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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Welcome finance secured loan question


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Hi folks,

 

Just a quick question on my secured loan from WF if anybody here can help or has had a similiar situation.

 

I took out this 3K secured loan last year for a period of 3 yrs and got what i think is a decent rate of 16% considering my poor credit. Anyway, due to sickness I have not paid for 5 months and have had no default notice or phone call just a notice of sums in arrears, is this the same as a defualt notice? I did enqiure a few months ago by phoning but cant really remeber the conversation I had. However i recieved a statment in the post a week later.

 

My question is how come WF havent pesterd me since im 5 months in arrears and has anybody had a similiar experiance? Is this how a secure loan usualy works if you fall behind?

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I refused to take the PPI and was advised this was risky what with the lone being secured etc. I stuck to my guns on that one. To be honest I have read around here and the general conscencus is that WF are a bunch of T~*~s but so far they have been alright with me. (steps outside to take some air)

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  • 3 months later...

Hi to all the great folks here old and new!!

 

I have a little problem that may well go critical for me V soon and so I am asking if anybody out there could offer some advice please.... I have already read around the welcome posts alot but there are some rather large threads that I am still working through so apologies for my ignorance as I am still doing my homework. :)

 

About a year ago I took a secured loan with welcome for £3000 and in doing so I broke my own golden fiscal rule of taking on secured debt (thankyou Gordon!). I have not paid any instalments for around 6 mths due to reduced income related to ill health and have now recieved a defualt notice. I did not take the PPI and so find myself in some mess....

 

Below is my default notice anonomised if somebody with experiance could look over and give me there opinion....

 

Thanks

 

W

 

 

PAGE 1

Ref: XXXXXX

Date: 04/12/2009

 

Dear XXXXXXX

 

FAILURE TO READ THIS LETTER MAY RESULT IN LEGAL PROCEEDINGS

 

You are hereby served under Section 87 (1) of the Consumer Credit Act with the attached Default Notice. We intend to exercise our rights to enforce collection unless you clear the arrears within fourteen (14) days or alternatively contact us with your proposals for settlement.

 

Be advised that should you fail to contact us and legal action becomes necessary we may apply through the courts for an Attachment of Earnings Order to be made and deducted via your employers.

 

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.

 

You will also be held liable for legal expenses incurred.

 

We strongly urge you to telephone the undersigned immediately with your intentions.

 

 

Yours sincerely.

 

 

Welcome Finance

 

 

PAGE 2

 

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

DEFAULT NOTICE

 

Served Under Section 87(1) of the Consumer Credit Act 1974

 

Date of Notice: 04/12/2009

 

Agreement Reference: xxxxxxx

 

Between xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

and WELCOME FINANCE of Welcome Financial Services Ltd, Bishops House, Abbeyfields Road, Lenton, Nottingham, NG7 2SZ.

 

We refer to the above Agreement which you have entered into with us. The terms and conditions provide that you must pay each monthly installment in full on its due date. You are in breach because you have failed to pay the contractual installments.

 

To remedy the breach you must pay to us the total arrears of £ xxxx within fourteen (14) days.

 

 

IF THE ACTION REQUIRED BYTHIS NOTICE is TAKEN BEFORE THE DATE SHOWN THEN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU (OR A SURETY).

 

FURTHER ACTION:

 

On or after 14 days from the date of this notice we:

 

- shall require payment of the outstanding balance less rebate allowable and other deductions (if any) as set out below:

- may enforce any security given in connection with this Agreement.

- may apply for an Attachment/Arrestment of Earnings

 

If the arrears have been paid before the date shown above you may ignore this demand.

 

PAYMENTS TO BE MADE:

Total amount outstanding: £xxxxxx

Rebate of Acceptance Fee and credit charges*: (£78.25)

Rebate of insurance *: (£0.00)

Collection Fees £84.29

Default interest £xxxxx

Interest to settlement £xxxxx

Total amount to be Paid: £xxxxxx

*Rebate is calculated on the assumption that payment is made on the date shown and will be revised if payment in full is not made on that date.

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE ACCOUNT OR TAKING ANY OTHER ACTION

REQUIRED BY THIS NOTICE YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY

SURETY MORE TIME.

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICiTOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.

 

This notice should include a copy of the current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.

 

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Hi folks, really need some help to tackle this one if anybody has any idea's I would be gratefull.

 

Does anybody know if it will be possible to negotiate a lower settlement on this secured loan of mine as I have just recieved my redundancy pay but have to be carefull how I spend now as no longer earning. I really need to contact them ASAP as my 14 days defualt notice is up so if anybody can help with any advice that would great....

 

Thanks!!

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Not sure of the implications on the letters, im sure somone else can advise on that but it is never too late to send a CCA or SAR as they are legal obligations..... good luck with it all, might be worth holding off on the CCA and SAR for the adress to be confirmed as they gone bang and Post is confirming the correct addy. last thing you ant is too lose your 10 pound fee . . .

