Jump to content


another welcome finance debt


fee106
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4928 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

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 by fee106
Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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....

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...