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

[cruzhughes]

The claimant had made things up throughout this case and every time I’ve pulled them up and questioned them.

 

They even had to amend their POC cos dates and amounts were wrong

[shamrocker]

Ok, thanks. As I see it - if the above is correct, the court should dismiss their repo claim due to there being no arrears and you're also 19 months in front.

 

Therefore, will not not be a satisfactory outcome for you for the time being?

 

Was the WS they submitted last week to do with explaining the reason for no interest being applied, and why they're still entitled to the payments agreed from the outset - only over a shorter term?

 

Sorry again for more questions.

[cruzhughes]

Post 1249 to 1252 answers that..

 

The outcome I need is charge gone and balance sorted. At worse 18 Grand is still owed but now it’s at 0%

[cruzhughes]

But in an ideal world the balance should have been wiped out due to IR, penalties and Ppi. From first rewrite.

 

However welcome sold debt on and no one can help due to the waiver.

 

The new company are not interested in all the problems. And issued repo without checking facts and not responding to me

 

Already around 30 grand has been paid towards the loan

[shamrocker]

What exactly is "the waiver"?

 

Would you agree that the judge is unlikely to rule that the charge be deemed null and void, and thereby order that it be removed?

 

Sorry for yet more questions - just trying to narrow down the issues.

[cruzhughes]

Welcome finance entered into a scheme or arrangement

 

https://blogs.lexisnexis.co.uk/randi/how-far-reaching-are-schemes-of-arrangement-re-welcome-financial-services-ltd/

 

This is why the Fos and fca haven’t been able to help me with the debt. Normally they would but their hands are tied due to this scheme

 

The judge already told me the charge was for further advances.

 

I need the judge to see that that 257 taken out in 2006 should have been discharged on settlement. And there was no link for the further advances and welcome should have registered a new charge for Loan 984 in 2008 but they didn’t there is no doc.

 

They are using the old charge for the repo

[cruzhughes]

Ok, thanks. As I see it - if the above is correct, the court should dismiss their repo claim due to there being no arrears and you're also 19 months in front.

 

Therefore, will not not be a satisfactory outcome for you for the time being?

 

Was the WS they submitted last week to do with explaining the reason for no interest being applied, and why they're still entitled to the payments agreed from the outset - only over a shorter term?

 

Sorry again for more questions.

 

Their witness statement last week. The figures are still incorrect

[shamrocker]

Sorry to keep boring you with questions.

 

Are you determined to have the charge situation addressed by the court in the course of this claim, or are you simply using the anomaly to support your defence of their repo request?

 

Do you have any options in mind to address the charge later, should you succeed with getting the repo claim dismissed?

[shamrocker]

Their witness statement last week. The figures are still incorrect

 

Yes, I noticed that the figures look incorrect. Was saving that question for later.

[cruzhughes]

There should be no repo if the legal charge was settled? Welcomes fault they didn’t Register a new one surely

 

Going on last hearing I’m 99% sure there will be no repo in next hearing.

 

The next hearing is set for 3 hours for the judge to re numerate.

 

Judge has said throughout that I can’t use IR in a possession case. I’ve also requested that he look at the history

 

Their Figures have been wrong from day 1.

[cruzhughes]

What are you thinking can be done then?

 

There are so many problems with the previous owners.

 

The new owners are well dodgy too and they have lied all along the way. Silly things in court docs about dates they purchased the loan amounts outstanding. Contradicting themselves and changing their story time and time again

 

One would have thought their story would be water tight if they are going around issuing these claims.

 

I also believe the next hearing is going to tackle the lot.and finish it once and for all.

[cruzhughes]

I’m expecting their skeleton about the 7th June and their bundle on the 12th June.

 

Next hearing is the 15th June.

 

So not going to have much time in between there to get stuff done.

 

That’s why I’ve tried to make a start already. Not sure if I was right but my thoughts were it could be amended and added to if need be?

[shamrocker]

Personally, I think the judge will take the line that there are no arrears and may try to make an interpretation of the agreement terms to arrive at a repayment structure for you going forward. I reckon he'll deem the £18k as being owed. That's pure speculation obviously.

 

You may take the position that you're not paying another penny until certain concerns are satisfied, but who's to say how that will end up, and what effect it will have on the next hearing. You'd certainly be justified to stand firm on the charge being related to another loan - the Claimant has to prove otherwise.

 

I know your objective now is to get a skeleton argument written up for the hearing, and we'll come to that.

 

One thing I wanted to ask - have you read this document about cancelling a restriction? https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register

 

Do you think you may have a case with regards applying to have the charge/restriction removed? (once you get this claim out of the way)

[dx100uk]

lets put it this way

once those land shammy will be all over it like a fly..

 

dx

[shamrocker]

I’m expecting their skeleton about the 7th June and their bundle on the 12th June.

 

Next hearing is the 15th June.

 

So not going to have much time in between there to get stuff done.

 

That’s why I’ve tried to make a start already. Not sure if I was right but my thoughts were it could be amended and added to if need be?

 

Could you bring forward what you've done already and post it here.

[cruzhughes]

I think the only way that charge will go is by a court ordering it.

 

I haven’t paid anything for 3 years.

 

But if I still owe then there are ways of sorting that. At less per month than 231. As I am not in the position to afford that amount long term

 

The claimant hasn’t been very good on proving anything. I’ve been the one questioning them

[cruzhughes]

They are here in Post 1307 and 1312

[shamrocker]

I think the only way that charge will go is by a court ordering it.

 

I haven’t paid anything for 3 years.

 

But if I still owe then there are ways of sorting that. At less per month than 231. As I am not in the position to afford that amount long term

 

Going off subject a minute - who acts for WF in the event that a charge is contested? The charge is owned by an alias of WF, right?

[cruzhughes]

lets put it this way

once those land shammy will be all over it like a fly..

 

dx

 

It’s all so confusing and no straightforward though is it

[shamrocker]

It’s all so confusing and no straightforward though is it

 

Don't worry - we'll straighten it out and arrive at a plan of attack in the end. Fingers crossed!

[cruzhughes]

Going off subject a minute - who acts for WF in the event that a charge is contested? The charge is owned by an alias of WF, right?

 

 

There’s been a deed of variation. Me and about 30 odd other names and addresses on that doc. I paid for that from Lr

 

Already asked welcome to remove it and the new owners

[cruzhughes]

Dx you have real good knowledge on this saga.

 

I’m not barking up the wrong tree am I?

 

If that debt wasn’t sold straight after my disputes with welcome. I would t be in this situation now.

Would I

[shamrocker]

Ok... once you get through this claim, would it be worth a bash at applying for a cancellation yourself on the grounds that the loan it secured was paid off? It might go nowhere, but might also go somewhere. If WF didn't administer things correctly, they may have no claim to the security contained within the 2006 charge.

[cruzhughes]

I have already been in touch with the LR since 2016 and they said the only ones could do anything is the owners.

 

To be honest the LR have not been that helpful but they have clearly told me there is no charge on property in 2008.

 

But I’m fully prepared to try anything dx will tell you we’ve exhausted every avenue that we could all the way through

[cruzhughes]

Land registry email

 

entry C4 on your title relates to a charge you took out with Progressive Financial services who subsequently went into Liquidation and a portfolio of their charges (over various properties) was sold to Alpha Credit Solutions on 17 September 2016.

 

Once a charge is paid the Loan Company should apply to Land Registry to have the charge dis-charged from the title. You will need to seek Legal advice on how to have this charge removed if it has been satisfied.

 

There is no entry of a charge dated 2008 in favour of Alpha Credit on your title so they would not be entitled to repossess your property.

Yours sincerely