Sorry guys i cant figure out how to start a new and urgent thread anyone help? It does concern welcome and an agreement which im sure is unenforcable . Need help befor tomorrow night.

This might be a saviour here if i can figure out the right way to handle it . Have just got my hands on the loan agreement . I hope this is the pure gold i have been looking for . On the agreement the box says "This is a credit agreement regulated by the consumer credit act 1974 sign it only if you want to be legally bound by its terms " Below is a series of 6 boxes . I wish to purchase 1 personal accident plan 2 lifecare 24 3 homecare 24 4 other 5 other 6 PPI of the boxes are ticked , below that again is another signature box " I understand that i am purchasing the product (s) ticked above ( nothing ticked ) on credit provided by you and the terms relating to the credit for the product can be found above and overleaf in this agreement. Now this is what im hoping is the saviour here . My sons signature is in the wrong box , he has signed the box for extra products ( there are no boxes ticked , so he has signed for nothing )and not put his signature on the bit that says credit agreement . Also the terms and conditions are on a seperate page . I thought that they had to be on one side or the other of the original agreement ? But is that irrelevant as he hasnt signed the agreement in the proper box

I have had a good look ODC and have arranged bullet points but it looks messy and not very articulate . I have read a few interesting posts where solicitors ave slipped up on procedures and had their cases thrown out , Im assuming that this appeal hearing is only to see if Wel**** can go ahead and apply for the order and that it wont be decided on tues. Most of the below apply to him . Where you have a number of debts, whether making a charging order in favour of one creditor would give them unfair priority over other unsecured creditors. It is particularly useful if you can show you already have a payment arrangement in place with your other creditors. This would be affected by a different arrangement being made. Whether there are any other creditors who might object to the order being made. The charging order nisi should be sent to all your other creditors. If they have not been informed of the hearing you can ask for the application to be dismissed or at least adjourned to allow creditors to be notified and make an objection if they wish. If the debt is small you can argue it would be unfair to make a charging order on your home if it is worth a lot in comparison. This is based on a case called Robinson v Bailey. ( £4,100 owed ) Whether the creditor could have given you a secured loan when you first took out the loan. If they decided to give you an unsecured loan instead, this could be particularly relevant if you have other unsecured creditors who may be disadvantaged by a charging order being made. Whether there are other ways the court could enforce payment of the debt. You could ask the court to make an instalment order or an attachment of earnings order so that the instalments would come directly from your wages. This only applies if you are employed and your employment would not be at risk. . If your home is not worth as much as your mortgage (also known as "negative equity") then you can argue it is not worth a charging order being made as the creditor would not be paid off even if they forced your home to be sold. You should point out any particular hardship which your family would suffer if a charging order was to lead to the sale of the home. This is particularly important if the debt is not in joint names, as it is not then your partner’s debt

subbin

subbin

Welcome as i expected did not respond to my sons offer of ten pounds a month , he has received a date to attend court on the 17th for his appeal against the charging order , any good letters or pointers he can use around? I read here somewhere that you can ask to have terms attached to terms to the charging order if it is to be granted , not sure how this is done either, he isnt a great speaker and i will not be in the country to help him out . As usual any input , advice would be appreciated.

Virgin are a joke , if i miss my due date i never rush out to pay my bill , i like to get value for money for my £10 late payment charge , a phonecall and a letter , ( ok i know and you know that this doesnt amount to a tenner ) but its nice to get something in return . However i have just sent them a bill for £10.00 for the late delivery and the late phonecall reminder, seems to me if im paying a tenner for something then i should recieve it in a timely manner. Mon 9th Nov 6.10 pm phone rings , VM seeking a credit card or debit card payment from either me or friends and family , Sorry i cant help you there im afraid , though i will pay by paypoint tomorrow. Ok sir i have placed a note on your account to that effect . Tues 10th 8pm i duly pay my phone bill via paypoint as agreed . Wed 11th awoke to find my services had gone during the night , quick phonecall to VM confirms that they have indeed restricted my services for non payment , I of course mentioned the verbal agreement with their collections team , Oh im sorry sir but they must not of had enough time to stop the restriction ! So you mean they left the call too late? We are quite busy sir . Thurs 12th letter arrives dated 5th Nov " we dont seem to have recieved your payment you should pay us immediatley to stop restrictions being applied to your account. Bit late on that one as well . I have written to them pointing out that i felt i didnt get the value for my £10.00 due to their late payment letter and phonecall being too late , and i felt i had no other option than to impose a late notification charge of £10.00 . Bet it goes down like a lead balloon.

