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    • Hi Rei and thanks for the update.   Your post confirms what we're telling folk all the time - Harlands/CRS, Zinc and their pet "solicitors" continue to make demands but they fail to do anything substantial to back up their threats.   Hence our continuing advice to NOT respond to demands by letter, email or phone, because they'll do nothing that will affect your credit rating, or that will force you to pay.  
    • Hi GHL and welcome to CAG   You now have your own thread to use from here on ( to avoid hijacking someone else's thread where you first posted).   I assume there were 2 separate m/ships and not a joint m/ship, but please confirm.   I hope you've read other threads here which should help you understand how Harlands/CRS operate. They use every opportunity to make far more money from missed payments and penalty fees, than what they make from taking a percentage fee from ongoing monthly gym fees.   Yours was a rolling monthly m/ship so you only needed to give them notice to quit but there was no minimum 12 month term. Hence all you owe them is £19.99 each.   Write a letter to Harlands, each of you :- 1. Offering to pay the £19.99 for the notice period you failed to give 2. Offer valid for 14 days only. 3. Offer withdrawn if they fail to accept, or if they demand any higher amount.   Post a draft of your letter here first so we can check it.    Letter(s) should be sent from the PO and get a free Certificate of Posting from the PO Counter.  
    • King I fully understand the mother was living there on her own and only one named on the tenancy agreement.   As for your comment that after informed of the passing in a few days they pack tenants belongings and store them and change the locks this I completely disagree with.   In my are the different HA (and there are many) in a scenario like this will:   Communicate with the executor/family member once informed of bereavement informing them of any succession rights, property to be handed back ( 28 days on being informed of above) if unable to must notify the HA to ask for an extension.   After the 28 days if no contact the HA will then follow its Abandonment Policy.   If contact made after 28 days and no extension has been granted HA will then go to court to claim property back.   Once this is done and no contact off to court to claim property back only then will the enter the property unless in an emergency or legally required i.e. gas safety inspection even then may need to go to court for that to get access.      
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surrey_36

Welcome Finance secured loan - now sold to coast

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Hi, have just sent you a message. If Postggj is around could anyone let him know that his help on this thread would be much appreciated!

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Just having a read over your thead to see if I can help.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have flagged your thread up for site team attention and I will send out a couple of S.O.S messages as well.

 

I have to be honest, I am not sure what exactly you should be looking for in your SAR bumff either..

 

I know it is easier said than done, but try not to worry.. someone WILL look in on you. :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you CitizenB that is really great - thanks for your help :-)

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Hi Surrey,

 

First of all dont let Welcome get you all worked up. They are very good at harassing people, especially when they think the person they are harassing will just take it all on.

 

I can assure you, once you stand up and fight back, they very quickly change their approach.

 

I too am dealing with Welcome.

 

I know exactly the feelings you are going through. I have done quite alot of research and have (with the help of other CAGers) been able to get myself on a firm footing against them.

 

I currently have a claim against them for many of the dodgey dealings in my loan agreement.

 

That being said, the most important thing for you to remember is that neither Welcome, Lewis Group

or any of the other clowns you may have to deal with have any power over you whatsoever.

 

As long as you know what to expect, know how to defend yourself,

and are sure that you are doing what you are able to do (financially) to settle the debt you have nothing to fear or worry over.

If...and only if..

.it ever gets to court, only a Judge can tell you what to pay.

 

You will find more often than not, a Judge will only require you to pay what you can afford, and this is often much less than Welcome would ever want to agree to.

 

I will help you with some letters or anything else I can to get you some breathing space.

 

I have read your thread from the beginning.

 

Can you tell me where things are at the moment?

 

Are you getting any phone calls?

 

Is it the final demand from Lewis that has you worried?


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

 

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hi Mr Z thank you i thinki

 

i have read some of your posts befre

- i have read through tons and tons of welcome stuff on here and found some really useful info.

 

the current situation is that since i started disputing the agreement,

which was originally illegibility around about a year ago,

i have not heard much from them, apart from copy agreements,

 

then recently i had the letter from lewis with the final demand,

 

which as the loan is secured -is worrying me yep.

 

No phone calls or any other communication at all (apart from the sar that they sent recorded delivery after my sar request.)

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OK. Well as you may know, Lewis are owned by Cattle's Group, as are Welcome.

So you are dealing with the same lot essentially.

They can demand until they are blue in the face.

 

There is a reason they haven't had you to court yet.

Your SAR may well tell you or give you clues as to what that reason is.

However before sending you on an expedition to look for clues

...in an ideal world,

what would you like to have happen with this loan?

