Jump to content

chopperclaire

Registered Users

Change your profile picture
  • Posts

    88
  • Joined

  • Last visited

Everything posted by chopperclaire

  1. Can I jump on board here - I have just posted similarly on the Credit Reference Board as I believe Welcome are doing this to me. Two accounts dating back from 2006/2007, one loan one HP Car (young and silly) anyways both defaulted all this time back, one even has a CCJ, yet one still showing as only code 6 on my credit file and one last month was code 3! How can this be - I have done nothing with these for nearly 3 years! Welcome updated the information in January 2010 so it is wholy inaccurate. Any recommendations what roads I should go down? Thanks
  2. Hi Longtime since I have been on here but following a split with my ex and "disassociating" ourselves have been looking through my credit file. I have two queries with the information. There are two entries to welcome finance, one was for a loan and one was for car finance. Neither are showing as defaulted just have code 6 for the payments. Now the loan one defaulted approximately 2007 and they actually have a CCJ in this respect so I am confused why the entry is not showing as defaulted - is this so it will stay on my file longer as obviously the CCJ Will go in 2013. Secondly the car finance - again this defaulted around 2007/2008 and I dont even have the car anymore - but is still showing as code 6. I am finally getting my credit back on track and everything is looking much better - by 2013 (ages yet) I will be back having a good credit report - apart form the two entries above. Can anyone advise what I should do? I have written to Credit Agency about this but they haven't rectified. Should I contact Welcome? I dont want to open a can of worms? Thanks in advance C
  3. Well, I would like to say I had received a response from Welcome Finance, but what I have received is a compliments slip with a copy of the documents which I signed! HELLO! I am not disputing I signed them I know I did, I am disputing that I was not explained what the PPI was and that it was implied that this was required to be taken out to obtain the loan!!!!!! Where are their replies to my enquiries? They are today getting a snotty letter back, and being told that as the account is in dispute no further payments will be made and interest is to be frozen! Will keep you posted.
  4. Well add me to the list of people taking on Welcome Finance! Basically I have a loan with them which I took out this time last year for around £3000. I saw the FSA annoucement re GE Money and thought I would look into this, as I believe that I was told that no PPI equalled no loan! Checked my agreement and PPI of £1200 has been added on. I therefore rang local Welcome Office about this and spoke to a guy who said, yes I can cancel but they will get a reimbursement figure from Norwich Union and this will just be knocked off what I owe them, ie not reducing my payments in anyway. Now I believe that it shouldn't have been there in the first place. I didn't need it, I am covered through my job, and frankly it wouldn't cover me anyway (I am pregnant and it does not cover maternity leave), why I am therefore paying for it! So I have written a letter to them asking them to refund the balance and either amend my payments accoridngly or let me have an up to date balance which shows that this has been refunded! I have also stated I want all interest payable on the £1200 from when I took out the loan to date, which they have charged at the loan rate (some extortionate amount). I have also said I will serve a SAR on Norwich union for the info they hold on file about my loan which would reveal to me the "true cost" of the insurance! Which I believe is about 80% of what they have charged me! Now the interesting thing here is I actually deal with these people at welcome from a business point of view as I am a Solicitor in the local area, and they are very familiar with me, and me with them. I am interested to see if this has any affect on how they deal with this, as when I spoke to one of the guys I did say I would consider legal action, etc etc, and he said they would "want to avoid that" at all costs! Basically one of the other Solicitors here took them to Court and won! Huh. We shall see. So that's my story. Will let you know how I get on, and if my case can help someone else, then hope me sharing my story is worth it!
  5. Sorry haven't updated sooner! Well I turned up at Court armed with all my paperwork etc, and after waiting 30 minutes was called in. The Claimants Solicitor, put forward the details of claim, and I explained my defence and the documents which I provided. The Judge said as far as he could see there was no claim as it was obvious from the time of agreement that I had paid over £4075 which was the amount stated in the clause for me to be able to terminate and not pay anthing further. He stood the matter down and asked the Solicitor to obtain payment details from his client immediately. Solicitor went and did this and we went back in. I had paid over this amount, and the Judge said he clearly did not see under what basis they were claiming as it seemed evident I had acted in accordance with the Agreement. Solicitor said that he understood his client had terminated agreement not me, however he could not produce any evidence to prove this. Therefore claim relating to loan thrown out and no judgement made. However, with regards to PPI insurance, the Judge said that as the Contract states optional Direct Auto may have a claim. I quoted recent FSA ruling against G E Money and said I would defend any claim on the basis of the insurance being missold. He said he would therefore refer the PPI part being approximately £1000 to a small claims court and then I can provide a defence if I wish, but as far as he was concerned the matter was concluded. So just the PPI part to fight now, but the loan part being £5000 I won! Just goes to show, we can take on this shoddy company!
