Invalid Termination Welcome Finance

[bustthematrix]

Hello All

 

Having read a bit about the subject of invalid Default Notices and Unlawful Rescission, I thought I might post up some documents I have from Welcome Finance in relation to this.

 

The loan was started in February 2008 and initially ran ok until work issues started to affect repayments and things were never the same after that. WF finally defaulted in February 2010.

 

It appears to me that they have both defaulted and terminated the account, irrevocably and unlawfully. The Default Notice is invalid by at least one criteria which I can see (incorrect allowance of 14 days). Oh, and the figures are wrong due to unlawful added charges. I'd appreciate any further clarifications on the breaches.

 

If I have read this subject correctly they may now not be able to collect the loan principal, only the arrears at the time of the default. Also, they have been served with a CCA of which they are now in breach by over a month!

 

The docs are set out below. Can the experienced folks here please have a look at these documents and comment?

 

Many thanks.

Edited July 6, 2010 by bustthematrix
Typos

[bustthematrix]

The Default Letter:

Edited July 6, 2010 by bustthematrix

[bustthematrix]

The Default Notice itself:

Edited July 6, 2010 by bustthematrix

[postggj]

Can You Repost As Its A Bit Small

 

Try Cutting And Pasting The Image Code Onto Your Thread Via Photobucket

[postggj]

An Invalid Default Notice Will Be Unlawful Recession Of Contract If The Agreement Is Terminated

 

Thats Case Law Under Woodchester Lease Management

[bustthematrix]

Here goes. This is a zipped version so should not be shrunk by the CAG system? Never used photobucket and I'm pressed for time.

Welcome DN and TN.zip

Edited July 21, 2010 by bustthematrix
Removed barcode!!!

[postggj]

Thats Fine Now

 

Default Notice Is Pure Crap As Usual:D

[bustthematrix]

Thanks for looking in postggj

[bustthematrix]

An Invalid Default Notice Will Be Unlawful Recession Of Contract If The Agreement Is Terminated

 

Thats Case Law Under Woodchester Lease Management

Great. What can we go on to claim as a result? Are the circumstances of the termination relevant at all?

[bustthematrix]

I'm also keen to find out if Mortgage Indemnity Fees are reclaimable and on what grounds??? These were added to two WF loans which were paid off in 2007. We've had two lots of over £1300 each on two seperate loans. With interest added on, one is worth £3500 and another over £2700, if we can reclaim them at this time.

[postggj]

On The Issue Of Claiming Interest On Fees

 

Be It Acceptance Or Mif

 

There Is A Case Being Heard In The Supreme Court

 

tomorow

 

7/7/2010

 

 

This Will Blow Welcome Out Of The Water Once And For All

[bustthematrix]

Wonderful. Are there no precedents that can be used in the meantime? MIF and Acceptance fees certainly apply to these loans. Had not even thought of claiming the Acceptance fee to be fair so thanks!

 

I guess this would also apply to Acceptance fees for various other lenders, not just WF?

 

btw, why are you so confident the lender(s) will lose in the hearing tomorrow? Is the hearing commencing tomorrow or is judgement being handed down tomorrow?..and how has it ended up all the way at the Supreme Court? Suggests someone has appealed it to that level does it not or did the Claimant(s) go straight there?

Edited July 6, 2010 by bustthematrix

[postggj]

There Is Case Law That Decided In Welcome FavourE

 

That Was Walker V Pacific Loans

 

This Is Now Back In The Court Of Appeal

 

This Will Effect All Lenders

 

You Will Have Your Answer In 24 Hours

 

Its The Final Judgement Tomorow

 

This Has Gone Back And Forward All The Way Up

 

End Game For Us And The Creditor This Judgement

[bustthematrix]

On The Issue Of Claiming Interest On Fees

 

Be It Acceptance Or Mif

 

There Is A Case Being Heard In The Supreme Court

 

tomorow

 

7/7/2010

 

This Will Blow Welcome Out Of The Water Once And For All

Hi Postggj

 

Any update on this please? I've been out of action and am just recovering.

[bustthematrix]

Thats Fine Now

 

Default Notice Is Pure Crap As Usual:D

Very good news indeed.

Can you say/PM me as to why?

 

I noted you managed to get your entire WF debt(s) cancelled, not just the arrears. Do you have a thread for that? Otherwise can you elaborate?