 

Forget the unenforceable argument.

This is really only useful now as part of a defense.

It doesn't appear that you have had PPI or any of the other dodgey fees or charges added to the loan.

Thats very odd for a Welcome loan.

 

In your SAR have they included any paperwork for the legal charge?

If so was it properly executed?

Have you verified via the land registry that a charge actually exists?

 

I wont give you false hopes, but in my case my secured loan is not secured because Welcome have removed the charge in an admin error.

 

Is a monthly payment toward the loan an option?

Have you made an offer of a monthly payment?

 

Assuming you can afford to pay something,

this may be something to consider.

 

Meanwhile you should remember that Welcome can supply you with a recon copy in response to your CCA request.

The request is for information only.

 

In order to enforce through the court, they would need the legible original.

You have plenty of arguments there.

 

I think if you can determine what the desired end result is,

you can then get advice as to how to best get you the desired result.

 

Worst case scenario, if....and a big if, it ever went to court,

the court would ask for your income and expenditure,

and based on that, would make a determination as to how much should be paid monthly.

 

In another case I had a debt and offered to pay 150.00/month to the creditor to avoid court.

The creditor would not accept my offer. W

 

hen it finally got to court the Judge order my payment of 50.00/month.

 

The judge realised I was only offering as much as I was to appease the creditor.

The creditor wasn't happy to say the least, but thats tough! :)

 

At the end of the day, only you can know what you can afford to pay toward the debt.

 

If they want to waste their time and money to take you to court, then let them.

 

The court will see you as paying what you can afford, and see them as being unreasonable.

 

The court certainly wont allow them to take your home, especially if your Mortgage is all current and not at risk.

 

EDIT: I thought I should add that the above comments are not your only options.

I was trying to illustrate that even in a worst case scenario, you would never have to pay more than you can afford.

 

There may well be many other options open to you, but more information will be required in order to determine what those options might be.

 

I hope I havent confused it for you :)

Edited by MrZ
  • Haha 1

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

 

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hello MrZ & very very big thank you for your help and time.

I didnt know that Lewis were part of cattles but had read somewhere that they were the same company and so was worried by contacting them i would be faced by the same people/attitude - and so very relieved i did not contact them.

 

In answer to your question what do i want from the loan, well you may have gathered from previous posts im desperately trying to find something wrong wiht the loan which I was hoping would result in unenforceability - i have read through lots of other threads where mistakes were made ion their agreements which resulted in peoples agreements being illegal and was really hoping this would be the case with me.

 

I did a land registry search which i think cost around £20.00 to find out if the loan had a second charge and to my disspointment found that welcome are most definately on there.

 

I could offer a monthly payment albeit a small one - but i did this with them before and they told me i would lose my everything if i did not pay more and that the amount i offered would be acceptable only for a month or two.

 

I am really quite relieved to read the information you have given me, and it makes me angry to think of all the lies they told me before about being homeless in a matter of a few months if i didnt get up to date with payments. I almost feel that I would like to court to be able to tell the judge that they never made it clear to me that i would be repaying £52k rather than the £30k that it appears to be on the agreement and to tell the judge all the lies they told me, but then i guess without any proof of this - then none of this infor would do any good.

 

It is very very good to know that should this go to court that i would be likely to be able to agree an affordable repayment and not lose my home, what a relief that is to hear :-)

 

you definately have not confused me but told me things i have been trawling the internet to find out so thank you and I hope i have answered your question enough to see what you think would be the best foot forward for me, Thanks again for all your help!!

Edited by citizenB
Just popped some spacing in to make reading easier :)

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I'm glad you are feeling better about things. You certainly shouldn't worry about being made homeless. Thats about as likely as polka dotted pigs flying over the frozen lakes of hell :)

 

You may well have reasons to argue the loan was not executed properly. However even if you had very good evidence of it, its not something you would want to initiate. Its unlikely to be successful and would probably be seen as debt avoidance.

 

Its important you do a realistic budget and work out what you can really afford to pay. Once you have done that, then you make an offer of repayment. Don't be bullied into offering more than you can afford. If what you can afford is for example 100.00 per month then offer that and not a penny more. Whatever you do just make sure that what you offer is what you can really afford. Once they accept a payment offer, should you miss payments or not keep to it, they will be much more likely to try to take you to court. Here is a link to a fee remissions form used by the court.

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_1010.pdf

I give it to you for information only. One page 9 and 10 it shows you how the court goes about working out what your disposable income is. In the unlikely event you end up in court, you can work out how the court might determine what you can afford. Its not set in stone and the court would also consider any other debts or creditors you are paying.

