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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Welcome Secured but no CCA


scoobyd77
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hi

 

Got a loan with welcome in 2007 for £6k, then 2008 got top up loan to £15k.

 

Twice requested a CCA and each time they send me the CCA for the £6k loan, but no CCA for 15k loan.

 

Is this normal or do I have grounds to dispute as no CCA.

 

Also I dont want to trash my credit file, so if they have no cca and I dispute will my credit file be trashed for 6 years.

 

Any comments welcomed, :)Lol

 

also anybody got any links for a secured loan cca in court success story or **won** as I cant see any so not a good omen.

Edited by scoobyd77
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I am going to ring on monday,

I have a contact from the letter called L Cooper who works in the customer complaints department. Anybody had any dealings.

 

Would still like a link to a success story for having no cca on a secured loan or does welcome not take it to court if they dont have a cca just in case they lose, which I assume they would.

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CCA request covers ALL data held by them about you..send a letter with all the account numbers on as they are committing an offence.

They are just pi**ing you about,just like they do everyone else.

 

CCA request will get you an up to date statement and a copy of your agreement.....

SAR request is ALL data they hold on you

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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I rang welcome this morning on a 0115 number about not supplying the correct CCA, he kept going off the line to speak to his line manager and said she will give me a ring to discuss the issue, I said I can talk to her now then he said she was off sick?????

He said she maybe call me tommorrow but she is quiet busy, lol.

 

I told him I would be putting the account in dispute and cancelling my direct debit as by law I should have it within 14 days, he agreed I should have it to see what I am paying for.(sounded nice guy to be honest, but a little gay)

 

I am going to give them a ring back anyway on wednesday if I dont hear anything, then if no answer I will write a dispute letter and cancel Direct Debit.

 

Maybe this guy has now got to trawl through a mountain of agreements in some storage unit somewhere, hence the delay.

 

I dont think they will have the cca, soooooooo what will happen next, is anyone else in this situation, must be.

Edited by scoobyd77
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can't remember the exact law, but apparently they are allowed to supply a reconstituted CCA as long as it shows all the correct material an original would have done i.e (name, address, all figures, APR, interest) etc...

 

i'm querying mine as they've sent me two different copies, basically i borrowed £5000 from them over two orginal loans and they are still saying i owe £14000, and i've already paid them £8000!!!!!!!!!!

 

good luck with yours, keep me posted and i will do same :)

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scooby for your own protection stick to contacting them in writing as they wil deny any conversations if they deem it necessary and you will have no proof, keep a paper trial for your protection.

 

they can send a recon agreement I believe as long as it contains the exact details of the original

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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So to simplify

 

1. They can send me a reconstituted CCA to comply with the request.

 

2. I can put the account in dispute, but they dont subscribe to the banking code so they can ignore this and just default the account and trash my credit file.

 

3. Judge Waksman has said " if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy."

 

4. Welcome can keep adding interest and fees until debt cleared.

 

5. No court action can take place and welcome have no tools to collect.

 

6. If by miracle you went 12 years with no contact the debt will become statute barred.

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So to simplify

 

1. They can send me a reconstituted CCA to comply with the request.

 

yep as long as it is just that and not some total fabrication!

 

2. I can put the account in dispute, but they dont subscribe to the banking code so they can ignore this and just default the account and trash my credit file.

 

Yep pretty much

 

3. Judge Waksman has said " if a lender could not supply a copy of the loan agreement, then this automatically prevented them from using the courts to chase a debt until such time as they could come up with a copy."

 

Yep they can do whatever they like but not put a CCJ etc against you

 

4. Welcome can keep adding interest and fees until debt cleared.

 

Yep altho they cannot charge interest if statements arent produced and ridic charges can be reclaimed

 

5. No court action can take place and welcome have no tools to collect.

 

They could possibly pass to a DCA who in turn couldnt use the courts either

 

6. If by miracle you went 12 years with no contact the debt will become statute barred.

 

I thought it was 6yrs for SB.....or is this different because its secured? And its not no contact, its no admission of liability by you be that in writing or by form of payment

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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