Welcome Finance secured loan - sold to coast now resale to swift advances!!

[razorc]

hi , i have a loan from welcome F (secured) but on the credit agreement my address does not have the flat number of my home , only the address of the whole building as there is 8 houses in the building does this mean the agreement is not complete right?

[razorc]

hi thanks for quick reply , what you mean by default my account , all the letters we receive from them have our correct flat number on it , just the agreement hasn,t , it was typed by them.

 

thanks

[sequenci]

hi , i have a loan from welcome F (secured) but on the credit agreement my address does not have the flat number of my home , only the address of the whole building as there is 8 houses in the building does this mean the agreement is not complete right?

 

it is a non-prescribed term which means that it can still be enforced with the leave of the court. it's a minor mistake.

[razorc]

 

 

ah thanks , just asking as there a pain in the arse this mob when you miss 1 payment.

 

 

always telephoning when its time to pay and stuff.

[sequenci]

is the agreement your copy or a true copy you have requested?

[razorc]

 

its the copy i signed but never noticed it before

[sequenci]

its the copy i signed but never noticed it before

 

send off a £1 and see if they have a copy still on file

[razorc]

 

ok will do and hopefully they dont have it sick off paying there high interest charges

 

thanks for your help

[razorc]

hi all , I sent my request for the copy of the CCA to welcome fin who received the letter dated 27 june so they have till Wednesday 12th July to send it to me , what do i do if i dont receive it by the 12 calendar working days ?

 

 

cheers all

[pj41]

Hi Razorc,

 

Post number 63 (above) from StoneLaughter might give you some assistance.

 

The trick here is read. If all else fails, by all means ask but most repetative questions are already answered.

 

Sorry if this sounds abrupt but if everyone asked all the same things in every thread it will take hours and hours of reading just to gain some more valuable information.

 

 

Good luck with your claim

 

 

Paul

[razorc]

 

 

ah thanks reading it now , didnt see it and i read all of this thread , oops

 

[pj41]

No worries buddy!!

 

Cheers

 

Paul

[razorc]

just got my credit agreement from them and noticed mortgage indemnity of £550 on it

 

it was a secure loan of 5000 we got but with this added to it and payment protection insurance added the ammount of the loan has added up to £7142.05

 

ppi - £1357.05 plus the £550 for mortgage indemnity

 

question is these 2 amounts probably get interest added every month

 

have they the right to add this on - mortgage indemnity insurance

 

2 weeks ago i cancelled the PPI form them and told the feckers to recalculate my loan with them

 

but need bit of help with the mortgage indemnity insurance

 

can anyone tell me if a account is in dispute , can they still add interest on to the loan

 

having a nightmare with these

 

they are saying they are adding interest on to it

 

thanks all

[chancer1]

Not to sure if it depends on why the account is in dispute, I had them on non compliance of a CCA request, I wrote to them and told them....

 

1) ask you for payment

2) add any charges or interest to the account

3) pass on any information about the account to any 3rd party

4) put any marke on your credit rating.

 

This advise was giving to me at t the time

[Chris_w]

Taken from the OFT Debt collection Guidance final Guidance on unfair buisness practices (July 2003) updated (December 2006)

2.6 Examples of unfair practices are as follows:

 

a. contacting debtors at unreasonable times and at unreasonable intervals

 

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

 

e. not informing the debtor when their case has been passed on to a

different debt collector

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

 

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

 

Look at (h)

 

Hope this helps

[razorc]

hi there can anyone have a look at my agreement having a totall nightmare of a time since nov06

 

loan over 5 years - been in dispite since no 06 - and made no payments.

 

reason is i have finally got them to get the ppi of the loan , and they are giving us a new agreement to sign without the PPi . Payment was £181.36 now it'll be £132 with 24months to go.

 

they are also taking all charges and any interest thats been added took off and giving us £350. as goodwill . (hooray not)

 

Also when we took out the loan which was in oct03 , which is a secured loan

- i live with my girlfriend who bought the house , i'm not named on it

 

at the time we took the loan i was in temp work ,

on the agreement i am named as the consentor ,

anyone know what that means and can they make me a consentor to a loan if am a temp worker ,

 

they have included my wage at the time with my girlfriends.

 

i can scan the agreeement if anyone wants to check it out for me

 

thanks all

[steven4064]

Hi razorc

 

Yes scan it and post it. Someone will take a look and advise.

[razorc]

thanks steven , will scan it in this morning

[razorc]

sorry for asking this , but how do i upload my scanned agreement to the site

[steven4064]

You will have to use something like photobucket and then post a link

[razorc]

Allo Steven , heres our orginal agreement with welcome , if anyone can have a look at it for us

 

link here - Image of agreement - old one - Photobucket - Video and Image Hosting

 

 

trying to find out these answers

 

1 - I am named as a consentor on it as i am not named on girlfriends mortage and at the time they included my wages as a temp worker as my girlfriend would not have be able to afford the loan , so should we have been accepted for the loan

 

2 - does the agreement look all ok ?

 

thanks for the help

[hellhasnofury]

Hello Razorc

 

I am not an expert, this is my opinion only, best post it on those threads I mentioned, if you can get peterbard to have a look at it. He is the best and very helpful.

 

It looks like all of the prescribed terms are there. They have been very carefule to state the ppi and that you fully understand the process. Did you receive the policy and the terms and condition of the ppi

 

Things I think are a bit difficult to know so may need the expert. It states that it is an application for the loan as they will be referring to the credit reference agencies. There is no cancellation rights. and at the bottom rt hand corner it state your rights. Something about you should have received your agreement 7 days prior to signing . Did that happen???? There maybe something else to do with the total charge for credit not being applied correctly. There is no date in your signature box.

 

Sorry I cannot be more helpful, but these are my observations so I am not sure that it is enforcable or not

 

Please do post the agreement on those thread. The more opinions you get the better.

 

Good luck, will watch with interest.

[razorc]

thanks very much for the info there , will get it posted on there get it checked out

 

 

thanks again

[steven4064]

I don't think this is an a copy of an enforceable agreement. Section 127 of the Act:

127.--(1) In the case of an application for an enforcement order under--

(a) section 65(1) (improperly executed agreements), or

(b) section 105(7)(a) or (b) (improperly executed security instruments), or

© section 111(2) (failure to serve copy of notice on surety), or

(d) section 124(1) or (2) (taking of negotiable instrument in contravention of section 123),

the court shall dismiss the application if, but (subject to subsections (3) and (4)) only if, it considers it just to do so having regard to--

(i) prejudice caused to any person by the contravention in question, and the degree of culpability for it; and

(ii) the powers conferred on the court by subsection (2) and sections 135 and 136.

(2) If it appears to the court just to do so, it may in an enforcement order reduce or discharge any sum payable by the debtor or hirer, or any surety, so as to compensate him for prejudice suffered as a result of the contravention in question.

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

Section 127(3) makes it clear that an agreement is only enforceable if it is singed by you and has all the prescribed terms of the agreement. THis last is interpreted as meaning on the same side as your signature not on the opposite side as here as you need to be seen to have signed up to them.

 

Perhaps someone else will confirm.

[razorc]

hi again , if its not a copy what is this i have from them ?

 

thanks for the post