 

 

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Not sure of the implications on the letters, im sure somone else can advise on that but it is never too late to send a CCA or SAR as they are legal obligations..... good luck with it all, might be worth holding off on the CCA and SAR for the adress to be confirmed as they gone bang and Post is confirming the correct addy. last thing you ant is too lose your 10 pound fee . . .

 

 

Thanks Ozzy I have SAR and CCA ready to go but didnt realise the address might be changing. I will wait as advised and see what POST digs up. Thanks again...

 

Getting a little jittery though as this loan is secured on my house and my 14 days defualt notice is up. Plus Ive never dealt with secured loans before!!! Never again!

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Just my take on this but they typed (14 days) as opposed to it being an actual date - have a read of this - http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

Especially this bit -

 

SCHEDULE 2

 

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

 

 

Regulation 2(2)

 

 

 

Details of agreement

 

1

 

A description of the agreement sufficient to identify it.

 

 

 

Parties to agreement

 

2

 

(1) The name and a postal address of the creditor or owner.

 

(2) The name and postal address of the debtor or hirer.

 

 

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3

 

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

 

Action by the creditor or owner to be ineffective if breach remedied or compensation paid

 

4

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  • 8 months later...

Hi fellow caggers new and old. :-)

 

I have a small secured loan with welcome that i took out a couple of years ago, I have not made any repayments since before christmas due to ill health and redundancy and I did not have ppi!

 

My problem is that welcome ( through Salans LLP) are threatening to seek to enforce the charge over my property by way of possesion proceedings, but the loan is only 1% of the current market value of my house!

 

I have never before defaulted on a secured loan and as such could do with some help and advice from my fellow caggers.

 

Can welcome actualy get possesion even though the charge is around 1% of the house value?

What about my mortgage company, wont they be ****ed?

What is the general process creditors take with a defaulted secured loan?

 

Thanks in advance...

 

W

 

 

 

 

Can welcome take possesion

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Sorry I dont know much about secured loans but my understanding is welcome would be the second charge and therefore would need agreement from your mortgage company before they could take possession. I would imagine it highly unlikely that the mortgage company would be willing if you are up to date with them (no major arrears) especially if their second charge is of such small value. Hope someone with more knowledge will be along soon

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Can you speak to the land registry and get them to tell you what sort of charge it is that they have registered on your property? They may not even be entitled to repossess, also as Beyond says, they will have to ask permission from the main mortgage company who will be paid off first and as Welcome are not flush with cash, may just be trying to call your bluff

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Can you speak to the land registry and get them to tell you what sort of charge it is that they have registered on your property? They may not even be entitled to repossess, also as Beyond says, they will have to ask permission from the main mortgage company who will be paid off first and as Welcome are not flush with cash, may just be trying to call your bluff

 

Good idea Major thanks, have just paid £4 to see the title register and can confirm welcome have a charge registerd :-(

 

I saw a sticky about charges earlier so going off to read that now, see whats what.....

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  • 2 weeks later...

Guys

 

We're now in a similar position with Salans getting aggresive on behalf of Welcome. They have demanded an I&E form be completed but as we have learnt from this site that can only be requested/demanded by a court.

 

An interesting fact is that when we took this loan out (in 2008)8) Welcome knew it would put us into negative equity, but they were confident the house prices would continue to rise!!!! Even our mortgage company contacted us to say they would agree to the second charge but we had to be aware that we were getting into negative equity.

 

My understanding, from others, is that SALANs are very very agressive.

Edited by DT&FE
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Guys

 

We're now in a similar position with Salans getting aggresive on behalf of Welcome. They have demanded an I&E form be completed but as we have learnt from this site that can only be requested/demanded by a court.

 

An interesting fact is that when we took this loan out (in 2008)8) Welcome knew it would put us into negative equity, but they were confident the house prices would continue to rise!!!! Even our mortgage company contacted us to say they would agree to the second charge but we had to be aware that we were getting into negative equity.

 

My understanding, from others, is that SALANs are very very agressive.

 

 

Hi DT&FE and thanks for posting in my thread, I wasnt getting much of a responce so happy to see you here! I see you may have dealings with Salans aswell, do you know if they are welcomes in house lot as they are based in newcastle same as welcome I believe?

 

I ignored Salans initial strongly worded letter as I said I would and have recieved a second letter as a result a few days ago. This second letter has a much better tone to it, obviously they start by letting me know how disappointed they are at my failure to respond to them despite several attempts at contact lol.

They then go on to suggest that welcome wish to aviod enforcement proceedings (change of language here from first letter threatening possesion proceedings).

It seems welcome are willing to look at my individual circumstances with a view to a mutualy acceptable outcome.

 

Lucky me lol

 

So thats where im at with this lot and Im not worried in the slightest as I think they are trying it on, becasue as far as possesion goes I dont think they have a chance. This is due to the small amount of debt welcome have secured in relation to the mortgage value and equity remaining. I cant see my mortgage company allowing welcome to take possesion and so I think I might just let the council continue filing Salans letters....

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