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    • good  thanks for telling us the full story. its better we know where we stand always.   get the last CCA return up into ONE multipage PDF please read upload. don't post as JPG's to your thread please
    • The decisions were mine.  I had alot going on back in early 2011. We had a fire in our home office and my wife had just started a new job.  I was trying to get my head around my business which folded at the end of 2009 and what to do as well as look after 3 daughters 16, 14 and 11. That was when I decided to use a DMP and let someone else handle a number of c/card issues for both my wife and me. I stopped the DMP around April 2017 and then realised that I would stop paying and push to see who had a possibly valid CCA. Most of the cards have been sold on and there are no valid CCA's so are not enforceable but may raise their heads again. Cbot have decided that the size of this makes it worth trying for  suppose so that's why I'm ready to get this resolved now. Non of the CAG team have given an opinion on this recon CCA yet.   Will pick this up again on Monday as not around over the weekend. Thanks for your help.
    • I have a notice of enforcement, dated 26/4/19! This was the correspondence i received following my response to Harrow council detailing my difficult circumstances and requesting time to pay over installments.  Following receipt of this Notice of enforcement I had the visit just a few days after and before the said date on the letter.   I will do as suggested and contact my local Councillor.   Is it worth me sending a text message to the bailiff i spoke to?    
    • For a Civil Debt they would have to have a Controlled Goods Order with the items properly listed and a copy sined by the debtor. before they could apply to force entry.
    • Okay thankyou I have every faith In Ellen it's just worrying when get the letters especially with 2 little ones to think of makes u feel like u have failed them xx I'm just hoping our luck changes xx
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
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      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
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      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
carnalpleasureuk

welcome secured loan sold to coast

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Hi guys

First post here, hope you can help?.

 

I took out a secured loan with welcome in 2005 but went bankrupt in 2006.

 

Have only had 6 monthly letters saying that we were in arrears until a month ago when we received a default notice giving us 2 weeks to pay arrears of £16000.

 

Now like most people we do not have £16000 lying around in fact I have only 6 weeks ago got back into work after almost a year out

and was on jury service when they sent the letter so didnt really have time to do anything about it.

 

Now we have received a letter from Incasso debt collectors demanding we pay £33476 which apparently is the overdue amount not a redemption figure!!

 

Have not been able to find any paperwork after all this time of inactivity but I do know that the original loan was around the £20000 mark.

 

Now being desperate at the time(I had just had a potential joint buisness venture come crashing down at the last minute

and tried to borrow enough to do it on my own having just quit my job in preparation to start the buisness, but ultimately lost out on that to)

 

they were bending all sorts of rules like overstating my wages without even asking, saying that we didnt earn enough to get a loan then upping the loan required and I dont remember sending any wageslips either!!

 

Could anyone give me any advice on what we should do now?? Could really do with some.

 

Thanks in advance

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Hi carn

 

Welcome to CAG

The guys will advise as soon as they are available.


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Morning guys

 

Just wondering if anyone has had a chance to read my post and can offer any advice?

 

Many thanks

 

Hi again i really dont want to seem a nuisance but i only have a couple of days before the 7 days are up with dca

 

could really do with some advice as soon as anyone is able to help, as working 12 hour shifts for the next 2 days so wont have access to here til late evening.

 

Anyone please?

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cant have read very much yet...........

 

 

whats the first rules about DCA's...........

 

they can do nowt to you they have NO LEGAL POWERS.

 

ignore them and stop worrying about them

 

now i've put some line breaks in your msg so's we can easily understand it now........

 

ok std questions you read we ask..........

 

when was YOUR last paymentyou actually made

 

have you SAR'ed welcome yet

 

as i bet 99% is unlawful charges & 'forced' insurancs that you had to takeout to get the loan - those you can all reclaim.

 

dx

 

ignore the tame dca - fleecing agaents.


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Thanks for replying dx.

I dont actually know exactly when the last payment was made but as i said in original post we went bankrupt in May 2006 so it would have been before then, in fact we went bankrupt approx 8-9 months after getting the loan.

 

No have not SAR'ed them as i just havent had time since receiving the default notice with jury service and work.

 

How do I go about that, I did click on the SAR link but its all sorts of news or did I miss something?

 

Its Incasso debt recovery solicitors that have now given us 7 days to reply and I read on here in another post that they are pretty hot.

 

So should i respond or ignore them as it says failure to pay or make contact may result in legal proceedings, also the default notice mentioned getting a attachment to earnings order.

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they cant default notice you 5yrs on.

 

have you looked at your cra file yet?

 

and why was the loan not under the bk?

 

you pointed to a word they used too... may!, if, could, might, instructed.........get the idea?

 

look at it this way...if the OC wanted their money ...why nowt fromthemin 5yrs?

 

simple they wrote it off against tax or it was covered under your BK...

 

dx

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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No I havent checked credit file since we went bankrupt, didnt seem much point before. If I remember rightly it couldnt be included in bankruptcy as its secured on the house and as we were and still are in negative equity by a long way our house was not touched and weve managed to keep the mortgage going on it.

 

So what would you suggest we do now, the house phones been ringing a lot but havent answered as each time i check the number its not been left so have assumed they are trying to get hold of me.

 

what should we do about Incasso as like I said ive read on here they are hoton this sort of thing and only have a day left?

 

Welcome did initially keep trying to get us to pay after BK but we simply werent in a position to do anything and they just stopped contacting apart from 6 monthly letters saying we were in arrears?

 

I do appreciate your help dx

 

Bump

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so how do you know you've been defaulted

 

get the cra file.

 

its your money you call the shots

 

not some tinpot dca/tame solicitor that have no legal powers.

