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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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DavieF

old welcome secured loan - sigma/exprto/lowell - Confused - who owns my secured loan now?

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Assuming I just write again then quoting that I contacted them by phone and they seemed to have no issue finding my account?

 

Do I need to issue a complaint to ico as well?

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what date is on the charge from the deeds please?


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It's Feb 2007.

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which is the starting date of the statement in the sar

so what info are you missing?

 

there is no indication I was a refinance on the agreement

so why do you think you have data missing from welcome?


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I'm confused dx, I don't think welcome have missed any data. They haven't provided me with any data since I sent the initial SAR.

 

The lowells statements begin from when they took the loan over, there doesn't appear to be information missing from their SAR.

 

Apologies if I'm not grasping this!

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you keep indicate 'something' before the Lowell statements

but they show initial balance at the start of the loan

so you must be mistaken?


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Ah ok, The Lowells statement only start six years ago or so and record the balance from that date going forward.

 

 

I haven't received anything from WF to cover the period prior to Lowells (other than the information I already had on file from years ago).

 

Apologies for the confusion.

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the agreement was feb 2007

the statements start feb 2007

the charge is from feb 2007

 

so are you saying you had a loan before this one?

im really trying to workout what info you think you are missing?


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There's a period between 2011 where the WF info ends and 2013 when lowells started, where I don't have any information, I don't suppose it's a massive period of time in the grand scheme of things.

 

I was just working on the assumption there might be a load of charges in that period since its the period prior to it getting transferred over to the dca.

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that's true.

 

so write to welcome

ref the SAR of XX date

ref the phone call

 

ref you want statement from nov 2010 going forward.

 

give them 14 days to reply

else you'll open a complaint with the ICO


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Great thanks dx, sorry for confusion. I'll get that done and wait with baited breath for their next response......

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Hi all and happy new year!

 

I just wanted to give an update on the situation with WF just in case anyone is in a similar situation.

 

I finally received my SAR from WF which had all my paperwork covering all the relevant years.

I then drafted a complaint to them with a list of all the things I wanted answers too.

I have now had a response from them.

 

Here are a few of the things from my complaint that were interesting reading:

 

I asked who Blue Sky and SLS were and what fees were paid to them

- they confirmed these were brokers but no fees had been charged

(I find this hard to believe, brokers working for free?!?)

 

I asked for a legible copy of my loan agreement as the one provided is barely legible

- they enlarged the blurred copy and sent it back (funnily enough, I still cant read it)

 

I asked for an explanation of the harassment I had received at my work and home from WF employees,

in particular I asked about two incidents where they spoke to a neighbour and my mother about my financial difficulties as neither of these incidents were recorded on their communications log

- they apologised for the harassment and said they could not see any such incidents on the communications log

(they are not on the communication log hence my reason for asking!!!:-x)

 

I asked why our house value had been significantly overstated by them.

We gave them an estimated house value and they have overstated it to show an LTV of 81%, had they used our figures the LTV would have been over 100%.

There was no equity in the property, we had just purchased it via 110% NR mortgage which WF were aware.

I assume if they had used our value the loan would not have been approved?

 

WF responded by saying the house value and equity is irrelevant and the loan was approved based purely on our income

- I'm not sure I understand this, it was a secured loan

- is the equity not what the loan is secured against?

if it had been based purely on income should it not have been a personal loan?

 

Some other things that cropped up were,

we were offered no advice whatsoever on the risks at the time of taking out the loan,

no cooling off period or cancellation notice were provided,

no default notices were ever issued (they have now provided these),

I also asked for a copy of the terms and conditions of the loan as I want to see if the balance can be transferred to a new property but they haven't been able to provide these either.

 

I have issues with the balance of the loan too,

the initial loan was 13k,

I have paid 13k now and the remaining balance is around 12k,

however, the interest was frozen around 10 years ago so I'm not understanding how there can still be 12k left to pay.

I am continuing to pay this though albeit slowly!

 

My next step is to take it to the financial ombudsman and hopefully get a more satisfactory response from them.

 

I will update with any success.

 

 

DF

Edited by dx100uk
spacing

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your statements should detail why you still owe £12k...charges, fees, PPI or WHY?


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Hi all, I just wanted to send a quick update on my position with welcome finance and possibly get advice on the next step. 

 

I have a complaint in with the fso regarding welcome, I haven't had any outcome yet but did get an email stating they were still waiting on information from welcome. 

 

Anyway today in the post, I had a letter from the dca, lowells offering a whopping 60% discount if I settle before May 7.

