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Welcome Secured Loan Mess!

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Well, as luck would have it.....I called the FOS this AM and got a reference number (papers in the post to me). This afternoon, i rec'd a letter from Howard Cohen, threatening court action if I don't pay up in 7 days from the date of the letter (which happens to be 5 days ago!).

 

The amount is also £7 less than the amount quoted in the original Howard Cohen letter from September and does include 'costs', which were £410 in the original letter.

 

I suppose I should inform Welcome that it's now with the FOS? By the way, the FOS said an investigation does not necessarily prevent Court action.

 

MXXX

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Hi Martel. Thants exactly what I would do.. I actually called Welcome and told them that I will not correspond until the F.O.S. investigation was complete and I was happy with the outcome. Then I put it in writing as well. I contacted local branch and Compliance with this information.

I cannot see them going ahead with any action until the F.O.S. outcome.

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This afternoon, i rec'd a letter from Howard Cohen, threatening court action if I don't pay up in 7 days from the date of the letter (which happens to be 5 days ago!).

Ah, that old trick of sending 7 day letters 2nd class to make you panic into doing something because you don't have much time left before their deadline. It seems to be a common ploy of the debt collection industry.

 

Strange isn't it how they never respond within the deadline when you write to them and ask for a response within 7 days, sending it 1st class of course so they have a reasonable chance? (Mind you it doesn't seem to matter if you specify 7, 14, 21 or 28 days, they just reply when they feel like it, if at all.)

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Martel it may not prevent court action but you have a flipping good defence if the fos have it :)


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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|Thanks to all of you for your support!! Welcome/Howard Cohen (who've i've already seen off in Court on two other debts) will be getting a rocket tomorrow.

 

Am looking forward to them producing a witnessed legal charge on the property and the date of the transfer of funds, as it predates the signing of the 'agreement' by weeks....

 

Hope all is going well with you guys, Beyond, PWG and Iain....MXX

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|Thanks to all of you for your support!! Welcome/Howard Cohen (who've i've already seen off in Court on two other debts) will be getting a rocket tomorrow.

 

Am looking forward to them producing a witnessed legal charge on the property and the date of the transfer of funds, as it predates the signing of the 'agreement' by weeks....

 

Hope all is going well with you guys, Beyond, PWG and Iain....MXX

 

Go for it M we are all right behind you its about time we got some good news here morale is rather low I feel at the moment :( Mine isnt going so well but the only way is up :)


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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Oh Beyond, sorry to hear things are not great....but they can turn on a dime, as I've learned over the years.....the difference for me on this one is that it's SECURED....let me know if I can be of any help to you....MX!

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Thanks M they have what they wanted now so next step is deciding how to make them pay for it :lol: good luck with fos hope they dont drag their heels too much


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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Hey Martel, now its late in the day to be joining in as you are doing a great job and supported by the best.

 

A thought on the legal charge, do you know if there is a charge on your property, if so do you know what type? I can advise whether or not that is garbage too if you want, they may have to release your charge if its not correct.

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Hi major are there different types of charges? Got me thinking about mine now.


As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Hey Martel, now its late in the day to be joining in as you are doing a great job and supported by the best.

 

A thought on the legal charge, do you know if there is a charge on your property, if so do you know what type? I can advise whether or not that is garbage too if you want, they may have to release your charge if its not correct.

 

Hi MP!

 

Thanks for your vote of confidence!

 

The only paperwork I actually have is an unwitnessed 'Legal Charge' (signed by me) but, presumably, there must be some other doc as I know Welcome have a 2nd charge on the property. Should i ask the Land Registry for documentation?

 

A side issue is the info on my CRAs - Welcome have listed it as a 'second mortgage' in 'joint names' (it's in m name only). The monthly amounts are off by a few cents and the number of payments is wrong by an additional one. This is another issue I've asked Welcome to address but they simply ignore it.

 

thanks for your interest!

 

MX

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It could be worth asking for a copy of your land registry records, although in theory Welcome should have sent a copy of this in their CCA request.

 

If they have something called a unilateral notice, it is easy for you to get this removed by the land registry.

 

If they have misquoted things on your credit file then this could be a case of libel (!) I would recommend complaining to the credit reference agancies directly and the information commissioner. Oh and the FOS too!

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Hey Martel, now its late in the day to be joining in as you are doing a great job and supported by the best.

 

A thought on the legal charge, do you know if there is a charge on your property, if so do you know what type? I can advise whether or not that is garbage too if you want, they may have to release your charge if its not correct.

 

Inspired by your post, I just spoke with a helpful person at the Land Registry. Welcome has a 'Unilateral Charge' on my property - which she explained was an 'interest' in the property which is somehow different from a 'legal charge'. Maybe someone could tell me the difference? I don't think my mortgage company had a problem with Welcome, as they never wrote to me to say they did.

 

It was placed on the property some 6 weeks (11/07) before the date of my signature on the agreement (1/08) and some 10 weeks before Welcome's signature on the agreement (2/08). The Land Registry has a copy of a letter to me from Welcome, dated 3 days after the date of my signature on the agreement, advising me that they had lodged this 'unilateral notice' on 11/07.

 

I'm an amateur, but even I can tell that Welcome didn't observe the required 'cooling off period'.

 

For £12 and completing a OC2 Form, I might get more info from the LR.

