Is this loan unenforcible?

[beyondhope]

well well well well well

 

what can i say to that!!

 

Delinquent we probably are to them from not paying whilst in dispute....

:D:D:D

[postggj]

I Should Say That Was Hush Hush But I Thought I Would Make You All Happy

[beyondhope]

I would say nothing welcome related is hush hush with post about

 

Well thank you that information has made my day - tbh I wish they would just finally go t**s up so we can find out what happens next lol as you say if provident wont touch them i dont like their chances

[Gram1]

Now I Have This Straight From The Horses Mouth

 

Welcome Are Leaving Alone Delinquent Accounts

 

They Are Only Interested In Hastling The Reg Payers

 

Thats Less Than 3 Months In Arrears

 

So If Welcome Are Leaving You Alone, You Leave Alone

 

I Give Cattles A Max Of Three Months

 

But what will happen to the deliquent accoutns further down the line. Surely somebody at some point will chase for the payments, and by then the arrears could be even bigger?

 

Or are we expcting Cattles to have gone down the pan by then and the accounts will be written off?

[postggj]

I Very Much Doubt The Accounts Will Be Written Off

 

My Advice To All Who Are In Dispute

 

Keep The Money In A Deposit Account For The Time Being

 

If An Account Is In Dispute, There Will Be No Arrears Or Charges

 

The Accounts Are Up For Auction But No One In There Right Mind Wants To ToUch Them

 

Who Can Blame Them

[Gram1]

i wonder what will happen then. If Cattles go under (which hopefully they will) and noone will touch the accounts with a bargepole (which hopefully they wont) then what will happen to them?

[postggj]

Well The Addministrators, Well Rbs Has The Final Say,

An Offer Of Say 10 P In The Pound To Settle The Account Would Be Acceptable.

They Would Get That Selling To A Dca So Cut Out The Middleman

 

 

Failing That The Accounts Go Into Limbo And Wait Six Years To Become Statute Barred

 

 

Its Best To Get Any Account Put Into Dispute

 

They Cant Touch You Then Without Rectifying The Dispute

 

 

I GIVE CATTLES THREE MONTHS

[Gram1]

Interesting. I currently have arrears and have sent away a letter with your kind help If my account can now be put into dispute, does that mean everything is effectively on hold till they resolve it? - ie they cant chase for my current arrears, and if i dont make other payments whilst the account is in dispute then this wont add to the arrears as effectively everythings on hold? Am i right or getting wrong end of stick?

 

ps sorry for the thread hijack!

[djwigster]

 

 

Its Best To Get Any Account Put Into Dispute

 

They Cant Touch You Then Without Rectifying The Dispute

 

 

Just wondering what are the accepted "legal" reasons for putting an account in dispute? I know if they are in default of a CCA request then this is OK, but if you're complaining about mis-sold PPI etc would this be a good enough reason "legally" to put the account in dispute?

 

In my case I first complained about mis-sold PPI at the beginning of November, and am still waiting for a satisfactory response from them.

[postggj]

Well With Ppi Etc

You Have To Give Eight Weeks For Them To Give A Final Response And An Option To Put It Up To The Fos

 

If Welcome Reject Your Complaint And You Put It Up To The Fos, As Long As You Inform Welcome With The Relevant Case Number, I Would Class It Still In Dispute

 

Charges Such As Mortage Indemnity Fee Is Another

 

But You Must Tell Welcome The Account Is Still In Dispute And The Fos Must Be Involved

[djwigster]

Thanks post. Not too much longer for me to wait until it can go into dispute then

[dawnytrish]

1b says:

we may from time to time increase or reduce the Rate of Interest after giving you 14 days' written notice. We may give effect to any such increase or reduction by increasing or decreasing the length of the duration of the agreement or the size of monthly payments or both.

 

 

 

 

so basically they can make the loan longer whenever they feel like it and charge more a month whenever they feel like it

 

on looking now i can see the apr (variable) is 65.1%

and

rate of interest per annum (in accordance with 1b) is 60.1%

 

so im guessing if its a fixed amount you are borrowing then the apr should also be fixed??

 

thanks for looking at this for me post

 

Hi Poste....could you tell me...would this be a valid reason for putting the account in dispute.....If this T & C is included on a fixed rate loan.

 

Thanks

Dawnx

[postggj]

If We Are Talking About Your Agreement

 

Its A Lousy Agreement

 

Again Though

 

You Must Inform Welcome Of This

 

In Your Case I Would Give Them 14 Day Notice To Reply, After That You Are Putting The Account Into Dispute

 

With Your Agreement, No Way In Hell Would They Go To Court With That

 

Thats An Agreement Used For Secured Loans Or They Have Put That Clause In To Deceive Debtors

 

It Stinks

[beyondhope]

Dont worry about highjack its something i have been wondering too esp as we have a hp agreement...

