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    • Hi IFR Many people have been in your position so try not to let it play on your mind. It can be sorted in a variety of ways, dependant on the outcome you want.   An IVA is seldom in your best interests  especially if you own your own property   You 0% cards will eventually come out of their initial period and you will stuck with interest on them also. So now is the time to develop a plan   If you want the creditors to stop pestering you immediately you could start a debt management plan, we can help with that There are several downsides to this  and although I used to advise this whole heartedly,   recent developments now make the idea less attractive.   Chances are you will end up with a trashed credit rating for six years whatever you do.  Is this a big problem for you?            
    • I am reading your post because I have a similar issue with unreasonable charges.  Researching the issue on line   . I found the following article Emma says... (breensonline.co.uk)    In a nutshell a legal loophole currently exists such that the freeholder can recoop legal fees from the leaseholder even if the leasholder wins the case!!! (Sometimes this amounts to '000s of £'s)   The government are going to address this yet if you have a court case prior to the change in the law  (I have)    if a leasholder who has been overcharged, wins the case then has to pay the freeholders legal fees is unspeakably unjust.    Please keep me updated how you get on.  I feel like i am in a noose with these guys no justice even with the courts!   
    • Hi dx100uk.    Yes all still with original creditor.    I just don’t know which is the best way to deal with the matters.     
    • all are still with and the people you are or should be paying..is the Original Creditor?  
    • Absolutely. I will be glad to get it paid and over the line so that I am protected at all costs. They cannot now come back and say it is on condition of this or that as they have now stated it in writing that they are happy.  It means I will have paid around 6300 for a 2000 loan!
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
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6 YEARS!!! paying off £750 loan from Welcome


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Having been in financial difficulty for the past few months, we sent off to Experian to get our credit reports, in order to sort out our debts.

 

Looking back through my wife's, and believe me, this had been kept from myself, but she took out a loan from Welcome Finance, for £750 with a start date of 23/05/03.

 

Payments were; £91.00 p/m over 18 months.

 

All payments were met on time, bar 1, less than a month late.

 

She had repaid £546 over 7 payments, Then out of the blue, a new loan came into place, my wife cannot remember why this was put in place, and also no separate agreement was signed, no further monies were given to her, but payments increased to £136.00 over a period of 24 months.

 

Experian stated; LOAN

Started 23/05/03 Balance £0 Settled 27/11/03.

 

No indication was given to her as to full repayment costs on new loan, and no new agreement was signed.

 

During this period all payments were paid, bar 1, and two were slightly late.

 

12 payments were made on that loan.

 

Experian stated; LOAN

Started 27/11/03 balance £0 Settled 29/10/04.

Finding it hard to keep up these payments, during a phone call from welcome, it was suggested to my wife that payments could be reduced. Without having any agreement or T&C's in front of her, my wife agreed verbally to the reduced payments.

 

£61.00 p/m over 61 months.

 

No indication was given to her as to the full repayment costs on new loan, and no new agreement was signed.

 

Experian stated;Loan

Started 29/10/04 balance £181.

 

59 payments were made on that loan, and 1 missed.

 

Today we received a letter from Welcome Finance, a Notice of Sums in Arrears, stating that notice was now being given because we are behind in payments.

 

Opening balance £104.64

Shortfall for the purpose of this notice £267.48

 

Having calculated all payments made to Welcome Finance, it comes to a grand total of £5613 over 6 years for an original loan of £750, and now they have the audacity to add a further £267.48 on top.

 

I have printed off both application for CCA, and Subject Access Request, and will send both off tomorrow, but any input, advice would be gratefully received.

 

TOTN

Never mind, it could be raining!

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They can`t be serious? How can they even think like that? It`s absolutely F**king ridiculous. They should not be able to trade like that. Utter A***holes.

 

Somebody will see this soon and you will be sorted on how to set about them.

 

Chers, MARK

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Something tells me they should have been on Monday's Panorama as well!

 

The simple fact is if they don't have an agreement for this other loan, it is unenforceable. Further, I would be reclaiming what has been paid as there was no agreement for the extra (non existant) money.

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sadly if you do some reading in this forum, it is all too common for them to do this..

 

 

thats why we call them un-welcome

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you will most likely find that your loan(s) being regulated by CCA1974 and of 2003 vintage are actually unenforcable. The SAR should make interesting reading, post up your agreements when you have them less personal details of course

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I hope you have cancelled all direct debits to these ****

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 4 weeks later...

Update;

 

Yesterday, we received an attempt at a SAR sent back to us, but a good lot of the relevant info is not with it, and what they claim is the correspondence from them to us, is a half dozen letters all dated 9th Dec 2009, and all giving differing amounts of balance and arrears, but no indication of when these were allegedly sent out originally.

 

They have sent copies of the three separate loan agreements, and between them there are 10 signatures for my wife, but we can safely say that at least 6 are not hers, and another 2 we can't be sure of, and on 1 agreement she has gone from a married mother to 3 kids, to a single mother of 1 child.

 

They have sent partial computer notes ending 2006, and a correspondence log that goes back from Nov 2009 as far as Mar 2008.

 

The computer log does't show any new loan arrangements being made, and as far as my wife can recall, across the phone it was put to her that it was a readjustment of her repayments to help her meet the payments, and although she knew this would extend the repayment period, she was never told it was a new loan.

 

From the partial loan statement that only goes back to 2004, it shows that for Jan 2005, 5 payments of £15.13 were made totalling £75.65, Yet charges were made against her totalling171.95, meaning my wife went £96.30 further into debt while making the agreed payments on the agreed dates. These charges are made up of ADD HOC FEE's, CAPITALISATION and INTEREST.

 

I'm not sure how to take this forward now, especially the forged signatures, and I would appreciate any advice from anyone who could help.

 

It makes me so angry to think my wife paid them more than £5000 for this £750 loan.

 

By the way, she was charged £183.23 PPI and £150 healthcare for £750 loan.

Never mind, it could be raining!

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