Jump to content


  • Tweets

  • Posts

    • Participants can get £50 - but must permanently consent to the retailer using their personal data.View the full article
    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Secured Loan On Property Now Repossed being hassled by Debt Collectors ?


sherry_d
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5217 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I took out a loan first as unsecured and then it became secured and I think the loan was rewitten twice and to cut long story short. The last secured loan was on 13/05/2005 for £8000..I was a bit naive and I lost the house due to reposession this loan was secured on on the 25/11/2006.

 

Now about 18months ago or so ago, the welcome finance people came to my new address and I told them I was in financial crisis thats why I had not paid any money and the house that the house the loan had been repossed which they had loan secured on...The sweet talked me claimimg they would take some money off etc if I made some payments if I could make some sort of payments. I agreed £30 monthly which I have been paying by Direct Debit since then

 

Fast forward about 6 months ago I received a letter saying the local branch was closing (or something like that) and that my account was being transfered to Head Office - The Nottingham Branch

 

THATS WHEN ALL HELL STARTED

 

I started getting letter that they were now registering defaults and arreas against me and I just continued with payments until today when I received letter from Howard and Cohen threatening legal action and if I fail to apy £13 221. Being annoyed I rang Welcome why they had forwarded me to debt collector when I had stuck to my agreement and they didnt want to hear and they put me forward to Horward and Cohen and they said I have to do another agreement with them BUT first I had to send them my statement of earning.

 

I told them no way, I wasnt going to do that and that I was cancelling my DD with Welcome. Now what should I do?

 

ALSO

 

Since my account was moved to Nottingham, in all the paperwork they have spelt my surname wrong so all the defaults and arrears are in wrong surname. I havent told them this....my surname is a little unusual it has "zi" in it and Welcome has put "u".insteas...It just show how these guys dont really bother hecking their stuff....However all my agreements I did local have my surname right

Edited by sherry_d
to be more appropriate

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

I have looked at the final Secured Loan agreement, I dont have access to a scanner right now but here are the figures

 

Amount of Credit £8000 (a) xxxxx cash price £4279.58

to settle ADOL to £3720.42

Lifecare 24 £175.00

Optional Payment Protection cash price £2011.39

Total Cash Price fo Insurance Premiums £2186.39

Acceptance Fee £235

Mortgage Indemity £880

Total Charges Other than interest £1115.00

Total amount of loan £11 301.39

 

Rate of interest 1.80% per months 27.90% APR

Monthly payments £230.53 for 120months

 

THEN THE SECUERED PROPERTY DETAILS

 

 

 

I also have a demands and needs statement that I signed same day

and the has the follwowing. Anyway at the time i said i did not want ppi but was told to get the loan i would have to have it

 

Payment protection included -yes

lifecare 24 included - yes

Medicare 24 - no

Homecare 24 - no

Edited by sherry_d

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

anyone has any ideas of what i have to do?

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

evening all

 

as usual welcome have added mortage indemnity fee

 

 

do as i say and you will prob walk away from this

 

mortage indemnity fee is for a mortage. thats a secured loan over 25k.

 

a normal secured loan is under 25k

 

so why has welcome charged mortage indemnity fee on a normal secured loan,

 

also this fee is for a min 75% loan to value

 

 

 

getting interested now ?

Edited by postggj
Link to post
Share on other sites

Your Address

letter number one

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 to s79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

 

 

letter number 2

 

 

Welcome financial services

Compliance

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

[DATE]

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

 

 

you need to send those two letters to the nottimgham address

 

enclose a £1 and a £10 postel order and send recorded delievery

 

then phone these people

 

 

Direct Group - Where Insurance and Innovation Combine - Home Page

 

they are welcomes partner in crime on the insurance racket

 

ask them to send all details they have on you

 

Link to post
Share on other sites

Many thanks really appreciate your help Postggj. Will be sending that off tomorrow, do i need to request anything from Howard Cohen as they are the ones sending me all the nasty letters threatening to take me to court?