  6. Hi Just to let you know I am attending a Direction Hearing on Monday at my Local County Court. I have obtained advice from a colleague who has set out all the relevant documents, which I need to take with me, and has given me a bit of background info on the Judge, who apparently is a very reasonable man who's daughter has just had a baby (I will be sticking the pregnancy bump out, hoping for the sympathy vote!) My colleague advised that they have only set 10 minutes aside for the case, and she thinks that this is in my favour, and it may be that they will throw it out straight away. She said my arguments in defence completely stand up, and they will have to produce documents and provide evidence to argue my defence points! We will wait and see! Am a bit nervous, but I am calm and cool-headed and have all the facts in front of me! I am also quite good at speaking, so hopefully I will be able to get my points across and succeed in stopping this shower of S***E ripping me off! Will let you know how I get on! Claire x
  7. Sorry I can't help here, but am watching with interest. I too was being chased by Robinson Wray re an account with Next, when I asked for the same thing, they sold it onto another Company. I have therefore now asked this other company for the signed agreement - and haven't heard from them for months! Think there may be a loop hole with Next Directory, just wish I knew exactly what it was!
  8. Did wonder that myself. Have not sent letter yet, so think I will amend it to return the cheuqe, just to be on the safe side! Thanks
  9. Update. Court forms taken to Local Court on 1st Feb. Letter dated 1st February received from Yorkshire Bank with cheque for 50% of charges being £775. Have declined the same and advised that Court Action was commenced, however slightly delayed being issued due to Industrial Action. Have stated I will retain cheque until such time as full and final settlement is made, however this will not be encashed, and is not accepted as full and final settlement. Advised their offer is declined and am now only willing to deal with through Court Procedures. Trust this is all ok? Claire
  10. Just to update. Usual fob off response received from YB yesterday. LBA sent today. 14 days and counting.
  11. Can completely relate to the leaking ceiling as I had water pouring through mine Christmas Day!!! I presume you rent a Leasehold Flat and your Landlord is either the owner of the Freehold of the whole building (ie person solely responsible)? The reason this could be of importance as it is worth finding out who is responsible for the insurance for the whole building. You will obviously have insurance in place for your flat, but if it is a structural default from the flat above the likelihood is that the owner of the building would be solely responsible ie your Landlord. Does your tenancy agreement make any references to you having to insure, or as to what parts form part of the extent of the property. This may seem daft but if ceilings and floors are not specifically listed they can still be classed as the responsibility of the Landlord, hence they would have to rectify. I know the Landlord being away will not be much use, but as a Property Lawyer, I would recommend that both yourself and the owner of the flat above send a "Notice" to the Landlord pointing out the problem to each individual property and stating that they have 14 days to inspect and rectify the problem. Failure to do so will result in you arranging for the relevant work to be carried out with all invoices to be forwarded to the Landlord. I am sure the Tenancy Agreement will cover the fact that the Landlord is responsible for structural faults, which a leak from a flat above affecting your ceiling would be classed as. Hope you get it sorted out! Claire
  12. John, ensure that you get a "furnished" assured shorthold tenancy agreement (6 months tenancy) as the conditions vary slightly if you are leaving items at the property. Would also recommend that you make a comprehensive list of the items which are being left, whether in the attic or not. This then needs to be attached to the Agreement and you all sign to say the list is correct. Claire
  13. For them to register a legal charge you would have to sign and consent to the Legal Charge form. They may register what's called a caution against your property or a restriction, neither of which require your consent. These prevent you from selling your property or remortgaging without them being notified and their consent being obtained. In order for them to register anything against your house they have to get whats called a "priority search". You can stall this if you can lodge a priority before them. If you are aware of the Title Number for your house you could do the search yourself, it is called an OS1 search, and they last for 40 days (i think). This way they would not be able to register anything. This may give you some time to bargain and reach an agreement with them. It also tells them you know what you are doing! Hope that helps and good luck
  14. Well, to be honest this has taken a back seat, as I found out I was pregnant, was ill in hospital and had a lenghty issue with YCC which had to take priority. Anyway am back on with tackling YB and am starting again as such, as I can't remember where exactly I got up to and decided fresh correspondence would be best. So Initial Approach sent today. Visa £359 Current Account £1191. I know this is not going to be easy reading evreyone else's post, but am in for the long haul here!
  15. No, they wouldn't give me it! The only messages I got was from a girl called Natalie who I could tell was not a Solicitor and was more like an assistant. She could not answer any of my questions and I think I confused her with my legal jargon! I know they are registered with Law Society and are within Top 100 Law Firms, but if I provide the service they have given me, I would be on my way out the door by now! Am not happy to part with that kind of money unless I know on what terms they are planning to defend me.
