welcome allege son made payment

[theshuffler]

I meant i had advised him to sell it a while back ,

after mortage and living expenses he is left with about 85 quid a month ,

 

 

In my view thats not living its surviving.

 

 

He is young and fears the worst

 

 

i would just like to ease the worry on him ,

getting one up on Welcome would of made him smile .

 

 

I doubt that he would be selling his house within the 12 years now ,

he has stuck it out this long , and hopefully in a year or so s time he can switch his mortage to a lower rate .

[ODC]

Just because unWelcome are applying for a Charging Order does not necessarily mean they will get it. He should make a formal offer to pay back a nominal sum through Welcomes N.I. Solicitors bearing in mind what he has available. Had they sought to enforce the CCJ this is all the EJO would have expected. Has he been to CAB or his local MP. I have used both and found them to be excellent.

[theshuffler]

He has 8 creditors and has just posted letters to them all including welcome offering £10 a month until his situation improves , given that he only has £85 a month left , he cant offer any more than that , and im sure the courts would agree

[theshuffler]

Welcome as i expected did not respond to my sons offer of ten pounds a month ,

 

 

he has received a date to attend court on the 17th for his appeal against the charging order ,

 

 

any good letters or pointers he can use around?

 

 

I read here somewhere that you can ask to have terms attached to terms to the charging order if it is to be granted ,

 

 

not sure how this is done either,

 

 

he isnt a great speaker and i will not be in the country to help him out .

 

 

As usual any input , advice would be appreciated.

[ODC]

I take it you have had a look at the links in the CO thread about reasons not to get a CO

[theshuffler]

I have had a good look ODC and have arranged bullet points but it looks messy and not very articulate . I have read a few interesting posts where solicitors ave slipped up on procedures and had their cases thrown out , Im assuming that this appeal hearing is only to see if Wel**** can go ahead and apply for the order and that it wont be decided on tues. Most of the below apply to him .

• Where you have a number of debts, whether making a charging order in favour of one creditor would give them unfair priority over other unsecured creditors. It is particularly useful if you can show you already have a payment arrangement in place with your other creditors. This would be affected by a different arrangement being made.
  
• Whether there are any other creditors who might object to the order being made. The charging order nisi should be sent to all your other creditors. If they have not been informed of the hearing you can ask for the application to be dismissed or at least adjourned to allow creditors to be notified and make an objection if they wish.
  
• If the debt is small you can argue it would be unfair to make a charging order on your home if it is worth a lot in comparison. This is based on a case called Robinson v Bailey. ( £4,100 owed )
  
• Whether the creditor could have given you a secured loan when you first took out the loan. If they decided to give you an unsecured loan instead, this could be particularly relevant if you have other unsecured creditors who may be disadvantaged by a charging order being made.
  
• Whether there are other ways the court could enforce payment of the debt. You could ask the court to make an instalment order or an attachment of earnings order so that the instalments would come directly from your wages. This only applies if you are employed and your employment would not be at risk.
  
• .
  
• If your home is not worth as much as your mortgage (also known as "negative equity") then you can argue it is not worth a charging order being made as the creditor would not be paid off even if they forced your home to be sold.
  

You should point out any particular hardship which your family would suffer if a charging order was to lead to the sale of the home. This is particularly important if the debt is not in joint names, as it is not then your partner’s debt

[theshuffler]

This might be a saviour here if i can figure out the right way to handle it .

 

 

Have just got my hands on the loan agreement . I hope this is the pure gold i have been looking for .

 

 

On the agreement the box says

"This is a credit agreement regulated by the consumer credit act 1974 sign it only if you want to be legally bound by its terms "

Below is a series of 6 boxes . I wish to purchase

1 personal accident plan

2 lifecare 24

3 homecare 24

4 other

5 other

6 PPI

 

 

of the boxes are ticked ,

 

 

below that again is another signature box

" I understand that i am purchasing the product (s) ticked above ( nothing ticked ) on credit provided by you

and the terms relating to the credit for the product can be found above and overleaf in this agreement.

Now this is what im hoping is the saviour here .

My sons signature is in the wrong box ,

he has signed the box for extra products ( there are no boxes ticked , so he has signed for nothing

)and not put his signature on the bit that says credit agreement .

Also the terms and conditions are on a seperate page .

I thought that they had to be on one side or the other of the original agreement ?

But is that irrelevant as he hasnt signed the agreement in the proper box

[ODC]

Shuffler there is someone on here who has beaten Yes Car Credit on several occasions. I will PM him and get him to pop along.

[ODC]

In the meantime here is loads about UNwelcome Finance

 

Welcome Finance - The Consumer Forums

[theshuffler]

Cheers ODC

i dont think they have an enforceable agreement and just noticed there is no agreement number on the document either

pretty shabby for an 08 credit agreement .

 

 

Not sure what if anything i can do with this info

 

 

seeing has a ccj has already been issued .

