Welcome finance never registered my secure loan against my home???

[michelle63p]

Hi all

We stupidly took a secured loan out with Welcome in 2003,

 

to cut a long story short it is now we are waiting for a soliciter to see whether it may be unenforceable.

 

While collecting our paperwork together i noticed a morgage deed form that we were supposed to sign

ands send back to welcome and they were to send it to the HM land registry, this was never signed or sent.

 

I have now rang the land registry who have confirmed that the loan was never secured against my house.

 

Does anybody know what the implications of this may be?

 

can they take me to court for this breach?

 

Thankyou

[michelle63p]

Thanks for the reply, i have a copy of the agreement but can't see much wrong with it to be honest and wouldn't have a clue on how to check if the payments all add up because of the apr etc. Because of the amount we are being forced to pay back each month on the loan there is no way we can afford the money the solicitors want to take on the case, so stuck between a rock and a hard place at the moment

[MrZ]

It's not whether it adds up or not, it's the way it is set out that can be fatal to the agreement. I do not claim any expertise in how you do this but you may wish to consider scanning and posting your agreement on here for an opinion on the enforceability issue. You will probably get several opinions, and hopefully one of them might be correct, but no promises.

 

I agree, I have an agreement dated the same year and have a court case pending. If you post a copy of the agreement (remove your personal details) others might spot something you may not be aware of.

[michelle63p]

Sorry my mistake the loan is 2004.

 

MrzZ is your court case for an unenforcable loan?

 

i don't have access to a scanner so have done my best with the photos.

 

The agreement says i pay back 316 a month but we are currently paying back 410 a month dues to some arrears.

 

Its the end of the month when we usually pay and they have already rang 6 times don't know what part of i have no money to pay today they don't understand.

 

Edit****It says To be able to post links or images your post count must be 10 or greater.

 

You currently have 2 posts. so i cant post the photobucket link

Thanks for your help

[MrZ]

Sorry my mistake the loan is 2004. MrzZ is your court case for an unenforcable loan? i don't have access to a scanner so have done my best with the photos. The agreement says i pay back 316 a month but we are currently paying back 410 a month dues to some arrears. Its the end of the month when we usually pay and they have already rang 6 times don't know what part of i have no money to pay today they don't understand.

Edit****It says To be able to post links or images your post count must be 10 or greater. You currently have 2 posts. so i cant post the photobucket link

Thanks for your help

 

My case is for an unenforceable agreement, unfair relationship, misrepresentation, and mis sold PPI. Making a claim solely for unenforceability has often been discouraged, unless there are other things that give a cause of action. The reason being is the courts were ruling against claims as it became apparent that a great number of claims were being brought by claims management companies in hopes of "wiping out debt"

 

As far as the posts go, yes you have to have a least 10 posts before you can add an attachment. Just reply to this thread until you have enough posts.

 

Based on yor history with Welcome, and other facts, you may have good grounds for making a claim.

Edited September 27, 2011 by MrZ

[MrZ]

BTW, do you have a copy of your account statements? If you have arrears, I would be willing to bet you have loads of unfair fees and charges as well.

[michelle63p]

Thats great help thanks and fingers crossed for me having a case it would mean i didnt have to sell my house, i will look into having my statements not sure whether i have kept them, thanks again

[MrZ]

dbabylon mentioned spending one pound to get a copy of the agreement. You also get a full account statement as part of the request. You will be writing a letter and making a request under section 77 of the Consumer Credit Act 1974. The section requires the lender to send you a copy of the agreement and statement of account. The stautory fee is £1, and they must supply the information within 12 business days, plus 2 days for postage (14 days).

 

If they dont, the account becomes unenforceable until they do.

 

Regardless of whether or not they applied the charge, you should only sell your house if you choose to for your own reasons. If you are unable to make the payments they are demanding, there are steps you can take.

 

Make a few more posts here so you can upload link to your agreement. Also take some time to read some other threads, as there is a wealth of information here available to you.

[michelle63p]

Thanks i have read alot of posts over the last few days and have discovered alot, think i may be addicted hehe, there are some very helpful people here. I will be sending a letter tomorrow requesting the agreement. Thankyou

[MrZ]

Thanks i have read alot of posts over the last few days and have discovered alot, think i may be addicted hehe, there are some very helpful people here. I will be sending a letter tomorrow requesting the agreement. Thankyou

 

Make sure you keep proof of posting or send it recorded delivery (£1.23).

[michelle63p]

oh yes good advice will do.

[michelle63p]

http://s1202.photobucket.com/albums/bb362/michelle63p/

[MrZ]

http://s1202.photobucket.com/albums/bb362/michelle63p/

 

I wont go as far as sayingyou have grounds for a court case (yet) but you certainly have good reason for making a claim for a few things.

