WF Secured loan in arrears?

[calgol]

My son has a very large secured loan out with these cowboys since 2006. He was sold PPI (I have the document) and I have sent out a letter to them asking for a copy of the original loan agreement to include details of insurance and any interest charges on the loan. However no reply as yet.

 

I know he's in arrears on this loan due to financial difficulties and there is about £4k outstanding. They are hassling him on a daily basis despite him paying a token amount of £200 about 3 1/2 weeks ago and telling them he's in financial trouble and is seeking help. Several different numbers are calling him and today he received 2 phone calls, one from a regular call centre person saying he needed to pay them £4.5k by lunchtime tomorrow otherwise they will be going round to his flat to seize goods to that amount. And then a further phone call from 'the Legal Team' who said that they will start proceedings if the amount isn't coughed up by tomorrow as well.

 

He's in arrears so I understand he shouldn't have too much sympathy and it was him who took the loan out but is there anything we can do (by tomorrow) in order to stop what I assume will be repossesion? Can we say that we are waiting for the copy of the original agreement along with all the charges before we can agree on a payment plan?

[The wife]

Hi cagol,

 

unless there is a court order bailiffs are not allowed to enter his house, the only bailiffs allowed to enter are those who are appointed by the council over council tax arrears. Under no circumstances should he let the bailiffs in. also threats of action which they can not legally do, or to make out that they can legally do it is wrong...there is legislation about it.

 

to be honest after this I am out of my depth but if he has made an offer and can make even a token payment they are NOT allowed to refuse it, so get your son to phone them and offer what he can reasonably afford each week/month also get him to put it in writing and if necessary take it and a copy that they can sign to the office showing his offer, then make sure he keeps the copy for future reference. in court (if it gets that far) it will show he was trying to make payments and be reasonable.

 

I imagine others on here will suggest SAR and CCA requests

 

also tell him NOT to refinance his loan under any circumstances.

 

hopefully someone more experienced can help you further..but I do know about bailiffs so don't worry about them.

[calgol]

Thanks, knowing that they cant just come in and take what they think will cover the arrears is good to know and should ease my sons fears somewhat.

 

I think I've seen on the forum to call an 0845 number to request any details that are being held on him to be sent to us, should I get him to do that tomorrow as well as calling them to offer a token payment? What should he do if they refuse a token payment?

[The wife]

if you request detials over the phone you wont get them do a Subject Access Request it will cost £10 make sure its a postal order and sent by recorded or special delivery...also make sure he prints his name and does not sign it.

 

as for the phone call if he can make a token payment of £10 or more tomorrow they can not refuse a payment, if they say "can't accept it" he can tell them they have to accept a payment, however I would be loathed to make a card payment over the phone that way they can't refuse it or increase the amount he offers (like add an extra 0 to the figure). or he could go into the office or if you went in for him...take the account number and make a payment for him, (if you go they can not discuss it with you) then he can phone them afterwards and make the offer as he has already made one payment...its sneaky but they don't play fair either!

 

I hope someone on here can give you better advice, these are just things I would do and I could be way off the mark, but make a payment then make the call...just make the payment in the office and make sure whoever pays it gets the receipt with the correct account number on it.

 

And the "foot in the door" system from the bailiffs is classed as trespassing...make sure he is aware of that too please.

[42man]

This is shocking....if they call again and you have the resources record the call !! Have they sent him a default notice as yet ? Also as has been correctly stated send off for a SAR and a CCA request (SAR will cost £10 and CCA will cost £1 (send guaranteed/recorded) which you can find in my link below my message. Has he been made redundant ? has he tried to use the PPI ? They will lie to frighten him into paying......

[The wife]

Hi Calgol

 

 

how did it go for your son yesterday?

[calgol]

hi there

 

needless to say no one from Welcome turned up yesterday lunchtime to take all his worldly possessions and no one has called since. I've been searching for a local office of theirs to go into (as like you say, I dont trust them to take a token payment over the phone without adding a few 0's of their own) but I can only find a car finance place which is local to us.

 

Having looked at my sons state of affairs we've decided that unfortunately bankruptcy is the only way for him. Not too sure how to play it with Welcome until he actually is declared though as I presume he'll get a few more phonecalls before then. Was wondering if I should send a postal order?

 

If Welcome were his only debt we had to deal with, I'd love to see them in court to give them a piece of my mind. Especially after listening to the answerphone messages my son has saved from them threatening all sorts and increasing the debt on a daily basis it seems.

[The wife]

thats a shame, but he must do what is best for him.

 

knew they wouldn't turn up but it always help to know your rights before they do... is there any chance of putting those answer machine messages onto tape or the pc so you can keep them and make a complaint to the OFT? they get charged for every complaint but I am not sure if that is by the OFT or another financial investigative body. get him to put a complaint in anyway

[calgol]

Do they really? In that case I will get them onto the pc as one was particularly agressive and even if he is in arrears with them , I do not agree they should be allowed to speak to anyone like that.

 

Not that I'm holding much hope out but if by some small miracle Welcome do decide to send out the original loan agreement I requested before my son goes bankrupt, then I will also include this in the complaint as I'm sure it wont be in the slightest bit above board.

 

These people pray on the needy and drive them to the depths of despair by harrassing and intimidating them.