 

 

The hearing on tues is appeal against charging order ,

i cant see how i can slip an unenforceable agreement ( if im right ) into the argument .

 

 

Thinking along the lines of asking for an adjournment then challenging the ccj.

 

 

Any ideas ?

[theshuffler]

Is there anyway i can dispute a ccj from welcome granted 26 8 09 ,

 

 

my son didnt attend the court but we now want to get the case into court,

 

 

problem is there is a charging order hearing appeal on tues .

 

 

I know there is a 21 day period to get a setaside but this is long gone.

[postggj]

hi the shuffler

 

ive been asked to drop in as car finance is my ball game

 

interested in this agreement

 

need to get moving as you have a court hearing, ime working to have it adjorned,

 

me thinks a set asside of the ccj is in order knowing welcome like i do

 

please post the agreement onto your thread asap

google photobucket to post

use the upload link for message boards with out thumbnails option to post

 

 

did you get a default notice

[theshuffler]

I have no way of copying this , unless i try a photograph .

 

 

The case is my sons and children being children he done the old ostrich thing , binned letters etc .

 

 

Will try to do photograph of the bits im talking about ,

 

 

shouldnt there be a ref number on the agreement to associate it with the account?

 

 

there is a box for it but its blank ,

 

 

will get camera now and see what i can get posted up.

 

 

Also terms and conditions on seperate sheet.

 

 

This wasnt a car loan but appreciate you dropping by.

 

 

Get back to you shortly

[cerberusalert]

If you use macro-mode on a digital camera you'll get a good piccy.

[postggj]

while you sort out the camera, tell me a bit about the ccj

did you/he get the claim form from the court

 

was there an address change or was it head in the sand

 

was the claim defended

[theshuffler]

He maintains that he had no prior notice of the court date , and the ccj was granted with 8% interest .

 

 

I have the court papers here ,

he didnt defend ,

on tues he is up to appeal against them applying for a charging order.

I had drafted this up to see how things went .

 

 

Dear Sir/Madam

I respectfully request that the appeal hearing listed for today be adjourned to a date in the future.

It is my intention to challenge Welcome Finance through this court on the debt for which the original court order was granted.

 

As I have previously stated I received no notice of court proceedings against me and subsequently was denied the opportunity to defend myself.

 

 

I will be requesting all documentation relating to this case from Welcome Finance,

as required by law they have 40 days to comply with my request.

 

 

Upon receipt of the documentation I will begin to prepare a case for a set aside of the judgement.

I believe that I have a strong case and can successfully argue this in a court of law with the required documentation.

If you cannot see your way to adjourning the case I ask that you take the following into account when you are making a decision today.

 

 

I have also attached a breakdown of my finances for your perusal

1 The loan was offered on an unsecured basis at APR @ 48.98% Annual interest rate 44.25%

why wasn’t I offered a secured loan at a much lower rate than above.

 

 

Welcome Finance secured a county judgement at 8%

if I were to pay that over 24 months the interest on the original loan would be £206

the unsecured rate totals £1,188 in interest.

 

 

Can you honestly agree that Welcome Finance had my interests at heart

when they offered me an unsecured loan over a secured one?

Now a secured loan via a charging order seems more appealing to them.

 

2 The debt contains penalty charges which have been deemed unfair. Hence the amount requested in the CJJ does not reflect the true debt .

 

3 My home is jointly owned by my wife and I whereas the debt is in my name

 

4 We have three children in the household the eldest of whom is eight the youngest being two

 

5 I had no contact with the CEO since the court case and have not been given the opportunity to make an offer of any payments through the court.

 

6 An offer was posted to Welcome but they failed to acknowledge my letter

 

7 The debt that Welcome are trying to recover is less than £5000

 

8 There is negative equity on my home, the granting of a charging order will not guarantee payment.

 

I trust that you will consider all these factors when you are making your decision

and sincerely hope that my arguments are not out of line with the courts thinking on these matters.

[theshuffler]

this is best i can do with camera , got a scanner but its ancient and get get a driver http://s900.photobucket.com/albums/ac205/shuffler_album/

[theshuffler]

Basically there are two boxes one to sign for credit agreement and one to sign for other things , ppi etc he never took any extras but signed the box for them and not the credit agreement

[kiptower]

whats the model/make of the scanner might be able to get the drivers for you

[theshuffler]

whats the model/make of the scanner might be able to get the drivers for you

Packard bell 61236 cheerz

[cerberusalert]

Have you tried the PB site Packard Bell

[theshuffler]

Yeah tried it first , no joy , think the scanner was originally built for windows 98 think Noah had one

[cerberusalert]

What operating system are you using?

[theshuffler]

What operating system are you using?

VISTA mate have tried everything i know to get it . I think the pics show what i mean , the top box says sign here if you agree to the terms and conditions the second one states that you understand that you are purchasing the products ticked above on credit referring to ppi etc

[postggj]

might i suggest your local INTERNET café or public library to post

 

i need it done pretty quick so i can give you a letter to take to court