 

Was the CCA faulty and was it pre/post April 2007? Or was this irrelevant to your action? Also, were you the Claimant or the Defendant counterclaiming?

[bustthematrix]

Hi Postggj

 

Where art though???

 

The result of Walker is out now, and as we both know, the appeal was lost i.e. 'Walker lost'. But as I and others have said elsewhere, the SC, in the Walker case actually gave us some pretty useful legal declarations while on their way to dismiss the appeal.

 

For example, the SC re-affirmed the following, thus removing any doubt and limiting further room for creditor shenanigans in the lower courts:-

 

1. Missing Prescribed Terms renders a CCA an IEA

2. There is a very important distinction between Total Cost (or Total Charge for) of Credit VS Amount of Credit.

3. The importance of a correctly calculated APR. This is very easy for ledners to get wrong!!!

4. That the now famous Wilson vs First County case was decided by the then HOL rightly!

[bustthematrix]

So then, about my Q's in post #15...ta.

[cab1ne]

got your pm

 

cab

[cab1ne]

Hi Postggj

 

Where art though???

 

The result of Walker is out now, and as we both know, the appeal was lost i.e. 'Walker lost'. But as I and others have said elsewhere, the SC, in the Walker case actually gave us some pretty useful legal declarations while on their way to dismiss the appeal.

 

can you drop a link to that one please

 

cab

[bustthematrix]

Hi Cab

 

Here's a link to Walker http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKSC/2010/32.html&query=title+%28+Southern+%29+and+title+%28+Pacific+%29+and+title+%28+Securities+%29&method=boolean

 

Any further thoughts on post #6 ?

[cab1ne]

hi m8

 

thanx for that.

 

on the face of it "GARBAGE" the default is stating you have 14 days from the date of author, it must be date specific. the date must be 14 clear days after service, 2 days for 1st class 4 days for 2nd class. if you have the envelope it came in "KEEP IT SAFE"

 

cab

[beyondhope]

hi m8

 

thanx for that.

 

on the face of it "GARBAGE" the default is stating you have 14 days from the date of author, it must be date specific. the date must be 14 clear days after service, 2 days for 1st class 4 days for 2nd class. if you have the envelope it came in "KEEP IT SAFE"

 

cab

 

 

Agree with this, service must be allowed for, welcome will also tell you that 14 days is a sufficient phrase as cca states debtor should be allowed no less than 14days what they fail to remember is CCA also requests a DATE now given the understanding of the word DATE this is numbers not words you wouldnt say your date of birth is 30 years 2 months 26 days ago would you, you give a DATE (this will be in court for my case soon so will see what the judge makes of it ) Highly recommend the invalid default thread for more info or if i can help please shout also creditors are to default 'in a timely manner' so that also may be something to query as two years is a long time to be timely....invalid default notice thread can be found HERE

[bustthematrix]

Agree with this, service must be allowed for, welcome will also tell you that 14 days is a sufficient phrase as cca states debtor should be allowed no less than 14days what they fail to remember is CCA also requests a DATE now given the understanding of the word DATE this is numbers not words you wouldnt say your date of birth is 30 years 2 months 26 days ago would you, you give a DATE (this will be in court for my case soon so will see what the judge makes of it ) Highly recommend the invalid default thread for more info or if i can help please shout also creditors are to default 'in a timely manner' so that also may be something to query as two years is a long time to be timely....invalid default notice thread can be found HERE

Hi Beyondhope thanks for dropping by. Sorry, what were you referring to in relation to the two years? Is it the non payment?

 

All the best with your case! Did you have multiple breaches with your Default Notice or just the Date? So far, it seems I can find at least two strong problems with this one (date issue and wrong amount) and another 2-3 which are less strong but still foul of regulations anyway. Do you have a CAG thread for your case?

[bustthematrix]

hi m8

 

thanx for that.

 

on the face of it "GARBAGE" the default is stating you have 14 days from the date of author, it must be date specific. the date must be 14 clear days after service, 2 days for 1st class 4 days for 2nd class. if you have the envelope it came in "KEEP IT SAFE"

 

cab

Hi Cab

Thanks for the feedback sir. Anything else you think is foul of regulations?

[ZENTRIX9]

When you say date in numbers you mean for example 15/09/2010. So would 15th september 2010 also count?