Suspended AOE with Welcome but Set Aside CCJ Hearing - Confused?

[loobyloo35]

LL

 

Do you have a copy of the signed loan agreement at home? did you advise the loan company of the change of address? (if so in writing?)

 

S.

 

In short..... no!

 

Basically, the loan was secured on the house, and when the house was repossessed I took it that the loan would be repaid from the sale of the house and any debt secured on it.... it wasn't until Jan this year that I realised that was not the case as I hadnt heard a thing!

[the_shadow]

In short..... no!

Basically, the loan was secured on the house, and when the house was repossessed I took it that the loan would be repaid from the sale of the house and any debt secured on it.... it wasn't until Jan this year that I realised that was not the case as I hadnt heard a thing!

 

I think youre going to need to do a major fact finding mission, possibly after the defence or application for more time is put in.

 

I think you'll need to find out...

 

a)how much mortgage was outstanding at repossession,

b)How much any fees the mortgage firm added to the amount outstanding.

c)how much the house was sold for,

d)how much the secured loan was at repossession and how much was discharged from the loan with the sale funds.

 

I believe the mortgage people take precedence over the secured loan so they would have ensured they were fully re-reimbursed before passing a penny onto the loan company.

 

All this info should give you an amount that the loan company were allowed to claim and then from that you can work out interest & fees they have added since and possibly challenge the amounts.

 

S.

[loobyloo35]

I think youre going to need to do a major fact finding mission, possibly after the defence or application for more time is put in.

 

I think you'll need to find out...

 

a)how much mortgage was outstanding at repossession,

b)How much any fees the mortgage firm added to the amount outstanding.

c)how much the house was sold for,

d)how much the secured loan was at repossession and how much was discharged from the loan with the sale funds.

 

I believe the mortgage people take precedence over the secured loan so they would have ensured they were fully re-reimbursed before passing a penny onto the loan company.

 

All this info should give you an amount that the loan company were allowed to claim and then from that you can work out interest & fees they have added since and possibly challenge the amounts.

 

S.

 

 

I am now starting to get REALLY confused, because up until now the repossession has never been mentioned and has never even been mentioned in ANY correspondence received from WF.

 

WF have never made reference to the fact this loan was never paid off at repossesion, they have never said anything like this to the court or to myself in all the paperwork that has been passed around.

[the_shadow]

I am now starting to get REALLY confused, because up until now the repossession has never been mentioned and has never even been mentioned in ANY correspondence received from WF.

 

WF have never made reference to the fact this loan was never paid off at repossesion, they have never said anything like this to the court or to myself in all the paperwork that has been passed around.

 

If the loan was paid off when the house was repossessed and sold then what are they claiming for?

 

S.

[loobyloo35]

If the loan was paid off when the house was repossessed and sold then what are they claiming for?

 

S.

 

That was it, the loan wasnt paid off that is why they are chasing.

 

At the end of the day if they win the case the worst that can happen is that they can get the Judgement reinstated and I am back where i am now paying them £30 a month?

 

BUT If I win and stop paying they will then have to start the process from scratch.

[loobyloo35]

Quick question whilst I put my defence together........

 

My current loan with WF was partly used to clear an existing loan I had with them, however, WF have NOT provided me with any paperwork pertaining to this 1st loan.

 

I was told a while back that this kind of action is not allowed or can be frowned upon and I would like to word something that I could include in my defence..... can someone help please? Thanks

[loobyloo35]

I have now received further paperwork....

 

I submitted my defence as they requested and have now received a NOTICE THAT A DEFENCE HAS BEEN FILED.

 

This is addresssed to me with various bits of paperwork.

 

The text to the Defence form says..... The defendant has filed a defence, a copy of which is enclosed with this Notice. An allocation questionnaire is also enclosed which contains notes for guidance on how to complete it.

You must complete the allocation questionnaire on or before 10th July 09 and return it to........ A fee of £200 is payable by the claimant on the filing of their allocation questionnaire.

 

Now can I assume this paperwork is for my records given this section seems to relate to the Claimant that being Welcome?

 

They have also enclosed a letter addressed to me regarding Mediation services! God knows why!

 

There is also an attachment N150 Allocation Questionnaire which says is to be completed by me, however, the front page says it needs to be completed by the Claimant? Confused.com!

 

Any help greatly appreciated, thanks LL

[loobyloo35]

bump

[babybear39]

Regarding the mediation services they have to be seen to be trying to resolve the matter out of court. Everything else I'm affraid I can't help you with.

