welcome finance help needed!

[rokkiroo]

i took out a loan with welcome and still have the original agreement plus ALL correspondence they have sent,

 

the original loan was £2k i had difficulty paying back

 

they made an attachment of earnings order on my wages,

the document outlining the AOE stated that they could take no more than £100 a month

yet they have been taking in excess at times of +£180

 

they have put loads of charges for phonecalls i have never recieved and letters that have not been sent,

 

the loan is now valued at nearly 4K and they once a month put my account into arrears when it is clearly not because

they taking directly from my wages before i even recieve them

and i have been earning constantly so there is no problem with my wage and the amount i get payed.

 

i dont know what to do!

[freakyleaky]

You need to write to them stating that they are breaking the arrangement by taking more than the agreed amount.

Was the AOE arranged by the courts or just between you and welcome?

[freakyleaky]

Having just read up on AOE's I think I am right in saying that the creditor can only deduct the amount ordered on the AOE by the court.

I think you should be contacting the court to report a breech of the order.

 

Also I don't think they can add charges or fees to an existing order

http://www.bankruptcy-insolvency.co.uk/debt_factsheets/attachment_of_earnings_order.php

 

 

I will flag this up for the site team to take a look.

[citizenB]

You definitely need to write to the court and advise that the company have breached the order.

 

Have you written to the company with a copy of the Judgment! You should do this as well - head your letter OFFICIAL COMPLAINT

[rokkiroo]

thanks freakyleak,

 

the order was made by just the court and welcome finance,

also my ex partner is on benefits and also had a 2k unsecured loan

but is in a position of bankruptcy but cant afford to officially declare it

and they sent her a letter saying she now owed 9k+!

[rokkiroo]

ps: i have not written to them yet but will be doing so first thing!

[dx100uk]

you also need to sar welcome

 

and get all the statements

 

and get RECLAIMING all those PENALTY charges..

 

and any insurances they have put on the loan too!!

 

dx

[rokkiroo]

dx100uk, thankyou for your input i will definitely be putting something in writing by the end of the day, i appreciate the help =)

[dx100uk]

when was the loan taken out?

when did they get the CCJ?

and how much was on the judgement?

 

 

me thinks they owe you!!

 

dx

[rokkiroo]

i have not got the court order to hand but i think it was issued in 2010 , plus the money owed on it was £3500,

 

im just lookin at past statements and on them they have charged me 'capitalisation fee' ?? and also some 'interest goodwill credit'??

 

also they have charged £25 for telephone fees?

 

on the statement there is also a court fee from 27/03/09 the original loan was taken 20 november 2007

[rokkiroo]

sorry im mistaken the loan was taken out in 2007

[dx100uk]

cap fee no

telephone fees YES

good will credit?? urm.......

 

 

you an phone the court and ask for the details from the judgement box.

 

prob northampton bulk court?

 

unless you have ALL the statement from birth

i'd sar them

 

dx

[rokkiroo]

i have a vast majority of statements plus it also appears on payslips, and yes it was issued from north hampton courts =)

[dx100uk]

time to knock up a spreadsheet then me thinks of all the PENALTY fees

 

did you have insurances {PPI etc } too

 

CISheet v101.xls

 

do you KNOW what is in the judgement box?

 

if not i'd get that info

 

i'd also question that unless it SPECTIFICALLY mentions they can charge post judgemental interrest...

 

they cannot be charging you interest post judgement.

 

dx

[rokkiroo]

i dont have to hand the judgement letter until this evening

but from what i remember it just stated that i was to pay back what i owed (3and a half grand)

and that they can take no more than 100 pound per month

 

and if i earn 150 or less a month then they cant take no more than 20 pound,

 

also stated if i change adress/job etc..

 

im to inform the courts or be liable for prosecution,

 

i did'nt have any PPI on the loan or any insurance, the loan was an unsecured loan. =) ps: thanks for all the advice i appreciate it

[dx100uk]

a 'letter' is no good

 

you need the contents of the judgement box.

 

who was the letter from?

 

dx

[rokkiroo]

the letter came from north hampton court,

 

however i may be being overly suspicious

(welcome finance have done nothing but con me)

 

but on the letter it has a stamp which has the north hampton court on it,

yet it is not an official stamp its been printed out i dont know if this is how it is suppose to be,

 

also on statements they have charged for:

capitalisation fee

telephone fee

default sum fee interest

prinicipal credit ADJ

direct debit (?) i pay thru wages

interest (very high)

interest goodwill credit

 

i am at a loss as to what they are and if they are allowed!

[dx100uk]

urm......

 

you dont get judgements by letter....

 

can you please phon the court in the morning and ASK

for the text of the judgement box

 

if you wish

scan up that letter you have....

 

 

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!!

.

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

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

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

.

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

[rokkiroo]

here is the letter as requested, sorry for the picture quality i have shaky hands and cant focus properly! =)

Edited June 2, 2012 by rokkiroo

[dx100uk]

not good

though it confirms its genuine though.

 

need a clear copy please

 

dx

[rokkiroo]

[ATTACH]35771[/ATTACH]

[dx100uk]

yep then they have broken the order and you need to contact the court quoting

that judgement number [you need to remove it too from the image!!!]

 

whilst on the phone

ask them if post judgemental interest is mentioned in the judgement box

as you are being charged it .

 

and that you are being charged additional fees too

 

and that the total outstanding that welcome are quoting now and in statemnts since

is significantly higher than the judgement figure.

 

dx

[rokkiroo]

ok i think ive removed the images now, and i will do as advised, thankyou very much for your help i appreciate it

[AndyOrch]

You need to do a DSAR as DX as suggested and work out all the additional charging.Also get a copy of the original summons and post the POC here (Particulars of claim) to check what they claimed for.If no interest is referred to then none can be charged.Have you requested a copy of the agreement and the T&Cs again to check post interest.Also if you can post a copy of the judgment (less any identifiable ).

 

With regards to the AoE just show your letter to your HR/Wages and make sure no more that is agreed is to be deducted.

 

 

Regards

 

Andy

[rokkiroo]

here is the AOE order

IMAG0030W.pdf