 

Now I've asked for full and final settlement before and been told not a chance so why now? Are welcome panicking or am I wishful thinking? 

 

I don't have any funds to pay it anyway so I can't do anything. Should I acknowledge the letter or ignore it until I get a response from the fso? 

 

Thanks in advance 

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oh dear Lowell realise they have a lemon on their hands then finally!.

 

 


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OK I had got my hopes up there too but I've just checked my email and there's a response from the adjudicator dealing with my case at fso.

 

So he says when welcome got into financial difficulty some years ago, they became protected by "the scheme" meaning customers can't raise claims, he says he believes we weren't advised of this at the time and sympathises but cannot uphold the complaint on the basis welcome are covered by the scheme.  This seems really unfair to me since I'd never heard of this scheme until recently. 

 

He did say we could get someone to look into this further for us. 

 

I'm not sure where to go with this now. We can't afford to pay the reduced settlement.  

 

Should we ask the fso to look into agsin or is it pointless? 

 

Or should I start communicating with lowells to get something lower? 

 

Im struggling to figure out why they're now offering this discount if the complaint can't be upheld. 

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you don't need to  rush into anything.

 

one outstanding question I cant see answered having reviewed the thread is this:

is this a joint loan that is secured on your current property

and

is the property jointly owed too?

 

next.

you have all the info regarding all the statements to date now, I notice earlier £100's of charges , did you ever quantify those in our spreadsheet?

ok under the scheme you'll never get them back.

you like 10000 of others now have your hands tied somewhere by the waiver the FCA gave welcome finance [well the cattles group] when welcome collapsed

 

but it could well produce a bigger stick to bash lowells with.

as for appealing to the FOS again or taking it to the ombudsman himself rather than what the adjudicator says alone, I don't think you'll get anywhere sadly.


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It is a joint loan on a jointly owned property. 

 

We plan to sell next year but paying welcome the full amount would eat massively into our deposit. 

 

I'd be happy to pay the reduced settlement on sale but would they agree to that? It's still a year away.  if they get wind of a sale they'll want the full amount?

 

The 100s of charges were detailed in my complaint to fso. Is it something to possibly write to lowells about? Say I'd settle for the 60% reduction minus all the charges? 

 

I'm so annoyed with the fso outcome but the 60% reduction is at least a massive step forward so something positive to work on at least 

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sadly rarely do the FOS side with the customer on charges

 

why not do the CISHEET

lets see what figure all the unlawful charges gander?

 

the issue here is though will lowells remove the charge upon settlement?
 


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Thanks ill do the spreadsheet and let you know the outcome. 

 

Should I write to lowells and say I can't afford this at this time and see what they say? 

 

Are they known for not removing charges? I had assumed if you settled even a reduced amount the charge would be removed? Is this not the case? 

 

I feel so stuck now since the fso won't help. 

 

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I don't think ive ever seen any lowells thread where they've inherited a charge and what they do about it.

i'd have to go look

or you can..

use the custom google search top right


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Thsnks dx, I'll have a nose myself. 

 

If I I can figure out where to conjure up 4.5k to pay the reduced settlement, there's no way I'd pay it without written confirmation from them that they'd remove the charge. 

 

I wonder, should I send them a letter just now saying I am trying to come up with funds to agree a reduced settlement but could they confirm in the meantime that the charge would be removed? Least that way I'd have confirmation before proceeding? 

Edited by DavieF
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the issue I see is the charge is not in their name

its easy for them to get it changed mind

vbut I certainly would never go pay any fleecing DCA anything before you get everything in black and white

EXACTLY as you require things to pan out.

I would pers demand they mark the debt as settled not partial. as well.

 

just to resit things

has this never been defaulted by welcome years ago?


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Thanks dx,  I couldn't afford to pay what they are offering now anyway so no payment will be getting made.  

 

I will write to them anyway and just say that I cant afford to make a payment for that amount, however, ask them to confirm that they would remove the charge and mark the debt as fully settled if I were to settle in the future  (FYI this debt has never appeared on me or my partners credit file for some unknown reason). 

 

I defaulted with Welcome years ago and they issued default notices at the time.   

 

I cant figure out why Lowells have suddenly offered a reduced settlement when the FSO can uphold the complaint, I would of thought they'd hold out for all they can get since apparently I don't have a leg to stand on now.  Is it anything to do with them not being able to produce a legible credit agreement, if they cant enforce the loan are they just trying to get what they can?  

 

 

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FOS not FSO ...that's an orchestra!!

 

pers id not enter into pointless letter tennis yet


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