welcome allege son made payment

[postggj]

Remember My Question Above

 

The Agreement As It Stands Cant Be Enforced As Its Missing A Signature Bit A Court Can Enforce If All The Oerscribed Terms Are There.

 

If This Is A Reconstructed Agreement, Welcome Have No Chance

 

No Original Cca

No Debt

[postggj]

I Am Getting Very Confused And Annoyed

 

Sorry But Ive Put A Lot Of Time Into This

 

For A Start

 

The Welcome Agreement At Point Of Sale Will Be In Three Parts

One You Keep

One Welcome Keep For The Underwriters

The Last Page Gets Scanned By An Image Company Into An Archive.

 

So Why Are You Saying This Was Sent 2 Weeks Later

 

Going For A Cup Of Tea

 

IS THIS A PERSONAL OR SECURED LOAN

[theshuffler]

Ok but this is a copy of the original document , so therefore the original wasnt signed . Welcome allowed my son to saunter out the door with 2.5 k and no signature.

[postggj]

Like I Said

 

A Court Can Enforce With Out A Signature If The Perscribed Terms Are There

 

I Need To See The Agreement

 

If Just One Of The Perscribed Terms Are Missing, A Court Cant Enforce

Ime Trying To Help Bit Ime Shooting In The Dark

[theshuffler]

there is no reference number on it. if thats any help

[postggj]

Just Making A Brew

 

Back In 10

[postggj]

LOOK AT THE AGREEMENT

 

YOU NEED TO LOOK WITH EAGLE EYES AND KEEP LOOKING

 

ARE ANY OF THESE MISSING ON THE AGREEMENT

 

 

 

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

[theshuffler]

Not sure why they posted it out but thats what happened ,

regardless if terms are on the agreement or not ,

surely they have no proof he read them as he hasnt signed .

 

 

I know its frustrating but this is a photo copy of the origal doc , its all i have to go on mate.

 

 

Posts criss crossing here ,

given i dont know what the original doc look like

carbon copy 2 pages 3 pages , im not sure .

 

 

What i have here has all you mentioned on the first page

there is a second page , that might of originally been on the reverse of the first page

but is now seperate sheet headed

TERMS OF AGREEMENT REGULATED BY THE CONSUMER CEDIT ACT 1974

Edited November 15, 2009 by theshuffler

[postggj]

What Does He Say When Asked By The Judge

 

Did You Go To Welcome And Have Credit Advanced To You

 

At This Moment All I Can Say Is Send Welcome An Official Cca Request

 

Ask The Court To Adjorn The Hearing While You Wait For A Copy Of The Agreement

 

 

Any Takers On This As Ime Going Round In Circles With Out Seeing The Agreement

[theshuffler]

Depends on the judges view on the day i suppose , some are sticklers for rules.

I just need to stop them in their tracks on tues

this is what i was intending for him to handover to clerk on the day

Let me know what you think mate.

 

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

[postggj]

At This Stage I Would Fax A Copy Of Any Documentation To The Court So Its Not Sprung On The Judge

Same To Welcome

 

Dont Want To Upset The Judge Do We

[cerberusalert]

Have you tried taking a photo using 'macro mode' there should be a symbol on the dial similar to this;

[postggj]

Thanks Cerber

 

I Only Need To See The Agreement

[theshuffler]

My camera isnt that good mate , nothin like that on it

, the print is real tiny on the doc ,

be hard to improve it whatever you try.

 

 

Post do you think if i can get a fax to Welcomes solicitors that its worth hinting to them

that they dont have a signed agreement ,

maybe make them rethink their strategy .

 

 

Maybe not worth informoing the court as this is an appeal against them applying for a charging order ,

I have already submitted most of those facts to their solicitor to inform him of the grounds for appealing.

[cerberusalert]

I've tried to enhance it as best as I can;

 

[theshuffler]

Perhaps ammending it a bit on the part that debt contains charges that have been deemed unfair . Stating that any charges including the interest should be removed because they dont have a signature to state that he agreed to them . Thats bound to open a judges eyes .

[postggj]

It Makes No Difference As You Have A Ccj

 

Who Are Welcomes Sol

 

Is It Cohen

 

You Need To Get The Judge To Adjorn,

 

Tell The Judge In A Letter That You Will Be Applying To Have The Ccj Set Asside

 

 

May I Ask Why This Claim Was Not Defended Did You/he Get The Claim Form

 

Had He Changed Address

[theshuffler]

Cheerz Cerb better

[theshuffler]

He never recieved a summons ,

 

 

I have already informed their solicitor and its in that letter i have posted up

 

 

he got a letter stating that he would be taken to court at a later date but no date was specified .

 

 

He still has the letter Civil Proceedings or something .

 

 

the solicitor s are john mckee and son belfast

[postggj]

Not Getting The Summons Is A Reason To Get The Ccj Set Asside

[theshuffler]

I think we can win this one ,

the biggest problem is the wording ,

 

 

im not great on the letter front but do tend to get my point across .

 

 

What im afraid off is getting my son on the wrong side of the judge .

 

 

I want to list all my / his objections as posted earlier in a proper and fitting manner for addressing a county court judge .

 

 

Im due at work at 1 am have a ferry to catch early in the morning , so time not on my side.

[postggj]

Ill See If I Can Put A Few Words Together To Give The Judge For An Adjornment

 

You Must Fax A Copy To The Court And Welcome Sols Tomorow With Out Fail

 

Check Back Later

[theshuffler]

K cheers , will have to look up numbers and organise someone to send tomorrow

[postggj]

Have You Got The Original Date Of Judgement For The Ccj

Claim Number

Court

Amount Of Judgement

 

If You Have You Can Send Them Me By Pm

[ODC]

Lets simplify things here.

 

 

Get the charging hearing adjourned on Tuesday on the grounds that you believe the CCJ was granted wrongly

and you are seeking to have it set aside.

 

 

That will give you some breathing space in which to prepare a proper case to have the CCJ Set aside.

 

 

With the CCJ Set Aside then Welcome and their Solicitors are stuffed for their charging order.

 

Assuming you get the CO Hearing adjourned (and it would make welcomes solicitors look very bad if they refused your request)

then some of us who probably live near you will do a proper scan of the 'agreement' for POSTGGJ to give his expert opinion on

and help your son defeat these mongrels.

 

 

There are quite a few Norn Iron people on here so Im sure some of us will help with the scanning.

 

At the moment time is of the essence so its important that your son gets the case adjourned on Tuesday, by whatever means.

 

 

Personally I favour paying a solicitor to say that your son has new information which would indicate the CCJ should not have been granted.