 

as i bet 99% is unlawful charges & 'forced' insurancs that you had to takeout to get the loan - those you can all reclaim.

get moving

 

if you dont have all the details

time for an sar

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I was sent a default notice from welcome dx but like a lot of people on here it just said 14 days from date of letter and there was no name or signature of whom I was supposed to respond to. Then I got the letter from from Incasso

 

Ok ill get a sar off and get credit file.

 

So do I not respond to anyone until Ive got those details?

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Hi I posted a few days ago regarding wot to do about default notice and letter from Incasso debt recovery solicitors and received advice to SEND A sar request.

 

This debt is over 5 years old so would this contact count as contact preventing the debt becoming statute barred after6 years??

 

Also is there anything i can do about the way in which we were allowed the loan as in the guy on the phone stated that our wages were not enough to allow it so he said if he 'adjusted' our wage/salarys that that would enable us to get a bigger loan than what were were actually applying for and we didnt need to submit wageslips etc??

 

Any advice ??

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Are you in england or scotland

 

the only way of reseting the statute barred clock would be by letter acknowleging the debt or by making a payment

 

telephone contact does not count

 

when was the last payment made

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Hi thanks for responding so quickly post, Isaw you were on so was hoping you would reply.

 

Im in England. so a SAR request wouldnt count?

 

Im not too sure when the last payment was made but it was taken out approx September 1995 and we went bankrupt in May 2006

 

It couldnt be included as it was secured on the house and as we were and still are in very negative equity we were allowed to keep the house and we have made no payment since before we were bankrupt.

 

is there nothing we can do about the way in which we were sold the loan?

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Hi, carnalpleasureuk.

 

I've merged your threads, lets post know what the score is regarding your problem and what sort of replies you've already had, It's always better sticking to one thread.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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what did the official receiver say about the house

 

has the official receiver any claim on the house now

 

have you sent incasso a cca request and has the loan been sold to them or are they just collection on behalf of welcome

 

have you ever had a notice of assignmemnt ref sale of the account

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The receiver said that as we were in negetive equity that there was no point in trying to use it to pay debts. Im not to sure what the situation is now regarding the receiver as havent had anything from them for a long time so i guess we would have to contact them.

 

The Incasso letter says they are instructed by thier client(wfs)to contact us in relation to the amount and that we had 7 days to contact them.

 

As far as im aware weve never had a notice of assignment?

 

And no havent sent them a cca as trying to find out the best course of action beofre we do anything

 

The Incasso letter also says that all correspondence and payments in relation to this debt must be addressed to them and their client

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so they are just using incasso to bully you

 

tell them to sod off if they ever contact you and

 

IGNORE

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What, do you mean that we should do nothing at all?

 

They said that they could get an attachment of earnings or start legal proceedings?

 

We arent in the statute barred position though?

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How can they get an attachment of earnings, baliffs, hang draw and quarter when there has been no county court claim yet

 

incasso can do nothing as they dont own the account, welcome still do

 

i need to see that letter from incasso as they have committed an offence under c.p.u.t.r

 

do you have a scanner

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No but I can type it on here if it will help?

 

Dx suggested i get a cra file to see excatly what the situation is regerding them as we have ignored their correspondance because we havent been in a position to anything about it?

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Please do

 

word for word minus personal details

 

also, check with the official receiver if they have any claim on the house

 

REGISTER FOR CREDIT EXPERT FROM EXPERIAN

 

IT WILL GIVE FREE ACCESS FOR 30 DAYS

 

JUST CANCEL WITHIN DAYS AND YOU WILL BE OK

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We arent in the statute barred position though?

 

This is unlikely to be of any use as the loan is secured to the property. it's an interesting situation for sure.

 

Did you list the secured loan on the bankruptcy petition?

 

If so then it's likely if Welcome did try to repossess you any shortfall would be extinguished as part of the bankruptcy.

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Outstanding balance £33,476.32

 

We have been instructed by our client to contact you directlyin relation to the above outstanding balance. This balance is the overdue amount under the terms of the agreement, it is not a redemption figure. If you would like a redemption figure please contact us 0845 404 1801.

 

Payment should be submitted in full to reach us within the next 7 days or contact made with this office immediately by calling 0845 404 1801.

 

We will endeavour to assist you in any way possible to clear your outstanding debt, however this can only be acheived with your full co-operation.

 

You can pay using our secure online payment facility by visiting http://www.pay incasso.com or by credit or debit card by calling 0845 404 1801. Alternatively, your cheque should be sent to usmade payable to Incasso LLP with our reference ofWELCOME/XXXXXXXX quoted on the back of the cheque

 

All correspondance and payments in relation to this debt must be addressed directly to ourselves and not to our client.

 

Failure to make payment or to contact our office may result in legel proceedings being issued against you.

 

Free independant advice and assistance can be obtained from organisations listed on the back of this letter.

 

Re sequenci

 

the mortgage and welcomes secured loan is on there but im sure the receiver said that they couldnt be included as part of the bankrupcty

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Failure to make payment or to contact our office may result in legel proceedings being issued against you

SAYS IT ALL

 

MIGHT, CAN, MAY

 

AS STATED, IGNORE BUT CONTACT THE OFFICIAL RECEIVER ABOUT THE STATUS AND ANY/IF ANY CLAIM IS STILL ON THE HOUSE

 

DO THE EXPERIAN 30 DAY FREE TRIAL TO SEE IF THE LOAN IS UNDER WECLOME

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Re sequenci

 

the mortgage and welcomes secured loan is on there but im sure the receiver said that they couldnt be included as part of the bankrupcty

 

They are not included whilst they are secured debts. If Welcome try to repossess any shortfall would be written off as part of the bankruptcy at that point (if it ever happens). To cut a long story short Welcome are caught between a rock and a hard place.

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