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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
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    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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Suspended AOE with Welcome but Set Aside CCJ Hearing - Confused?


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They charged you 6K interest on a 7K loan?! :eek: WTF!

 

A few things need answering...why they required to secure a 7K loan, why it is listed as full cash advance when it obviously wasn't, and the figures don't seem to add up for me (but I ain't great at that lol)

 

You really need a bank statement showing how much cash advance you actually received then... also THEIR statement showing the starting balances etc as this will show what the £7k really did and their 'Statement of Price' which will shwo you their breakdown of your payments.

 

You also need a statement showing the original car loan being cleared.

 

Also request a copy of the security to prove they HAD a legal charge on your home (then) and see if they had any claim to money from the sale of the property....

Edited by Dipply75

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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They charged you 6K interest on a 7K loan?! :eek: WTF!

 

A few things need answering...why they required to secure a 7K loan, why it is listed as full cash advance when it obviously wasn't, and the figures don't seem to add up for me (but I ain't great at that lol)

 

You really need a bank statement showing how much cash advance you actually received then... also THEIR statement showing the starting balances etc as this will show what the £7k really did and their 'Statement of Price' which will shwo you their breakdown of your payments.

 

You also need a statement showing the original car loan being cleared.

 

Also request a copy of the security to prove they HAD a legal charge on your home (then) and see if they had any claim to money from the sale of the property....

 

I have a statement at home which I will put on here this evening and see if you can work out what they have done. The statement doesnt show the 1st loan being cleared, merely what I have borrowed in one lump sum.

 

I am disputing the 7k which was one of the reasons for the CCJ getting set aside.

 

Would I need to request the statement clearing the first loan from Welcome or the Solicitors that I am paying? What happens if they have no record of this when I know for a fact the 1st loan was paid off with this one?

 

The sale of the property is irrelevant as the monies from the sale went to pay off the mortgage and only the mortgage, there were no available funds after this.

 

LL

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I agreed to the secured loan at the time as this was the only way I could get a loan as my credit file at the time was shot to pieces.

 

OK, fair enough to agree to it being secured to get the loan but they still have to give you 7 days cooling off period by law,

 

Daft question but when you paid off the original car loan, was it HP did you then keep the car? (ie not have to hand it back or anything?)

 

Not trying to be nosey, just to see exactly what they've done to you :)

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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The sale of the property is irrelevant as the monies from the sale went to pay off the mortgage and only the mortgage, there were no available funds after this.

 

Aaah, got you.

 

Would I need to request the statement clearing the first loan from Welcome or the Solicitors that I am paying? What happens if they have no record of this when I know for a fact the 1st loan was paid off with this one?

 

Is the solicitors Howard Cohens by any chance?

 

I have a statement at home which I will put on here this evening and see if you can work out what they have done. The statement doesnt show the 1st loan being cleared, merely what I have borrowed in one lump sum.

 

Very interesting, so what happened to the 1st loan in their system then, hmm. Can you remember, or have a bank statement showing how much in actual cash you did receive from the secured loan?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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OK, fair enough to agree to it being secured to get the loan but they still have to give you 7 days cooling off period by law,

 

Daft question but when you paid off the original car loan, was it HP did you then keep the car? (ie not have to hand it back or anything?)

 

Not trying to be nosey, just to see exactly what they've done to you :)

 

Ask away don't worry :) especially if you are able to help I am more than happy to provide the info.

 

Basically, I took out a CAR loan with them and the money was against the car. It was bought from a car dealership. The reason I paid off the 1st loan was to upgrade the car so the 1st loan was paid off with the 2nd one and apparently they can only secure £x amount on a car loan and anything higher needed to be secured, hence why it was put against my property BUT any car that I purchased with that money was free from debt.

 

Does that make sense? LL

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Is the solicitors Howard Cohens by any chance?

 

Very interesting, so what happened to the 1st loan in their system then, hmm. Can you remember, or have a bank statement showing how much in actual cash you did receive from the secured loan?

 

No its Young & Pearce based in Notts.

 

I don't know what happened to the 1st loan I guess I would need to get hold of the paperwork, but checking my Equifax report, the loan is shown as settled at the same time as the new one started :D

 

To be honest I cannot even remember who I was banking with when I took the loan out, it might have been Nationwide but would need to revisit old bank statements.

 

The car that I purchased was £6,000 and I traded in my old car at the same time, from memory I got £1,500 for it so £4,500 would have been used as cash and the remainder to pay off the 1st loan.

 

LL

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looby you have left you address on the second link,

 

ida x

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looby you have left you address on the second link,

 

ida x

 

Have removed 2nd link which contained an address.

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  • 2 months later...

Update...........

 

I have been paying this debt at £30 per month given that there is no legal obligation for me to pay this (CCJ was set aside), the Courts actually told me that I didnt need to pay unless they got a further CCJ set against me.

 

Anyway, I missed a payment last month due to my son starting secondary school and far too much money being spent on uniform etc. etc., etc.

 

I have now received a letter from them threatening me with legal action if I dont pay this £30!

 

I feel like writing back and telling them to get lost given there is no CCJ and therefore I am paying this off my own back and not because I have to!

 

Clearly I cannot just tell them to get stuffed as much as I would like to as it might prompt them into getting another CCJ against me, however, is there a letter I can send them to tell them to politely get lost given they do not hold anything on me to pay this as the CCJ was set aside?

 

I also need to know how much of this debt needs to be paid off as approx £6k was interest and the debt is now double the original offer!

 

The pages were scanned in but no one has come back to me unfortunately so any help greatly appreciated, thanks LL

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loobyloo, I am not sure what you are asking.

 

You say the Court advised there was no need for you to pay this money back, but you are doing so anyway ?.

 

Having missed what is purely a voluntary repayment, the company is now threatening legal action.. is that a correct summary of the situation ?

 

Did the court give you anything in writing ?

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Uploading documents to CAG ** Instructions **

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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right you need a plan of action the interst and charges are sky high

 

1st send welcome a sar

 

inlcude in it that you want copies of all agreements you have had with them. knowing welcome they wuld have made sure you took PPI on the first loan so incude that you want details of all PPI payments and charges and copy of the underwriting sheet as well

 

we need you to rescan the agreement you have but block out all your personal details on it this time.

 

Ida x

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Ida has you on the right track.. good luck. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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