welcome but they failed to acknowledge my letter 7 The debt that Welcome are trying to recover is less than £5000 8 There is negative equity on my home, the granting of a charging order will not guarantee payment. I trust that you will consider all these factors when you are making your decision and sincerely hope that my arguments are not out of line with the courts thinking on these matters
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Not sure why they posted it out but thats what happened , regardless if terms are on the agreement or not , surely they have no proof he read them as he hasnt signed . I know its frustrating but this is a photo copy of the origal doc , its all i have to go on mate. Posts criss crossing here , given i dont know what the original doc look like carbon copy 2 pages 3 pages , im not sure . What i have here has all you mentioned on the first page there is a second page , that might of originally been on the reverse of the first page but is now seperate sheet headed TERMS OF AGREEMENT REGULATED BY THE CONSUMER CEDIT ACT 1974
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there is no reference number on it. if thats any help
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Ok but this is a copy of the original document , so therefore the original wasnt signed . Welcome allowed my son to saunter out the door with 2.5 k and no signature.
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The agreement that i have in front of me is not from a cca request , the agreement was sent out 2 weeks after the loan was agreed . Welcome state on their cover letter that this is his copy of a legal agreement, this is exactly what they have . the loan was dated 09/05-08 the letter with the document was posted out to him 25/05/08.
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have it scanned nomillo but the text on the document is tiny i have to strain the peepers when i have it in my hand . I have posted above what the document doesnt contain in the proper place. The bit that makes a signed credit agreement legally binding A SIGNATURE
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I stated this in an earlier post this is not a car loan . The crux of my argument is there is no signature in the box where it says " This is a credit agreement regulated by the consumer credit act 1974 sign only if you want to be legally bound by its terms . Its not signed . Welcome have sent this out as his copy of the agreement , obviously they have taken a photocopy of the original . So this is what welcome or their solicitor have as well , they cant dispute the fact , they state on the cover letter here is a copy of your Legal Agreement. The box that has a signature in it does not relate to the credit agreement . Its not a signed agreement . But how do i go about stopping their charging order on tues and begin to get the ccj set aside.
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think camera pic was better . text unreadable on agreement , very small print
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1 agreement and cover letter posted out on 25th may 08 Pictures by shuffler_album - Photobucket
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Am trying to get scanner have phoned around , actually going to install xp on my computer to see if one of these will work. this isnt my case its my sons its him that has to go to court , im a hgv driver i just cant stop mid run to drive 3 or 4 hundred miles to help him out .
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Do you think that my ealier post that i had drafted for the judge to read would be suffice mate ? I know in my heart he wont be much good at talking , but like i said im off to work late tonight and doubt if i will be back by tues.
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No joy with scanner , have tried 3 all old ones doesnt seem to be updated drivers available. what i have here is an unsigned agreement and a letter from welcome finance saying Re personal loan account number ***** With regards to the above account please find inclosed your legal agreement, On the agreement it says for your information only you do not need to return this to us. The box that should contain the signature agreeing to the terms and conditions is blank . This agreement is an exact copy of the agreement , the signature on it is in the wrong box , the box with the signature does not refer to the consumer credit agreement but refers to understanding that the products (extras) are provided on credit all be it there are no boxes ticked to select any extra insurance etc. Surely no signature no agrement . the letter is dated 23 may 08 the agreement date 9 may 08
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Have arranged a scanner for tomorrow morning , hopefully shed some more light on the matter , thanx for everthing so far , should have it sorted by 11am
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Ok but this isnt a cca request one this is copy of original given when it was signed. The thing is it isnt signed in right place
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Will try sort something tomorrow am , getting late now and the peepers are starting to go on strike . Just before i log off , 1 should the agreement have a reference number ? 2 should terms and conditions be on seperate page ?
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VISTA mate have tried everything i know to get it . I think the pics show what i mean , the top box says sign here if you agree to the terms and conditions the second one states that you understand that you are purchasing the products ticked above on credit referring to ppi etc
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Yeah tried it first , no joy , think the scanner was originally built for windows 98 think Noah had one
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Packard bell 61236 cheerz
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Basically there are two boxes one to sign for credit agreement and one to sign for other things , ppi etc he never took any extras but signed the box for them and not the credit agreement
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this is best i can do with camera , got a scanner but its ancient and get get a driver http://s900.photobucket.com/albums/ac205/shuffler_album/
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He maintains that he had no prior notice of the court date , and the ccj was granted with 8% interest . I have the court papers here , he didnt defend , on tues he is up to appeal against them applying for a charging order. I had drafted this up to see how things went . Dear Sir/Madam I respectfully request that the appeal hearing listed for today be adjourned to a date in the future. It is my intention to challenge Welcome Finance through this court on the debt for which the original court order was granted. As I have previously stated I received no notice of court proceedings against me and subsequently was denied the opportunity to defend myself. I will be requesting all documentation relating to this case from Welcome Finance, as required by law they have 40 days to comply with my request. Upon receipt of the documentation I will begin to prepare a case for a set aside of the judgement. I believe that I have a strong case and can successfully argue this in a court of law with the required documentation. If you cannot see your way to adjourning the case I ask that you take the following into account when you are making a decision today. I have also attached a breakdown of my finances for your perusal 1 The loan was offered on an unsecured basis at APR @ 48.98% Annual interest rate 44.25% why wasn’t I offered a secured loan at a much lower rate than above. Welcome Finance secured a county judgement at 8% if I were to pay that over 24 months the interest on the original loan would be £206 the unsecured rate totals £1,188 in interest. Can you honestly agree that Welcome Finance had my interests at heart when they offered me an unsecured loan over a secured one? Now a secured loan via a charging order seems more appealing to them. 2 The debt contains penalty charges which have been deemed unfair. Hence the amount requested in the CJJ does not reflect the true debt . 3 My home is jointly owned by my wife and I whereas the debt is in my name 4 We have three children in the household the eldest of whom is eight the youngest being two 5 I had no contact with the CEO since the court case and have not been given the opportunity to make an offer of any payments through the court. 6 An offer was posted to Welcome but they failed to acknowledge my letter 7 The debt that Welcome are trying to recover is less than £5000 8 There is negative equity on my home, the granting of a charging order will not guarantee payment. I trust that you will consider all these factors when you are making your decision and sincerely hope that my arguments are not out of line with the courts thinking on these matters.
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I have no way of copying this , unless i try a photograph . The case is my sons and children being children he done the old ostrich thing , binned letters etc . Will try to do photograph of the bits im talking about , shouldnt there be a ref number on the agreement to associate it with the account? there is a box for it but its blank , will get camera now and see what i can get posted up. Also terms and conditions on seperate sheet. This wasnt a car loan but appreciate you dropping by. Get back to you shortly
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Is there anyway i can dispute a ccj from welcome granted 26 8 09 , my son didnt attend the court but we now want to get the case into court, problem is there is a charging order hearing appeal on tues . I know there is a 21 day period to get a setaside but this is long gone.
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Welcome upping their game with dca collection
theshuffler replied to brassed-off-2's topic in Welcome Finance
Got it Dawn thanx heres the link maybe someone can help http://www.consumeractiongroup.co.uk/forum/general-debt-issues/232449-enforceable-cca.html -
Cheers ODC i dont think they have an enforceable agreement and just noticed there is no agreement number on the document either pretty shabby for an 08 credit agreement . Not sure what if anything i can do with this info seeing has a ccj has already been issued . The hearing on tues is appeal against charging order , i cant see how i can slip an unenforceable agreement ( if im right ) into the argument . Thinking along the lines of asking for an adjournment then challenging the ccj. Any ideas ?
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