[loobyloo35]

Just a quick question..... should the Default be removed upon the successful application of a CCJ removal?

 

Thanks LL

[andymanx]

subb

[Dipply75]

Hi Loobyloo, just came across your thread and have asked some folk who know Welcome inside out to try and help.

 

Can I ask about the repossesion...did Welcome do that?

 

Do you remember having any insurance with Welcome and what are the figures involved?

 

Chin up, you're not beat yet

[postggj]

was it confirmed with the land registry that welcome had an interest in the house.

 

ive seen quite a few threads where welcome have not done this.

that could be a reason why the loan was not settled on the sale of the house

 

any notes in your sar or cpr

 

might be worth giving the land registry a call

 

and yes

 

on a set asside, the default and charging order will be removed

[loobyloo35]

Hi Loobyloo, just came across your thread and have asked some folk who know Welcome inside out to try and help.

 

Can I ask about the repossesion...did Welcome do that?

 

Do you remember having any insurance with Welcome and what are the figures involved?

 

Chin up, you're not beat yet

 

Thanks for your email.

 

No the repo was done to the hiking of the mortgage payments and as a single parent I just couldnt keep them up.

 

I didnt have any PPI with Welcome as I have checked the Agreement copy they have sent me, HOWEVER, one question does spring to mind....

 

My first loan with them was cleared with the second loan and I have been told they cannot do this. Can someone enlighten me please?

 

Thanks LL

[loobyloo35]

was it confirmed with the land registry that welcome had an interest in the house.

 

ive seen quite a few threads where welcome have not done this.

that could be a reason why the loan was not settled on the sale of the house

 

any notes in your sar or cpr

 

might be worth giving the land registry a call

 

and yes

 

on a set asside, the default and charging order will be removed

 

 

Thanks for confirming that the Default and the CCJ will be removed. It seems that Equifax have not done this and I have had to send the Court papers to them to get it removed !

 

With regards to your other comments, I am sorry but I have no idea.

 

Now that the CCJ has been set aside, what is my next step as I am still paying £30 a month to these guys knowing that the balance owed is double to what I actually owe, can anyone help please? Thanks LL

[loobyloo35]

bump

[IdaInFife]

there is nothing wrong woth 'refianancing' for another loan.

 

was this loan only for refinance or did you get cash from it as well?

 

ida x

[loobyloo35]

there is nothing wrong woth 'refianancing' for another loan.

 

was this loan only for refinance or did you get cash from it as well?

 

ida x

 

I got cash from it as well. Basically I had one loan with them and used the second loan to pay this off (first loan was for a car loan) and then the second loan was secured on property. This paid off the first loan and left me with some cash to enable me to change my car.

 

Does this make a difference?

 

I am now in a situation whereby I am paying £30 a month for a loan that is now over double what I originally borrowed due to their charges etc. and I need to find out what my next steps is, thanks LL

[IdaInFife]

yes i think it does,

 

can you scan the agreement and post it up (deleting any personal info)

 

ida x

[loobyloo35]

yes i think it does,

 

can you scan the agreement and post it up (deleting any personal info)

 

ida x

 

Will do. However, I cannot scan at home and any uploading websites are blocked at work.

 

I would be able to take digital photos of it though and load up from home if that is of any use?

 

Could you explain to me when you say that it does make a difference please? Thanks LL

[IdaInFife]

if your agreement has £xx amount to pay off another loan and £xx amount cash,

 

the refinance is classed as restrcited use and the cash woulb unresrticted use so therefor would be a multiple agreement and has to be laid out corerctly as such:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

if you can take a pic i think in macro mode and upload via tiny pic

 

ida x

[loobyloo35]

if your agreement has £xx amount to pay off another loan and £xx amount cash,

 

the refinance is classed as restrcited use and the cash woulb unresrticted use so therefor would be a multiple agreement and has to be laid out corerctly as such:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

if you can take a pic i think in macro mode and upload via tiny pic

 

ida x

 

OK I will check this out when I get home HOWEVER I have a feeling that no relation to the first loan is detail on this agreement

[babybear39]

OK I will check this out when I get home HOWEVER I have a feeling that no relation to the first loan is detail on this agreement

 

That's very nawty but not unheard of

[count orlok]

Are secured loans covered by the CCA 1974, and even if they are is there not a real risk of losing ones home should one default on the agreement?

[loobyloo35]

Are secured loans covered by the CCA 1974, and even if they are is there not a real risk of losing ones home should one default on the agreement?

 

The property it was originally secured on is no longer my property and the loan is no longer secured.