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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Snupys66

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Hi

I took out a secure loan with welcome finance in 2007 for 27k

 

after making payments for about years I sent in one of them ppi template

as I was sold £5k ppi

welcome on accepting my compliant reduce the loan to £22k

 

within 3 months increased the loan to £36k saying this was due to interest charges on the account

I made several complaints but to no avail

 

I stopped making saying if push comes to shove they would take me to court

 

i moved out of that address renting it out

 

I have not being in contact with them since 2009

 

in the last 2 years they have manage to trace me and now sent me half yearly statement of the 36k I owe them

adding a £50 interest each time they have a 3rd charge on my property ,

 

I m in the processs of selling as I now have a buyer

 

how do I settle them I want pay them little or nothing as the way I being treated me

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Hi

 

took a loan out with welcome finance for 27k in 2007

making continuous payments for about 2 years

 

 

I decided to claim back my ppi using one them template

they accept my compliant and took 5k off the loan

now 22k

 

 

2months down the line the loan now goes up to 36k

I then questioned them as to why this was the case

 

they imformed me its the interest

I was very unhappy at the new state of events

I stopped paying and haven't being contact with them to this day .

 

I moved from that address and rented out the property out .

 

couple of years ago they started writing default notice to me every 6 months for £50 from their head office in Nottingham

 

the loan still remains at 36k

 

Now am in the process of selling my house and want their charge removed or settled

 

I don't want to pay their figure which I believe includes the ppi

 

they claimed to have refunded

 

how do I go about it

 

I don't want them messing up my sale

 

what do I offer them as full and final settlement

 

I read someone got away with a 30k secured loan by paying them 4K which the claim was accepted

 

any financial wizard on this site who can help?

 

I know their ppi funds with the agency run their ppi refunds has run

Edited by dx100uk
spelling formating and smileys tidied - dx

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first port of call is to send them an sar

get all the paperwork and statements.

 

have you anything?

 

was this a jointly owned property and a joint loan?

 

have you looked at what the land registry actually says with relationto the charge?

 

if it was one person only on a jointly owned property

then it can only be a restriction K

which means you don't have to settle upon sale

only inform afterwards.

 

more required info...........


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Hi the property and secure loan with welcome in my name only .

 

the only paper work I can get my hand on at the mo is the default letter welcome sent

 

their charge shows on th LR for the property .

 

ok would send them SAR .

And see what come back with it

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Would love to see those statements showing how it jumped from 22k to 36k in 2 months!! Thats astronomical, even for welcome!!


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Don't want to sound ignorant but Looking at the charge register for welcome it has no company registration number or company registered address and it states copy filed whatever that means

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Copy of the Charging Order i would assume?


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Please scan and upload redacted returns from the sar.


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Still waiting on a reply from welcome .

 

My conveyance solicitor sent welcome a settlement figure letter

 

 

he has had back a reply asking my permission to disclose info .

 

Wondering whether to give them permission to disclose or to sent them full and final settlement figure of £7k to see where that gets sighting failure to reply to my SAR ?

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did you send the sar?

 

 

dx


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Called welcome finance today chasing my SAR they tell they haven't received my request .

 

they also tell me they have no paper work on file for me

just the balance they have on the system 34k ,

 

they wanted to know what I need for ?

 

I explained ppi claim .

 

anyway I requested a settlement figure .

 

So I await their call .

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Well if they have no paper work

How the beep can they enforce the charge!!

 

Prove it welcome

Or remove it!!!


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Now written to welcome CCA request .

As they are unable provide SAR request

 

They now have 12days to reply or I believe unable to enforce agreement .

 

wonder how how I can get charge removed from LR if they don't comply with CCA request .

 

I believed they should reply to CCA request by 7th Feb fingers crossed

Edited by Snupys66

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Its not quite so straightforward snupys.

 

While they do have 12+2 to supply the CCA, they would then only be in default

Of a legal request and if they produce one some time after they can continue with any enforcement.


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Wes hoping to use their failure to comply as bargaining tool for lower settlement figure

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CCA request is irrelevant in this case as its a secured loan with a charge on your property as security from application...subject to what month in 2007 you took out the loan it may not even be covered by the CCA1974

 

Andy


We could do with some help from you.

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In response to that

I believe it as welcome are regulated by the Fca and CCA covers land also ,

 

In the mean time

I have received a statement from welcome

debt £36k

early settlement figure 36 k.

Secure loan now a mortgage

remaining term 145 months.

 

Loan was taken out in November 2007 over 7yrs

I Hope they provide me with statement showing term from onset ,

showing how the loan arrived at 36k from 22k

 

this debt has being in dispute since 2009 due to excessive charge put on account .

 

I believe they are not prepared to listen any F F offer as they can probably see the equity on the property .

 

I have being cheated enough by welcome .

No more

 

Looking through welcome statement ending 2016 Jan arrears balance 22k monthly payments £383 statement ending 2017 Jan arrears 30k interest 0% .

 

Their statement clearly states am in default under the CCA 74 so they acknowledge it ,loan taken out 2007 November

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scan up your statements please to ONE MULTIPAGE PDF.

 

have you the old agreement too?

bet its littered with insurances you can reclaim too.

 

follow the upload


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Got reply to CCA request from wWelcome (trying to up load doc)

it has my signature ,

and the terms

and loan amount

repayment figures etc

no ppi on loan

 

I know loan taken out was 27k in total with 5k on ppi and cheque received was 22k but it's dated by me in 2008 a year after I took out loan and their signature a year after 2009 mine signature,

 

and looking at the LR entry date is Nov 2007 which is the year I took out loan .

 

iS this agreement Enforceable and binding as the entry on LR contradict the credit agreement dates . ?

 

Wondering if I have any legs here help

Edited by Snupys66

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scan it up to PDF please

follow the upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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you need to scan up everything please statements the lot


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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No statement included should arrive separately as par letter

 

Ah received a statement last week but only 16/17 will post

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