 

I have also just checked my credit history and seen that welcome record it as a mortgage when in fact it was a secured loan.

 

The final secured loan amount was for £8000 ( i presume now unsecured since that house was reposessed) but here is the history of the loans I took out that were rewritten

 

1st unsecured loan £1500 in July 04

2nd secured loan of £4135.37 in Dec 04 (but include whatever balance I had from the 1st loan

3rd secured loan of £8000 in April 05 (but include balances from the above)

Edited by sherry_d

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

Send To Welcome

 

If They Fail To Supply The Agreement With In 14 Days The Account Will Go Into Dispute

 

If Cohen Has This, You Will Prob Get A Court Claim As Its His Normal Routing

 

Dont Panic

 

Ive Taken On Cohen Menny Times And He With Draws

 

Anybody Can Issue A Court Claim

 

Going Through With It Is A Different Matter

 

Welcome Is My Favourite And Ive Taken Them On

 

Cohen Is Part Of The Welcome Group Of Companies (cattles)

 

Its All Mind Games So Relax

Link to post
Share on other sites

I have uploaded details of the loan agreemnents and other details I have on photobucket and just wondering if you can have a look and see if anything springs to mind

 

Pictures by welscamsherry - Photobucket

 

Also on the 3rd and final loan details it looks like the form was dated on different dates, is that OK?

 

Also I signed that secured loan for £8000 on the 6th of April 2005 and on the 12th of April 2005 I received a letter thanking me for doing business and enclosing copies of agreements etc. I signed this at their office, were they not supposed to wait 14 days before contacting me? and I am sure the money went in before 14 days too but havent got details right now

 

I have called the direct group and they said I should receive the paperwork regarding the insurances in the next couple of days. I rummage through my files and couldnt find anything regarding these insurance

 

Lastly will this be OK for sending to Howard Cohen since I am sending it almost at the same time as my access request to welcome

 

Dear Sirs

 

I refer to your letter of XXXXX 2009, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

 

Many thanks again...

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

sorry duplicate

Edited by sherry_d
sorry duplicate

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

hi sherry

 

its important you dont get ahead of your self

 

slowly slowly catchy monkey

 

just follow my tried and tested method of weeding out the info you need

 

dont worry on the agreement side of things

 

them adding mortage indemnity fee is enough to trash the agreement let alone the insurance [problem] which i will deal with later.

 

the secret is not to tip welcome off and at the end, go for the throat

 

 

LETS SEE WHAT WELCOME SEND TO YOU AS WELL AS DIRECT GROUP

 

POSITION YOUR PIECES

THEN STRIKE

Link to post
Share on other sites

Thank you again Postggj

 

Will post back when I hear from them. I really appreciate your help

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

Today I have received my PPI Schedule from Direct Group and here is the scan I did

 

PPI Schedule from Direct Group picture by welscamsherry - Photobucket

 

There were other documents but they are just the small print terms and conditions

 

I am wondering if anyone can look at them and see if there is something odd.

 

I did notice the welcome lifecare is for 60moths yet the loan was for 120 months

 

Also the monthy repayment is listed as £230.53. This was the amount I was paying for the whole loan not the PPI, shouldnt it list only the amount of premium I pay for this insurance. I guess the reason they havent done it that way was the loan agreement lumped everything together and didnt list PPI separately...I hope u can direct me if there is anything I need to do now or wait for my request from welcome

Edited by sherry_d

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

  • 2 weeks later...

I received my subject of access today and I am feeling really down about it all and that welcome really cheated me when I was most vulnerable. All I thought was the last agreemnent I had with welcome was in april 2005 and today I received I creadit agreement I signed on the 19th of September 2006 (a month before my house was repossed).