 

so post the fact they received and signed for a letter with a 'query' decided to ignore it so another letter was received and signed for putting account in dispute and still no response would mean the account is legally in dispute?

 

also where a cca and sar are asked for and obviously the sar should have a copy of cca in it anyway is the fact i havent been sent a seperate copy of agreement to cover cca request enough to keep in dispute?

 

sorry for the questions just trying to cover my back and know where i am

[postggj]

The Answer Is Yes

 

As Long As You Have Copies And Recorded Delievery Receipts

 

They Have No Excuse As They Chose To Ignore YouR Dispute

 

Its Allways A Paper Trail You Can Back Up Thats Needed

[beyondhope]

Thanks Post just wanted to be 100% sure as im sure they are going to be wanting £ seens as they are in the do do so to speak

[postggj]

Tell Them

 

Rectify My Dispute And We Will Start Talking

 

I Require A Final Response

 

Simples

 

But This Is Welcome

[beyondhope]

I actually really want them to resolve it im dying to read their explanation and mis entered figures isnt going to cut it coz that isnt my fault im afraid

[mark1arby]

Thanks post. Not too much longer for me to wait until it can go into dispute then

 

Dj They are Probably the Best Words I have Ever Heard. "We had Best Leave it to FOS to Decide then Mr 1arby".

 

I haven`t heard a word in the last 2 months now, apart from a letter confirming the disputes.

 

As far as I know there is no activity on any of the CRA`s to do with these accounts.

 

They could be doing something devious behind our backs but that would be V foolish because it is with FOS.

 

Cheers, MARK

[mark1arby]

I actually really want them to resolve it im dying to read their explanation and mis entered figures isnt going to cut it coz that isnt my fault im afraid

 

Beyondhope, it`s that silly Yorkshire Man again.

 

I actually miss getting letters from the **** now. True. All I can do now is sit and wait for FOS to make a decision.

 

I really do enjoy sending replies to there rubbish. The people in the know on CAG are second to NON and the help they have freely given with letters has been fantastic. Just shot the **** down on every point. Brilliant.

 

Of course I have other Irons in The Fire, so I won`t go MAD with boredom.

 

Cheers, MARK:cool:

[beyondhope]

Oh dear not that silly northern monkey again

 

I actually worry when they go quiet because I dont know if they are schemeing or hiding! I do miss my favourite branch manager ever ringing with her sarcastic BS though Although I dont recommend she starts again or I shall personally hand deliver a bog off letter to the office and make her eat it to make sure she gets the point

 

I have another iron I need to stick in the fire but with the 2 welcome ones at the mo im worried I wont be able to keep up LOL

[mark1arby]

Yes you must be careful of losing your way. Keep every thing neat and tidy always. Record the date you send something, how it is sent and to whom.

 

That way all your energy is spent sticking one up the ****.

[beyondhope]

Yep one ****** at a time hehe

[beyondhope]

I today found the letter shown in post #76 in hubbys glovebox (now you see why I do everything) so ive altered and added to it opinions and comments please

 

Dear sir/madam

I wish to draw your attention to the following issues I have regarding the above account number.

• On checking my credit report the above account is registered as being 37 months not 36 months as stated on the agreement signed by myself.
  
• On checking my credit report the above account is registered as having a monthly payment of £110 when in fact the signed agreement stated £109.74
  

I wish for you to amend this information to show the correct length of loan and payments due monthly.

I received the requested subject access request but find it to be incomplete, the initial loan agreement regarding this agreement is missing and any related documents. I respectfully request the further information be sent to me at your earliest convenience.

A point I noticed on reading through the subject access request was a charge for £25 for a home visit. The only visit I have received from yourselves is to deliver direct debit forms. I in no way asked for these forms to be hand delivered and as such find this charge highly unnecessary and unlawful. I wish for this charge to be removed from my account, this outside call was registered as 27/04/2009.

I also noticed that this agreement is stated as having variable APR could you please explain how this is possible when this agreement is a fixed sum loan and therefore should have fixed APR.

I wish to remind you that this account is in dispute and as such no collection activity should be made including the adding of charges to my account, despite this fact I am still receiving letters regarding this account from my local branch carrying a charge of £10 please ensure these charges are not added to my account.

[beyondhope]

*bump* going to print tonight so suggestions and comments pleaseeee