Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***

[dx100uk]

keep going

get it all written down whilst you remember what happened

[cruzhughes]

I got a new order coming out.

 

But it’s for them not me.

 

He said I don’t have to do anything.

 

This is what I scribbled down about the new order

 

Claimant shall by 7 days before file and serve copies of all correspondence and any other records relating to interest reduction/freezing around Nov 2015

 

Claimaint shall by 7 days before file and serve a skeleton arguement in respect of the status of the credit Ppis in June 2017 with continuing all varied installments and or reduction of mortgage term.

 

Save for amendment of in relation to amendment of POC.

 

Claimant shall launch a trial bundle and serve 2 days before

 

He was about to strike claim out as so far ahead with payments so the claim was false and so was their arguement

[dx100uk]

shame he didn't read the charge properly

how can it go forward to future loans..it should have been removed if 303 proof from the claimant are not produced

[cruzhughes]

I know. But I don’t think i got the point across

 

Can I amend defence

 

Anything I can do

 

Thank you all for your help.

 

I don’t think I can cope with the pressure and stress any longer. All this has dragged on too long.

 

I think I’m going to seek further advise from solicitor.

 

Will keep you posted

Edited March 26, 2018 by dx100uk
merge

[dx100uk]

don't really think you need a sols for a repo case cruz.

 

are there not cab /free ones in the court their with other people?

there usually is.

[cruzhughes]

There hasn’t been in court all the way.

 

I’m doubting my capabilities now after today.

The repo was almost gone and then it got argued again.

But the legal charge is still there which I thought would be sorted today.

 

By the looks the debt is still in there and the charge. But lower than when we first started.

 

I’ve always been happy to pay if it need be and have a back up plan too.

 

But I really thought the legal charge case was strong and I feel as if that’s been dismissed.

 

I don’t know where else to turn you guys have been Brill but if I can’t fight my corner in hearings maybe I need extra help.

 

Not only that my girlfriend has been sorting out the paperwork side and she’s slowly losing to will to live to.

 

The judge has been good all the way too.

But it’s the uncertainty and doubts now.

And the feeling that I can’t fight my corner enough to make a difference

Edited March 26, 2018 by dx100uk
spacing

[dx100uk]

i'm doubtful even if you win the repo the charge would be removed by the judge

its not within the remit of a repo case

unless he has indicated otherwise

has it been the same judge all throughout so far?

[cruzhughes]

Yes other than the second time.

[dx100uk]

then I think he is batting for you here.

 

dx

[cruzhughes]

I believe that too.

 

That’s why he made a point to say he will make sure although he retiring the court re employ him for the day to finish this off.,

 

I almost won the repo mon. Which is a bit gutting knowing how close it was.

 

How on earth do we continue from here with regards to charge removal and money outstanding then.

 

One thing he did say was techinally I’m in front and could pay them.

But he didn’t say should or have to

[dx100uk]

if you pay a lump sum it doesn't negate the need for continued running payments no

but as theres so much wrong with everything already

i'd hope that's not realised.

still think missing 303 plays a roll

the good thing is if you bat this repo away

the rest is easy

[cruzhughes]

How do you mean easy??

 

What’s next and how do we fight.

 

How can I get in about there is no link?? Is it too late

[dx100uk]

well I know he is asking for a skeleton from the claimant but I cant see why you cant retort to it before the next hearing?

 

if they lose this repo

then they'd have a hard job in enforcing the debt IMHO

as there are no other avenues left bar repo.

 

if the judge doesn't order you to pay, i'd not be gifting payments

but I cant see it myself.

[cruzhughes]

Do you mean me put a skeleton arguement into the court. After to get theirs.

 

If so I’d be grateful for your help on that. I’ll send you something now

[cruzhughes]

Just inboxed you some docs dx. Just been having a bit of recap over old welcome stuff..

 

Not sure if relevant but I’m sure you’ll say if not

[cruzhughes]

Still not received anything from court with regards to judges orders. Will get back when I do.

[cruzhughes]

I have been going through all old docs and what I have noticed is this

 

After Every loan taken out the LR was updated with the date of new charge and year and the title register was altered. Until 2006 that loan and further ones the charge still shows as the 2006 one.

 

Surely the amendments/ variation should have been made with the LR on the last 3 loans and each year’s title register showing the charge registered on the newest loan dates

 

There are no true a certified copies of any legal charge after the one related to 257 loan in 2006

 

It states in para 8 the parties here to apply to the chief land registrar for a restriction in the following terms to be entered into the register of the owners title relating to the property.

No disposition to the registered estate by the proprietor of the registered estate is to be registered without written consent signed by the proprietor for the time being of the charge dated abovein favour of welcome finance referred to in charges register.

 

It does not say this on the title deeds

 

 

What I have come across while looking up all monies clauses is this

 

Tacking and further advances.

 

(1)After the commencement of this Act, a prior mortgagee shall have a right to make further advances to rank in priority to subsequent mortgages (whether legal or equitable)—

(a)if an arrangement has been made to that effect with the subsequent mortgagees; or

(b)if he had no notice of such subsequent mortgages at the time when the further advance was made by him; or

©whether or not he had such notice as aforesaid, where the mortgage imposes an obligation on him to make such further advances.This subsection applies whether or not the prior mortgage was made expressly for securing further advances.

(2)In relation to the making of further advances after the commencement of this Act a mortgagee shall not be deemed to have notice of a mortgage merely by reason that it was registered as a land chargeor in a local deeds registry, if it was not so registered at the [F1time when the original mortgage was created] or when the last search (if any) by or on behalf of the mortgagee was made, whichever last happened.This subsection only applies where the prior mortgage was made expressly for securing a current account or other further advances.

(3)Save in regard to the making of further advances as aforesaid, the right to tack is hereby abolished:

Provided that nothing in this Act shall affect any priority acquired before the commencement of this Act by tacking, or in respect of further advances made without notice of a subsequent incumbrance or by arrangement with the subsequent incumbrancer.

(4)This section applies to mortgages of land made before or after the commencement of this Act, but not to charges [F2on registered land] .

[cruzhughes]

And I also have completion of registration docs for application lodged by welcome from land registry for all legal charges pre 2006.

 

And welcome are showing as proprietor on these and restriction is worded as above

[cruzhughes]

Just had stuff from the court. Email you now.

court order.pdf

[dx100uk]

as expected then.

pdf above

[cruzhughes]

It doesn’t say what I wrote down in post 1252. Do you think there’ll be another order due out stating the rest?

 

What exactly does the above order mean?

[AndyOrch]

Upload unapproved at OPs request....Identifiable data still showing.

 

 

Andy

[cruzhughes]

Thank you.

 

Any advice on the new order

[AndyOrch]

It is what it is...self explanatory...they have permission to amend and rely on their amended particulars.

[cruzhughes]

Nothing else mentioned though about date of next hearing and the orders that was given In The last hearing