 

I have no recollection of ever signing this agreement but the signature is mine and this is what must have happened. I was being pestered the hell by welcome and they were coming to my house all the time and I am sure I was cohersed into signing this at one point and I am so sure it was at my house as I would never had gone into their office and it seems it the only agreement I dont have. I doubt I ever got a copy from them. I was very depressed at this time with pending repossession and wasnt working which i had told them

 

I didnt get any money and this was a 100% rewrite and and what they did was make the loan 300months instead of the 120month. I feel cheated honestly that I signed this agreement and anyway now I just have to move forward

 

here is the scanned copy of this loan agreement they send me

 

http://i774.photobucket.com/albums/yy29/welscamsherry/scan0005.jpg

http://i774.photobucket.com/albums/yy29/welscamsherry/scan0002.jpg

 

 

This is not what I expected amd I feel really conned of that last agreement and they didnt add mortgage indemity insurance or PPI on this but it was there on the loan they were rewritting.

 

In addition I received a letter last week too from Lewis Group debt recovery saying that I could save £8406 on my outstanding debt with welcome of £12 931. Apparently they want me to pay £4525 and they will clear my credit record and all. Its all sounding very iffy to me. Of course I have no intention of paying that but here is the letter

 

http://i774.photobucket.com/albums/yy29/welscamsherry/scan0003.jpg

 

Please help me what to do next, I feel really down that welcome got a signature from me when I was most vulnarable simply to cover up their mess. How do I go from here as I am stuck as to what I should do next?

Edited by sherry_d

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

sorry i cant offer any advice im not knowledgeable enough to even try but i just wanted to say dont let them get you down someone with more knowledge than me will come along and help you out knowing welcome there WILL be something very wrong with this agreement and you will get fantastic support here to help sort it out keep smiling :)

  • Haha 1

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:

Link to post
Share on other sites

Can anyone help me with what I need to do now! many thanks

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

bump ;)

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:

Link to post
Share on other sites

This Is Important

 

How Did They Secure The Loan

 

Were You Given A 14 Day Cooling Off Period

 

Did You Sign The Secured Agreement At Home Or At A Welcome Office

 

Did They Send You A Pre Contract Agreement

 

Did Welcome Contact You In Those 14 Days

 

DID WELCOME GIVE YOU ANY EXTRA CASH AND IF SO HOW LONG AFTER YOU SIGNED DID YOU GET THE DOSH

Link to post
Share on other sites

How Did They Secure The Loan - I really dont know as I have no paperwork and they didnt send me any details of the legal charge as per my access request

 

Were You Given A 14 Day Cooling Off Period - NO

Did You Sign The Secured Agreement At Home Or At A Welcome Office - not sure but my guts tells me it was at home as I was really depressed at the time and welcome finance were really the last on my mind since it was about a month before repossession

 

Did They Send You A Pre Contract Agreement - A Definate NO

 

Did Welcome Contact You In Those 14 Days - they just got a signature from me and that was it no further communication from them

 

DID WELCOME GIVE YOU ANY EXTRA CASH AND IF SO HOW LONG AFTER YOU SIGNED DID YOU GET THE DOSH - No extra cash just a rewrite

 

Possggj I am sorry some of my answers are vague at the least its because I have no recollection of ever signing this last document. Infact it was a a shock receiving this when I did my access request. I checked all my files and have no paperwork at all regarding this rewrite and I am sure I never got anything

 

Like I said before at this point when they did the rewrite which i am still in shock about, I had made it very clear to them I couldnt afford to pay this loan as I wasnt working. I told them about the impeding repossesion too and I am thinking its along here they somehow managed to get me to sign for this rewrite. Hope this clarifies my situation.

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

Thank you Postggj, I really appreciate your help

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

just bumping this up for your help.

DPA request 08/02/2006

Ist money back request letter send 03/04/2006

2nd letter send 20/04/2006 - no reply

Filed claim @court for £1952.00 on 17/05/2006

Halifax paid up £1952.00 26/05/2006

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...