 

1. PPI

2. The mortgage indemnity fee (MIF)

 

Did I see correctly that your agreement was never signed and dated by Welcome?

Did you get a notice of cancellation rights?

Where you given a copy of the agreement at least 7 days prior to being sent the agreement to sign?

 

Edit: Also the APR as stated on the agreement is incorrect. It should be 17.5 not 20.5.

 

All of these things together, plus how they have treated and dealt with you since the agreement may give you strong grounds for a possible curt action.

[michelle63p]

Yes you are right the agreement was never signed or dated by them, not sure on whether i recieved a notice of cancellation rights but i'm sure i was never sent the agreement prior to being sent the one i had to sign.

[MrZ]

Ok, well based on the limited info so far, I am thinking you have a very good position here. To be sure you may also wish to send them a Subject access request in order to assess your situation further.

 

Take some time to get all the information and paperwork you can, then look at the best way to approach this. From my own experience, I can tell you that you dont want to start of in certain direction without having a very good understanding of the big picture.

[michelle63p]

In one way i'm scared to let them know that i am going to dispute it because i know how threatening and harassing they are going to get but on the other hand i have no choice, plus i might start recording there calls and use it back at them im fed up of being bullied. Thanks again for your help

[MrZ]

There's a sample of an harassment letter you can send in the library. I sent one at the beggining of the year and I havent had a phone call since. Not only that, but, if there is a chance you end up in court you will want everything in writing.

 

There is really no reason to speak to them. YOu can even make your payments via the automated system so no need to ring them up for that.

[michelle63p]

just shows really, i had no idea there was an automated service they ring me numerous times in the month "just to check" that i will be making the payment at the end of the month then towards the end of the month sometimes numerous times a day to see if i can make it that day, then randomly to try to pressure me to make higher payments. Once i unplugged my phone for 2 days around the 26th and they turned up at our house, bit extreme considering i had not even missed the payment yet. The letter template looks like just the trick thanks

[MrZ]

just shows really, i had no idea there was an automated service they ring me numerous times in the month "just to check" that i will be making the payment at the end of the month then towards the end of the month sometimes numerous times a day to see if i can make it that day, then randomly to try to pressure me to make higher payments. Once i unplugged my phone for 2 days around the 26th and they turned up at our house, bit extreme considering i had not even missed the payment yet. The letter template looks like just the trick thanks

 

Then they charge £10.00 plus interest for every phone call.

 

Ask yourself...is that fair?

 

Make records of everything!!!

[michelle63p]

Hi MrZ

wouldn't let me reply to message as ive not made enough posts, not been on here for along while will have to have a catch up of your posts, hopefully you have done better than me, in the end we give up just had to much other stuff going on and are just plodding along paying the extortionate amounts was told we didn't really have a case by the solicitor and it would be a waste of money trying !

[dx100uk]

keep your posts on thread please

 

you need to SAR welcome and get all the statements

 

and get reclaiming

 

did you ever check the land reg site to see if the secured loan is shown?

 

me think you are being cash cowed

 

dx

[michelle63p]

Yes the secured loan is not shown on land registry, I just felt harassed at the time and had so much going on but going to get back on the case now i have the time. Will be sending off a SAR tomorrow, Thankyou

[MrZ]

Yes the secured loan is not shown on land registry, I just felt harassed at the time and had so much going on but going to get back on the case now i have the time. Will be sending off a SAR tomorrow, Thankyou

 

Yes, keep at it. That is part pf their tactic: to wear you down or make you so frustrated you give up.

 

I am still fighting in court. They have fought very hard and tried every trick from attempting to strike out my claim, saying ot was out of time, to even saying someone else sold me all the crap together with the loan. None of their tricks have worked. A trial has been scheduled which wi ll happen very soon. They are beaten in my case, and they know it, they are now using every minute of the days remaining before trial to figure out they best path to surrender.

 

Don't give up, if you have a case, I will, as I am sure others will, do what we can to help you. Get you SAR as soon as possible. They do have an argument for time limits (but so do you) so don't delay.

[michelle63p]

How very strange,

 

this morning i received a full statement from welcome from the day the loan was taken till now and i dont think it was asked for haha.

 

Its seems to be full of "CAPITALISATION" and alot of "PAYMENT REVERSALS" in may last year?

 

Can you shed any light on what these are?

 

I started with a £15k loan in 04 and the balance at the moment is £14400

 

what a joke.

 

Having looked into it further on random occasions when a payment had been made

and would come of the balance they would make a payment reversal the same day

and add it back on to the balance along with capitalisation???

Edited April 5, 2013 by michelle63p

[dx100uk]

seen this before with welcome

 

can you scan up the statement please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx