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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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freinds Husband died. welcome PPI wont cough up + H L Cohen


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My friends husband died suddenly very recently and i have been trying to help her sort the finances.

 

To be honest they had quite a bit of debt and had not been dealing with it.

 

She stands to gain about £50k from a death in service policy and has about £6k in mortgage and other debts.

 

Her husband had a single loan through safestyle windows for home improvements of about £2k through welcome finance.

 

He was in arrears on it and had ignored it.

 

I contacted them as there was a ppi policy attached and also sent them a copy of the death certificate.

 

They have responded through Cohens with the letter below.

 

Will she be liable to settle the debt? and what about the balance being virtually double what he borrowed?

 

cohenwelcomefinance.jpg

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If the PPI covers death then the PPI covers death and should mean the loan is completely paid off. I think a simple letter stating that should be sufficient.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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If they want a copy certificate, there's no reason why they should not have one:

 

Dear Vultures

 

I refer to your letter dated 03 July 2009 regarding the late (name of deceased).

 

A copy of the death certificate can be obtained from the Registry Office at (district in which death was registered), upon payment of the statutory fee. If you wish me to provide you with a copy, I will be pleased to do so upon receipt of your cleared payment in respect of the statutory fee and a stamped addressed envelope.

 

Unless you provide more detail about the claim your clients are making upon the estate, including a true copy of the executed credit agreement, I regret that I am unable to assist you.

 

Note that all communication in this matter must be in writing.

 

Yours etc.

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this is typical welcome and Cohen

 

even try and intimidate beyond the grave

 

i dont want to throw cold water on this but on some of the welcome t&c, it states if there are arrears on the account, ppi will not be paid

 

cant see how as its more than likely front loaded the payment, that is paid up front in a single premium

 

looking into that at the moment

 

but at the moment just go through the claims procedure

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ime going to be a son of a bitch on this one

 

once some one dies

what obligation has the surviving members of the family have to clear the late persons obligations

 

ime not talking joint applications, only single

 

the reason i say this is because this is to do with

welcome and cohen

 

they deserve no respect

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shocking, but expected from this bloodsucker

 

I notice you have said you have already sent a certificte, personnaly I would write back and tell them to get their house in order before making spurilous claims

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There are some firms who are renowned for trying to claim from the dead nuff said:mad:

 

Now is the death benefit paid into a trust of which the spouse/partner is the beneficiary - if so then any payment is not part of the estate & is therefore protected:p Also it would help to know if there's a Will?

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  • 2 weeks later...
If they want a copy certificate, there's no reason why they should not have one:

 

Today received following correspondence from HL Cohen which came as bit of a shock. Seems that her husband had already received a charging order for this debt which he did not defend and which she didnt know about. The original loan was for £1500 and £600 ppi, yet the order is for over £4000. i have checked the documentation and it was definitely in his name only, but the house was joint names. Even though they know he is deceased the letter was addressed to him. There was no will left and no mortgage insurance which has arrears of £4000, she has just received £30k death in service insurance but has no other income and any pension is meagre.

 

MOD EDIT: have removed the links as they have personal information within them.

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When You Said Cohen My Senses Started Going And I Thought Welcome Finance

Low And Behold

 

Now To Have A Charging Order, There Must Be A Ccj

 

Did He Have A Loan With These Cretins

I Doubt It Was Car Finance, Was It

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Despicable, but hardly surprising, given the level of competence and greed usually demonstrated by Cohens.

 

I'd be inclined to write, as executor, reminding them of the earlier letter informing them of the death, highlighting the distress they have caused, and letting them know that a complaint will be going to the SRA.

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Hitchy

 

You Need To Stay On Top Of This

 

Send Welcome An Sar To Find Out What All This Is About

Cohen Will Just Ignore You As Is The Norm

 

Send To

 

Welcome Financial Services

Ruddington Fields Business Park

Ruddington

Nottingham

Ng11 6nz

 

Send By Recorded Delievery And Enclose A 10 Quid Postel Order

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Your killer here is that they 'certify that this document is a true copy of the original....' I would contact the court and see if it is a genuine claim. Given the problems within Welcome at the moment I think this stinks. As it is so 'recent' the original should have been sent to your friend... a complaint to the Solicitors Regulatory Authority should be filed immediately.

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As that charging order is dated 16th April and your friends hubby has recently passed away is it fair to say he was ill at the time and this is why he did not appear and defend the order ?

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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As that charging order is dated 16th April and your friends hubby has recently passed away is it fair to say he was ill at the time and this is why he did not appear and defend the order ?

 

PF

 

Exactly.

 

If you need to get this set aside, this is the defence.

 

JOgs

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As that charging order is dated 16th April and your friends hubby has recently passed away is it fair to say he was ill at the time and this is why he did not appear and defend the order ?

 

PF

 

Very interesting, not something i had thought of. He died on the 2nd May having been ill for a few weeks and was off work at the time. Thing is the charging order is in place so presumably it would need some legal help to try and overturn this, or should i add it to the letter suggested earlier?

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Very interesting, not something i had thought of. He died on the 2nd May having been ill for a few weeks and was off work at the time. Thing is the charging order is in place so presumably it would need some legal help to try and overturn this, or should i add it to the letter suggested earlier?

 

 

This will have penalty charges, extra interest, everything that is bad about Welcome all over it.

 

A set aside should be quite easy in the circumstances!

 

Jogs

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You Would Have To Have The Ccj Set Asside First Yet You Have Had No Notice Of The Charging Order Let Alone A Ccj

 

 

Me Thinks Cohen Has Been Naughty Again

 

I have found the copy of the charging order amongst my friends paperwork, so that would suggest that it is legal and the copy i posted is the same. Obviously due to his ill health and subsequent death and the fact it was only in his name she has not really bothered to question or understand what it is. The issue now is to proceed to try and have it set aside but i dont know how to do this, do i need to seek legal advice?

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