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    • ok again thanks for all advice , im going to continue and struggle on paying the wifes debts and maybe look at getting reduced payments but as for mine i think ill go down the DRO route and try get it sorted but will see and open new bank account somewhere first
    • Nothing to do with your own Bank.     Try to withdraw the money from Parentpay early next week and if no joy contact them.   It may be that the money is showing, but has not fully cleared on their system,
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    • I thank the Consumer Action Group Members for getting me this far in my case which is still in progress.   Situation: The Court has reversed earlier permission for me to rely on witness summaries.    The question upon which I am seeking help, please,  is - do I need to bother myself as to why the Court has reversed permission to rely on witness summaries?  If so, what line of logic or law can might I follow because clearly, the Court has said one thing and then another a few weeks later, of its own motion, the Court has reversed the earlier decision. I find this development quite extraordinary in the sense that as a result of being granted permission earlier, I served the three Witness Summons which had the Court stamp.   Background Having given me permission to serve 'Witness Summons' which I served on 3 hostile witnesses several weeks ago, the Court has now reversed it's earlier decision, and refused me permission to rely on 'witness summaries' pursuant to paragraph 32.9(2), citing that I have not shown steps taken to obtain witness statements from the 3 hostile witnesses.  I however, made two attempts to talk to the hostile witnesses who have been non responsive and I can evidence this.   I would be immensely grateful for some steer from Forum Members, please.
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vs2402

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Hi,

I am new to CAG but would be grateful for some help and advice re Welcome. I am about to write to them re mis-sold ppi (mis-sold for a number of reasons) but I have seen alot in the media and heard alot at work (large credit card company) recently about some credit agreements being inaccurate and therefore in some cases unenforcable.

Have been having a look at my paperwork, I took out a £7500 sec loan in 2005, on the credit agreement the total amount payable is not stated. It says total credit including ppi, acceptance fee and mif is £9687.55 at 20.8% apr, the actual total amount repayable is £22026.24 but this figure is not shown, does this matter?

Also the loan was taken out as a joint sec loan with my partner although he is not on the mortgage, that is in my name only, however on the Legal Charge for the loan he is named as owner along with myself, does this make any difference?

When I originally took the loan out, all applications went through their main office in Mere Way, Nottingham but now everything seems to go through the local branches. Does anyone know if I should address all correspondence to my local branch or whether the office in Nottingham even still exists?

And finally (I know it's alot of questions all at once sorry) they called me this morning to say that they'd just realised that a cheque I sent them in Aug/Sept of last year, so almost a year ago, was returned unpaid (not aware of this myself) and because they've only just realised, they've not deducted the returned cheque amount from my account. They want me to pay the arrears this will produce in advance before they deduct it from my account so that tech. I would not have been in arrears. I know it's quite confusing but I'm wondering why it's taken them a year to notify of a returned payment and why they want me to pay in advance so as not to be in arrears, seems to me that that is exactly what they would want so that they could charge me for it unless of course they've made a big mistake.

Sorry for the long post but once again, I would be very grateful for any advice.

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Hi and welcome!

 

Prescribed terms as per schedule 6 are described as:

 

  • amount of credit
  • credit limit
  • rate of interest
  • repayments

It must state the interest rate, not just the APR.

 

It would need to state info about repayment obligations, if the date of the first payment is tied to the date of the agreement and the agreement is not dated, or the creditor fails to delete weekly/monthly, as appropriate, it is lacking the necessary prescribed term and is totally unenforceable.

 

The reason the date is important is that agreements have to be set out in a particular way. The Consumer Credit (Agreements) (Amendment) regulations 2004 [sI 2004 No 1482] expanded the information that must be included. These are non-prescribed terms and without them an agreement could be unenforceable without the leave of the court.

 

 

Also - please note Welcome are actively trawling all loans in an attempt to collect money; they can and will lie to achieve this. Check your bank statements regarding the cheque, don't take their word for it.

 

Don't speak to them on the phone, recorded delivery post only.

 

Only use the registered address - the local branches are not to be trusted (not that Welcome is as a whole...)

 

 

I believe this to be correct, please also take advice from more seasoned CAGers!

Edited by T2upNorth

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Thank You for the advice, think I'm going to have another look through all my paperwork and statements etc. Definitely going to go ahead with the ppi claim for now.

I will update if I manage to get any success with them.:)

 

Thanks Again.

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