 

The Land Registry person was unable to tell me if it was defined as a 'secured loan' or a 'second mortgage'.

 

MX

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It could be worth asking for a copy of your land registry records, although in theory Welcome should have sent a copy of this in their CCA request.

 

If they have something called a unilateral notice, it is easy for you to get this removed by the land registry.

 

If they have misquoted things on your credit file then this could be a case of libel (!) I would recommend complaining to the credit reference agancies directly and the information commissioner. Oh and the FOS too!

 

Ooops.....our posts crossed in the ether! Easy to get the unilateral notice removed? Really?? I'm intrigued!! Any advice??

 

 

MX

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I'll PM you in case of visitors to the thread!;)

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Well, as luck would have it.....I called the FOS this AM and got a reference number (papers in the post to me). This afternoon, i rec'd a letter from Howard Cohen, threatening court action if I don't pay up in 7 days from the date of the letter (which happens to be 5 days ago!).

 

The amount is also £7 less than the amount quoted in the original Howard Cohen letter from September and does include 'costs', which were £410 in the original letter.

 

I suppose I should inform Welcome that it's now with the FOS? By the way, the FOS said an investigation does not necessarily prevent Court action.

 

MXXX

 

No, it might not prevent legal action by Cohen.. but Judges take a dim view of litigation that could be avoided by mediation (ie the FOS):) Any correspondence you enter into with Cohen or in fact anyone involved in this you should refer to the FOS reference number:)

 

Hi MP!

 

Thanks for your vote of confidence!

 

The only paperwork I actually have is an unwitnessed 'Legal Charge' (signed by me) but, presumably, there must be some other doc as I know Welcome have a 2nd charge on the property. Should i ask the Land Registry for documentation?

 

A side issue is the info on my CRAs - Welcome have listed it as a 'second mortgage' in 'joint names' (it's in m name only). The monthly amounts are off by a few cents and the number of payments is wrong by an additional one. This is another issue I've asked Welcome to address but they simply ignore it.

 

thanks for your interest!

 

MX

 

 

YOu should send a further letter to Cohen. Bullet point all you unanswered queries and advise that all correspondence between yourselves is being copied to the FOS.

 

You should do that anyway as it keeps their files updated.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No, it might not prevent legal action by Cohen.. but Judges take a dim view of litigation that could be avoided by mediation (ie the FOS):) Any correspondence you enter into with Cohen or in fact anyone involved in this you should refer to the FOS reference number:)

 

 

 

 

YOu should send a further letter to Cohen. Bullet point all you unanswered queries and advise that all correspondence between yourselves is being copied to the FOS.

 

You should do that anyway as it keeps their files updated.

 

Thank you Citizen B! I have a FOS Reference Number but am waiting for their paperwork to come through. I will, however, quote the reference number from now on.

 

I've written to Howard Cohen, listing the missing docs and informing them than the matter is being investigated by the FOS and I cc'd various Welcome people/departments on the letter.

 

Welcome seems to be in a REAL mess.....let's see what happens!!

 

thanks for all your help!

MX

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So, in response to my letter to Howard Cohen, informing them that this issue is now the subject of a FOS investigation, I receive a letter from.......Lewis Debt Services! The enclose the same old bunch of dodgy docs I've been receiving for months and they ignore my specific requests. Oh, and I have '48 hours to set a repayment arrangement'.

 

Welcome is a disaster area!! And about to get another letter from me that won't include any payment arrangements!!

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So, in response to my letter to Howard Cohen, informing them that this issue is now the subject of a FOS investigation, I receive a letter from.......Lewis Debt Services! The enclose the same old bunch of dodgy docs I've been receiving for months and they ignore my specific requests. Oh, and I have '48 hours to set a repayment arrangement'.

 

Welcome is a disaster area!! And about to get another letter from me that won't include any payment arrangements!!

 

Talk about pass the buck :rolleyes:


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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Haha! I have to say that Welcome's behaviour is extraordinary. You should see my Welcome file - it's totally crazy, schizophrenic. And, alas, I don't think there's any method in their madness.....other than to create a situation so totally mess that they hope no one can navigate it!

 

Thanks for your input! MX

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After sending countless letters, I've finally rec'd a copy of the original, unsecured loan agreement - rate of interest p.a. is 42.56%!!!!.

 

Anyway, they STILL haven't answered any of my completely sane questions or provided all of the docs the are legally obliged to. I am now dealing with EIGHT people at Welcome and all they do is ignore my requests and bully me.

 

V frustrating!!

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After sending countless letters, I've finally rec'd a copy of the original, unsecured loan agreement - rate of interest p.a. is 42.56%!!!!.

 

Anyway, they STILL haven't answered any of my completely sane questions or provided all of the docs the are legally obliged to. I am now dealing with EIGHT people at Welcome and all they do is ignore my requests and bully me.

 

V frustrating!!

 

Send your next letter to the CEO at their Registered address. Head it up Official Complaint. Dont forget to put your FOS reference number on it as well.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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For reference the CEO of Welcome is Paul Mackin

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CB and MP! thanks for the invaluable advice and info.....letter going off to Mr Mackin ASAP!! I wonder if he'll delegate to one of his brainwashed minions or actually deal with this issue? Watch this space! Huge thanks, MXX

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On the Cattles Discussion website site there are rumours the Paul Mackin is due to resign,

 

CATTLES Discussion CTT CTT.L - Interactive Investor


As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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