 

Aside from doing this alone, you can contact citizens advice bureau or consumer credit counselling service. Either one would go over your finances with you and help you come up with a reasonable payment plan. Both are free services. If you wish you could also ask them to contact Welcome on your behalf. Of course you can do this all on your own as well. Also don't forget to ask them to freeze interest as well. They may agree to do it pending review in say 3 or six months, but they should be cooperative. Keep copies of all letters and anything you send them, send recorded delivery and keep proof of postage. If ever it ends up in court you will want to show your efforts and their unreasonable behaviour and attitude.

 

Meanwhile, once you have done that, you can begin to go through your SAR response. Anything you find that doesn't look right or any other anomalies you can post here in your thread. You may find something useful, you may not. Either way you will be back in control. Let the scream and jump and toss their toys out of the pram, its of no matter to you. :)

 

There is also a good budget worksheet in the template library that can help you work out your budget and payment plan.

 

If you need help just ask and I will be happy to help where I can or at least point you in the right direction.


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

 

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hello MrZ and thanks again.. :-)

What do you know yesterday in the post came a yellow card - all it said on it was "Please telephone 0870 751 3020 - it is VERY IMPPORTANT" in EXTREMELY small print at the bottom is 'The Lewis Group. A very sneeky way of getting me to call them!! (which no way i did or will do) In addition to this i have also received (in a seperate envelope) a letter from Howard Cohen Solicitors - not heard from these people before. It states that i need to make payment of the outstanding balance within 7 days to avoid further action.

 

So reading your reply above you suggest i need to work out an affordable repayment figure and contact them, I guess i contact Howard Cohen and not Lewis or do you think i contact both. In your knowledge is it bascially a case of putting something in writing stating my hardship, providing income/expenditure and letting them know what i can afford. Do I mention anything about the lies they told me about taking my house (and suggesting they pick me up and taking me to the cash point to get all my money out, and telling me i could not go bankrupt) previously and how this scared me off from speaking to them do you think.

 

I dont suppose there is a template letter for offer of a repayment arrangement that you know of?

 

Things are tough at the moment and money incredibly tight, on arrangements with creditors and with baby due any day now, its difficult to work out how much i will be able to afford although it will proabbly be about £50 a month. Which id imagine - going on previous experience with them - they will probably laugh at. But the total amount i owe them is around £19k - in your exerprience would aloan company ever look at reducing the total amount repayable as a full and final. A t the moment i ahve no way of of offering a full and final but otherwise i will be paying this loan off for the rest of my life it would seem.

 

thnaks MrZ your advice has been really appreciated more than you could know thank you

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Hi Surrey,

 

Howard Cohen and Co are also part of the Cattle's group. At the moment at least it seems they are keen to keep everything "in house". Howard Cohen are known for taking court action very quickly. They hope they will get a default judgment. In other words if they take you to court they count on you not defending. However if they did start proceedings, I would certainly suggest you defend. You can cross that bridge if or when the time arises.

 

As far as your approach goes, you only need tell them that you are able to pay X per month. They can laugh all they want. You can write a very basic letter (its none of their business to know all your personal or private details). You tell them that you can afford to pay £xx per month commencing on whatever date by standing order. Don't do a direct debit as you have no control over this. Even if they decline the offer or say they want more, don't let them bully you. Stick to the amount you proposed and not a penny more. Then set up the payment and make the payment. Make it every month. If and when if ever gets to court, you will be seen as doing what you can afford, they will be seen as being uncooperative.

 

If they wont give you standing order details or refuse to take payment at the amount you offer, you will simply write them a letter and send it recorded delivery. Your letter will say something along the lines of "I am disappointed at your refusal to accept my payments of £x per month." This way you will have a written record of whats going on. Do not ring them and entertain them on the phone.

 

There are letter templates in the library. Take a look around there are a few that you could use but taking the bits that apply to you. I can also help you edit or amend a letter if you need help.

 

Personally I would send a copy of your letter to both Lewis and Cohen. They are all part of th same group, but by sending the letter to both, neither can deny knowledge or receipt. They may ask you for bank statements or an income and expenditure worksheet. You should know that you are NOT obliged to give them either one. In my opinion though, it doesn't hurt to give them an Income and Expenditure, especially if it will show that you are paying other debts or creditors. But be aware that if they see one creditor getting say 200.00/month and they are only getting 50/month they might give you a hard time. You can always send the letter without it and wait for them to ask. Then you can decide whether or not you wish to provide it.

