another welcome finance debt

[fee106]

my son took out a personnel loan with welcome finance in 2004 for the sum of £3075 , he defaulted and was taken to court for £4230 that includes howard cohens wedge on top...he now has a ccj and was ordered by the courts to pay £25 a mth starting in feb 2009...he has been paying this off has not missed a payment ...when suddenly he received a statement of how much he still owes, they have also now put on £3000 odd pound for capitalisation for the last 2 years from 20th 2008 to feb 2010 doubling the debt...no interest added before that

 

i mite add that when he took out the £3000 loan i was the second signature on it...

when the debt got taken to court it came only in his name and not mine as well, though i have received a statement of monies owing...what does he do now as on the court papers it only says that he owed original debt and solicitors costs and interest to the date it went to court,as he obviously mae the £25 offer to the courts as this was all he could afford, and now they have basically doubled the debt

 

according to the lady i spoke to at lewis they still have the same balance owing as we do from the courts

also i thought that if debt was for under £5000 no interest could be added,or only 8% on a ccj

hope that all makes sense...thanks

Edited September 5, 2010 by fee106

[winston73]

Hello.

 

I think you need to be more specific, the debt was taken out in 1996 and the court made him pay in 2009.

 

How long was the agreement for ? I believe a debt can't be enforced after 6 years of no cantact with the lender from the last point of contact. I also think you can reclaim capitalisation charges as they come under unlawful fees etc.

 

It may be best to send off a cca sar request so you know what transactions have been made. 13 years for a 3k loan seems a long time.

 

It's worthwile scouring other posts for info regarding your dilema, especially para 2 because i'm not 100% sure on that.

 

I'm sure someone will come along with the necessary clout to help you.....

 

Thanks.

[fee106]

the poc on from of court letter says

the claimants claim is for the sum of 4065.44 being monies due from the defendant to the claimant under a regulated credit agreement made in writing between the defendant and claimant under reference 1300451

 

the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87(1) of the consumer credit act 1974

 

the claimant claims the sum of £4065.44

[fee106]

bump

[fee106]

can any 1 help with this matter thanks

[consumeredge]

This reads to me the account was sold to The Lewis Group with an outstanding balance of £X,XXX.XX - Cohens costs and the court fee gave a total of £4230.00,

 

Welcome are still adding interest to an account which they allegedly sold to the Lewis Group when your son defaulted.

 

The POC should state the "The Claimants claim is for the sum of £X,XXX.XX being monies due from the defendant to the claimant under a regulated credit agreement between the Defendant and Welcome under reference xxxxxxxxxxx and assigned to the claimant on the DD/M/Year, notice of which has been given to the Defendant"

 

What is this "regulated credit agreement made in writing between the Defendant and Claimant under reference 1300451"

 

Who is the actual Claimant sighted on the N1?

[fee106]

the claimant on the form is welcome financial services

[fee106]

bump

[consumeredge]

For this to be lawful Howard Cohen should have included a clause for interest within their Particulars of Claim, they havent? I would write to Welcome saying having issued legal proceedings and sought payment for the outstanding balance, when judgement was awarded against the defendant the account was terminated. You have now received a statement whereby Welcome have continued to add interest from the date of judgement, please can you offer an explanantion. Send this recorded delivery.

[fee106]

so when my son got taken to court the agreement with welcome should have been terminated, and he should only be paying the £25 to howard cohen who are forwarding the payments to welcome

[consumeredge]

Exactly, welcome instructed cohen for collection....the POC from of court letter says

the claimants claim is for the sum of 4065.44 being monies due from the defendant to the claimant under a regulated credit agreement made in writing between the defendant and claimant under reference 1300451.

 

Judgement was awarded to cohen, account 1300451 terminated.

[postggj]

Lets clear this up

 

contractual interest post ccj cannot be claimed unless its in the pertic of claim

and in the terms and conditions of the original agreement

 

the total amount owed is only £4230

 

thats it, no more

 

seriouse complaint needed to the sra me thinks (again)

[fee106]

thanks very much for that what should i write in the letter to send to welcome and cohen...many thanks

[postggj]

Well as the debt is not going to be settled in the near future a complaint to the sra is in order

 

give me a few days as ime just finishing off a court defence at the moment

[fee106]

hi thanks very much what should i also write to the tw**s at welcome finance to remove the interest which has now doubled his debt with them but not with the courts....many thanks

[sillygirl1]

Send Welcomes statement to the court and state that they have breached the terms of the original CCJ and therefore you would like a redetermination hearing - this is to establish whether the original particulars meet with the CPR regulations... that should send the wind in their sails.

 

Trying to change particulars after a case has been heard to suit their needs seems to be coming more common.

 

I think this is because before the days of internet forms they could get away with people being completely ignorant of the law and its workings and thinking you need a solicitor to deal with any little problem. These days this forum and others like it are having an impact on a very murky industry....

[fee106]

a redetermination is a waste of time here as my son is not contesting how much he is paying through the ccj...he wants to no what to put in a letter to welcome about them still charging interest on a debt thats got a ccj on it even though theres nothing on the courts poa

[fee106]

any joy with drafting that letter for me postgg...thanks

[fee106]

bump