  16. Sorry, my error in typing. It say is "NOW" liable to pay.... etc etc I wish it did say not! lol Thanks for your post Switch, I think you are right, and alarm bells are ringing in this regard. I feel confident enough to defend myself and have plenty of people on hand to help me out. The people on here are wonderful and luckily I have a colleague who will run things over for me. I will put my defence on here either tonight or tomorrow, and any recommendations/suggestions would then be great. Thanks Claire
  17. Papers were served 5th Oct. It states they are deemed to be served 5 days after that, so that would be 10th. I have to acknowledge and state my intention within 14 days, so that would be 24th. I then get a further 14 days to lodge a defence, which would take me to 7th November. So yes to my calculations I have a week or so to put a defence together. I will get this typed up and post for opinions etc. I will then get a colleague of mine to check it over as don't want to involve work too much, as want to keep it as personal as possible.
  18. I did amend the Defence, and incorporated the recommendations above. This is on my home PC so will post tomorrow. I have the Court form here and intend to return with Intention to Defend marked thereon. I see no reason why I cannot defend myself as I feel my arguments are justifed and I am also looking up various statues at the moment. The particulars of claim are as follows:- By an Agreement dated 23-07-2004 Claimant advanced the Defendant the sum of £5740. The agreement was regulated by the CCA 1974 subject to repayment of principal sum and payment of interest and charges. The loan was payable by monthly installments of £235.14. The Defendant failed to maintain the instalment payment of 27-05-20006 and became in arrears to the extent of £470.28. Onr or about that date the Claimant issued a deafult notice to the Defendant who was required to remedy the breach within 7 days. The defendant failed to comply with the notice and is not liable to pay the total balance outstanding under the agreement of £5397.32. The claimant therefore claims £5397.32, and contractual interest from the date of issue at the rate of 19.90% until Judgement, along with costs. Can I also add Golds Solicitors have been ringing me since the papers were issued asking me to propose a settlement to them which they will accept to settle the matter. I have simply advised I would not discuss with them as I am obtaining legal advice. They rang again today and I stated I would be replying to the documents issued in the next day or so. Top and bottom is no default was ever received, they cannot even specify a date this was served, and I doubt it ever was!
  19. Hi, Just to update, and to ask for some advice really. Have spoken to some Solicitors who specliase in Yes Car Credit, they have told me they will act for me and defend but want £750 on account. However they will not tell me under what basis they are going to defend for me! They told me they needed money asap, but when I asked to speak to the Solicitor for explanation on what terms they were gonna defend was told he was out until Friday. My defence has to be lodged by Thursday at latest, and therefore I am confused as to how they are going to do this! I do not feel 100% confident with this Company, and as I am a Solicitor myself (although in a different field), having spoken to a colleague they have told me they would detail to the client a full explanation of the defence! Does anyone have any advice for me. I am tempted to lodge the defence that I had done, as from what I can gather, as i sent this to the Sols and the woman I spoke to, they indicated they would defend on similar terms to those which I had written. Can anyone offer any advice?
  20. Thank you all for your messages of congrats. Robinson-Clan, have a read round the site, FAQ's is useful and Bank Templates Library.
  21. I WON! YEY! Received letter from Halifax stating would defend claim, then day after letter received stating funds would be in my account within 5 days. Just waiting on them arriving now, and will then lodge form at Court stating the matter has been settled. Once funds received donation and survey will be completed. Thanks for everyone's help, and to those who have any doubt that this works, keep going and you will get your money. Claire MOD's - will you change my title please
  22. You will definitely get all your money back, and they send these ridiculously low offers hoping people will accept them! Just one thing, if I remember rightly the limit for the small claims court is £5000 so you may have to look into this, and split the claims into two.
  23. Presume you have sorted this, but ensure your wages go to an alternative account otherwise they may be frozen aswell and you will struggle for another month.
  24. Thank you. I would be quite happy for it just to be ordered that I don't owe them anything. I aren't overly interested in getting anything back, just want them off my back so I don't have to worry about it. Should be speaking to Stephensons this afternoon, so hopefully will make some progress there. If they already have the arguments and case law in place then they are certainly the best people to deal with it. Your advice and comments are much appreciated and have allowed me to breathe a bit easier now. Claire
  25. Many thanks to you both for your responses. I am a lawyer myself although Litigation is not my area, and I work in property. I have easy access to all the statutes etc, and can speak to a Litigation Lawyer here for advice, so guess I am in a better position than some. I cannot believe they try to get away with this. They had no Court Order to repo the car, did not serve default, and I stated I was surrendering the car!!! Have looked on the saynotoyes website who recommend a Solicitors, so have contacted them to discuss. Will definitely not try to defend on my own based on what you have said, as along with all this happening am also 3 months pregnant and do not need the stress of dealing with it myself. I did ask them for a breakdown of the account to see if there was anything which I feel I genuinely do owe them, was then planning to put a payment proposal to them, however they didn't respond and just issued Court papers. Will teach me to deal with these edit sods ever again! EDITED due to libelous wording.
×
×
  • Create New...