 

As far as the lies and all the other things, you should not mention any of it. If and when they start court action, you can use those things as part of your defence. Until then, keep it under your hat. I say if and when thy take you to court. Don't be afraid of this. It cant hurt you to go to court. It will cost them, not you. If anything the court will make an official order of what you can afford to pay. And as I said it will be fair and what you can afford. The court wont bully you. I personally would almost invite them to take me to court. Understanding that until such time payments need to be made based on what can be afforded.

 

Chances are if you follow the above, that if they start proceedings, then once you file a defence, they will likely withdraw and accept your offer of payment. The important thing to keep in your mind is that you are the one in control. Even if they start proceedings, you will expect it and you still have options.

 

So to summarise:

Work out your budget

Draft a letter offering a payment amount

Send copies to both via recorded delivery

Make payment based on your offer whether they refuse or accept the offer

Write a followup letter confirming your offer and payments made accordingly

Keep notes/records of everything and wait to see what their next move is

Put them all, Welcome/Lewis/Cohen out of mind and then....

Relax and wait for the happy new addition to your family!!!


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

 

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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hi MrZ

- I have done exactly as advised and done a basic offer letter which will be in the post to howard cohen and lewis recorded delivery shortly

- do feel relieved that this is in hand

- thanks to you and the time you have taken to give me this advice.

 

Will just wait to see what they come back and say and will be sure to keep you posted.

 

I have made a copies and well organised with everything filed.

 

In the meantime I can like you say feel little less stressed worrying about it and hope that new addition arrives soon! VERY BIG THANK YOU :-)

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No worries Surrey,

 

I am happy to help when I can. Dont stress at all and enjoy this time with your family.

 

 

 

Also I forgot to mention, there is a way to make payment without having to speak to Welcome staff, and you can make it for any amount you choose. Call the Welcome automated payment number here: http://www.wfs.co.uk/payment/payment.html. Just follow the prompts. Takes about 3 minutes.

Edited by MrZ

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

 

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hi Surrey, such sound advice from Mr Z! Brilliant! Good Luck! (have just PM'd you), Pru

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Hello Mr Z !

I have had a response from the Lewis group - they have said that to enable them to consider my offer of settlement (£50 p/w) they require details of my normal weekly/monthly expendtiure - toegether with documentary evidence of my income. Without this information by return of post, 'should we not hear from you', we shall have no alternative but to proceed further in this matter.

 

The problem I have with the whole income/expenditure thing is that since our family business went down the pan a couple of years ago

i have been struggling to scrape a living together by selling on ebay.

i have just paid myself what i can/when i can which often is barely enough.

 

The trouble is that some months i can pay myself more and some months are diabolical its a constant juggling game.

So my income expenditures are never accurant becuase i dont have a guarunteed income.

 

The fact of the matter is that if I was to give them my income expend for this year then i would have to do it on a month by month basis

and this would take me hours to document out

- together with the evidence they want to back it up!

 

I dont pay myself a lump sum - if i have sold a few items then i transfer across a couple of hundred quid and pay some bills with it.

As a result this way of trading has got me in a terrible mess with my personal tax and im waiting for a nasty bill to come through the door any day about that.

 

I wonder if you could give me your advice

- should i go back to them and bascially say what i have said above,

a genuine expenditure would probably highlight that i cannot afford the £50.00 i have offered.

OR should i say that they can accept it or take me to court.

 

In addition im due to have a baby any day (1 week overdue now!) and my expenses will obvioulsy get worse soon.

Although i dont want the stress of court and again worried about how i explain my income/expenditure to them

but quite keen to let the court know how welcome treated me and the lies they told me etc! I

 

know in a previous post you mentioned that you would be swayed towards letting them go the court route.

 

Another issue with this that worries me is that i have another loan that i took out for our family business before it went pop

- that my family are all clubbing together to pay

- i dont have to pay anything towards it.

 

Its another secured loan - so if Welcome knew about this they would want to know why this one is getting paid in full and they are only offred £50.00

- but the fact of the matter is that technically the loan is not mine and not been repaid by me

- but obvioulsy i appreciatge that this is not whats in writing!

 

Many many thanks fo ryour help and advice!!!! :)

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Hi

 

Quite simply, they do not have ay right to see your I & E. Do not even consider sending them this personal information. Only a Judge can order this.

 

Pay them what you can afford, even if that is only £1. You are in control of this, not them.

 

And on a happier note.....Best Wishes for your forthcoming Event

 

ims


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You dont have to show them anything.

They can ask for it but its up to you as to what you decide to give.

 

Sometimes its recommended that you give an I&E at the request of the creditor, because this shows you are being reasonable and showing your grounds for asking a reduced payment.