Subbin

subbing

interested in this one

I know a little debt collector his name is slimey Jim and every now and then i throw tomatoes at him now tomatoes are soft and they dont hurt the skin but these f***ers do cause they are still in the tin

Good 1 ODC LOL:D

My next door neighbour is a DCA he has just invited me out for a water fight , as soon as this kettle boils im out there.

I saw a DCA drowning last week i contacted the emergency services , i hope they were able to save him , would be a terrible waste of a stamp if they didnt.

He has 8 creditors and has just posted letters to them all including welcome offering £10 a month until his situation improves , given that he only has £85 a month left , he cant offer any more than that , and im sure the courts would agree

I meant i had advised him to sell it a while back , after mortage and living expenses he is left with about 85 quid a month , In my view thats not living its surviving. He is young and fears the worst i would just like to ease the worry on him , getting one up on Welcome would of made him smile . I doubt that he would be selling his house within the 12 years now , he has stuck it out this long , and hopefully in a year or so s time he can switch his mortage to a lower rate .

I understand that ODC i told him to sell it anyway and get one of the Executive so he can have a life , but it sickens me that he works long and hard to keep up the repayments on his mortgage and they sit on their asses and reap the fruits of his labour

So would it be possible to get the charging order put on the back burner untill the enforcement officer has had a chance to go over his finances ? He is young with 3 kids and panicing over this , should the letters have come recorded? Anyone have time to word a letter for him , outlining why they shouldnt proceed at this point? Just a point on dates , the letter was dated 5th oct arrived 9th oct and states that he has 8 days from the date the letter has been deemed to be served in which to reply , how on earth is he supposed to know when it is deemed to be served without recorded delivery.

He has contacted the courts they said they will be making arrangments to visit him at home , the solicitor representing welcome is N.I based . I thought that a charging order was only made if you have failed to meet the repayments set out by the courts , as nothing has been set up are Welcome jumping the gun or am i wrongly assuming they should wait until he has been visited by a court officer? The letters all came in ordinary post , on the paper it says court service when he phoned the number it was solicitors office

Been a bit long on any new occurences , my son heard nothing from enforcement officers and has now received 3 letters from welcome , one addressed to him the other to his wife and a 3rd to anyone over 18 who lived in the house , Welcome have decided they will now go to court for a charging order on the property , they have given him 8 days to appeal against them taking the action . This is unknown ground for me , i know i did read a letter appealing against a charging order on one of the many posts i have read here but god knows which one . I think it stinks a bit that an unsecured loan can now be secured against a property , Surely the onus is on the court enforcement office to get in touch with him and assessing what he can afford to pay , seeing this hasnt happened would there be grounds for the courts failing to assess him help in postponing any charging order action ? any help , or advice in a hurry would be appreciated as usual.

Will do ODC but will make sure he tries to get any charges etc off the account as well

Will get him to send off the usual requests , it might reduce the sum owing , though as he stands he cant see how he can afford to pay them anything significant each month , he is struggling to pay his mortgage every month as he is trapped in an 8 % interest rate for another year and a half .

Sorry guys it was issued in N.I craigavon to be precise

Need a bit of help on this one guys http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/217496-intent-enforce-money-judgement.html#post2399027

Hi folks my son was taken to court by Welcome finance last year and they were granted a ccj against him for £4 k odds he hasnt paid a penny off the debt because he realy couldnt afford too , im only finding out about it now as he has recieved a letter from the court , informing him that he has ten days to pay the full amount , or Welcome may seek an enforcement order against him. He hasnt a clue when the loan was taken out , though its possible it was pre 2007 , What i need to know in a hurry is how can he stop Welcome getting an enforcement against him . My thoughts are to request a copy of the agreement from them to asertain if they indeed have one and if it is enforceable and also see if there are any charges on the account , assuming there are charges will Welcome be able to proceed to court whilst he is disputing the amount owed ? If he does apply for the credit agreement and charges , should he write to the court stating that the amount is in dispute , and that all or any proceedings be halted until the matter is sorted. This is kind of urgent guys , so a swift response would be WELCOME lol