 

There is another option to acheive the same result without having to give them I&E.

You can speak to your CAB, CCCS, or similar. T

 

hey can go over the details of your I&E and determine what you can afford/offer to pay to your creditors.

 

They will then send you the details in the post.

 

This becomes your basis for an offer.

 

You can write to the creditor and state that you have sought the advice of CCCS and they have determined that you can afford to pay xx.xx, if anything.

 

They may ask you for a copy of the report, it your choice what you give them.

 

This of course assumes you admit to owing the debt. :)

 

ims is right. The thing to bear in mind is its your choice what you give them. And dont be pressured into offering more than you can afford.

 

If you are unsure, speak to CAB or CCCS. Its free and takes less than 30 minutes if you have all your figures handy.

 

You may well find they tell you that you cant afford to pay more than £1 as a token.

They will advise of your options etc.

Take what they say with a grain of salt.

 

The idea is to get a neutral 3rd party opinion on what you can afford.

This would be seen as you trying to reach an agreement should they decide to take court action.

Either way you decide what you will pay.

 

There is also the option of writing back to say that you are disappointed they have rejected your offer.

No need to even respond to their request for more docs, then just make the payments that you can afford or some token payment.

Edited by dx100uk
merge

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

 

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Sound and accurate advice from Mr Z and ims, surrey :)


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Thank you Mr Z , Citizen and Ims for your advie for which i am as always very grateful.

 

I&E is so difficult for me to do as I dont have a guarunteed income, my income would be a 'guestimate'

and with summer holidays on the way income will be less for next couple of months as well.

some months i may be able to pay myself more sometimes its terrible

and i have to borrow from family to cover arrangements.

Its a juggling act but this makes making an I&E very difficult.

 

MrZ you mentioned in a previous post that I could look through the SAR for anything that might be incorrect

- i dont suppose you could let me know what sort of thing i should be looking for?

 

I think I would be happy to go back to Welcome and say i can only offer £50 p/month

and explain why supplying I&E is difficult for me and if this is not acceptable suggest they take me to court,

 

id just be interested to see what the court had to say about the whole thing

- in terms of the lies they told me, the bullying, the bad copy agreement,

the cooling off period being too short, t

he TAP not being shown on the agreememnt,

the recon copy of the agreement showing figures in different places to that of the original (I.e broker fee).

 

Do you think that maybe this is the route i should push them for? :???:

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If you will find it difficult to prepare an I&E on your own, call CCCS.

They do this everyday.

 

I suspect they will tell you, that since your ebay income is not regular or dependable, then it cant be included as part the budget. If anything,

they may use a conservative monthly average.

 

But even if you choose not to do that, you should make an offer that you feel comfortable that you can maintain,

and then stick to it. If £10 is more relaistic than £50, then that should be your offer. If they dont like it, they really only have 3 options.

1. Sell it on to someone else to collect,

2. Do nothing and accept your payments, or

3. Take you to court.

 

As far as the SAR, you are looking for things that "don't add up".

Essentially look at any charges they have applied.

Try to reference those against letters you received or phone calls made.

 

Look at copies of arrears letters if any.

Check the dates and amounts.

Look for things out of the ordinary.

It may be that there isnt much more than you already know.

or it may be that there are obvious anomalies.

 

Its likely that anything you find wont be of much use to you on its own merit,

but it may become very useful as part of the bigger picture in the event they take you to court and you have to defend.

 

I would concentrate on finalising your offer to repay,

and plans to make that payment.

 

And as time goes on and you have the luxury of free time

(I'm sure the baby will give you loads of free time), you can trawl through the SAR.

Edited by MrZ

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

 

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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:lol:well 15 months later and Ive finally had a chance to trawl through the SAR ! Wow babies really do take ALL your time!

I am 'welcomefused! with the infor that i have found which is basically this;

 

 

1 almost illegeable Credit Agreement says ‘Total amount ofcredit : £15,000.00’

 

1 Reconstituted copy of the agreementstates ‘Total amount of credit £16,500.00’

 

1 Secured Loan statement says ‘Amount ofcredit provided £16,735.00’

 

1 Statement of price states 'Amount of credit/cash advance £15,000.00'

 

I have located the amount actually receivedin my bank which was £15,094.25. Which is obviously none of the above figures.

 

Any advice? Thank you cag experts!

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so are you paying anything?

 

dx


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Hi dx, yes i am currently on a payment arrangement which im surprised they accepted of £10 a month

 

Any advice? Thank you CAGlink31.gif experts!

Edited by dx100uk
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