Backdoor IND CCJ/CO refinanced welcome car loan - now AEO

[danderson0581]

 

HI I am hoping for anyones help and advice before IND take me for everything I have

As we all know they take on a lot of debt mainly from welcome finance.

Back in 2005 I stupidly took out a car finance loan from welcome for £5000.

after about 4 months i lost my job and was unable to pay the loan.

They advised me that they will take the car and sell at auction to pay off the debt and restructure what was left over.

this happened and what a surprise they said they only made £1000 for the car.

After a couple of years of going back and forth I caved in and met representatives of Welcome finance at their office where they said that the only way to sort this was to take out a refinancing loan which was for £10,400 because of charges etc!

They knew i could not afford this loan and i was honest with them to which their response was "it's unsecured so it doesn't matter if you pay it or not" 

12 Years later (i didn't pay this loan as i couldn't at the time then i was CCJ'd) the debt is now with IND LTD who are hard work.

They now say i  owe £14,461.66 and this figure keeps rising every time they go to court for something

in the last 6 months they have

Put a charge order on the house

summoned me to court to give all income and expenditure including my partners (i offered reasonable repayment based on my afford ability)

Have accused me of fudging my income and expenditure (i provided 6 months of bank statements from My account Joint account and Partners account)

Now are seeking attachment of earnings.

I have offered them £7000 in full and final settlement (Offered to me by parents) which they have declined and are seeking full amount.

My worry is that if the payments on my attachment of earnings is still not to their liking because they have a charge order they can force us to sell the property.

the questions i have are (clutching at straws) is the debt unenforceable based on my affordability checks from welcome finance and the fact i was honest that i can not pay it and was forced to take it out.

Are IND acting within the law threatening prison etc.

I do owe money i admit but not £14,461.66 almost 10k of that is charges and interest from the previous loan. 

At the moment i am looking at ways to pay the full amount long term loan etc one way would be to re mortgage the house but as they have a charge order on there that is now going to be difficult

Thanks for reading. any advice is welcome

 

Dan

 

 

 

 

 

 

[ericsbrother]

so when was the first time you were taken to court and  when have they been to court since?

If you had defended the initial court claim it would have most likely been statute barred and you wouldnt owe a penny and that still may be the case as once a debt is SB that is that so you may have grounds to have all of the other things set aside.

[AndyOrch]

If you have a copy of the agreement...check for " Post Judgment Interest " within the terms and conditions.If you have not got a copy...request one using a section 79 request (CCA Request).

Was the loan a personal loan or HP?

Andy

[danderson0581]

Thank you for the replies

I was ccj'd in 2014 but was not aware of this as they sent the information to an old address.

I tried to get this set aside but a solicitor told me that it was up to me to inform IND of my address change so it is highly unlikely that it will be set aside and i would be allowed to defend the claim.

The first time i went to court was on Jan 24th.

That was just for information from me. income and expenditure which i freely gave.

There have been no court appearances previous.

The only thing was an interim charge order on the house which is now a full charge order because again of duff information received from a "free solicitor"

I have copies with me of the loan agreement i will check and get back to you. The first loan was HP and the refinance loan was personal designed to pay off the HP.

I have checked my signed loan agreement and there is nothing that mentions "Post Judgment Interest" anywhere

Also there are a lot of extra things ticked like PPI, Lifecare 24, Personal Accident Plan, Homecare 24.

I have no clue what theres are and what i signed for?

 

Thanks

[dx100uk]

How did you refinance over the phone?ever sign anything?

looks like youve heaps of stuff to reclaim too

[danderson0581]

I went to their office.

Very weird situation.

3 people sat around a table and me telling me i have to refinance it is the only way to sort the first loan out.

Yeah i did sign stuff but i didn't really know what i was signing to be fair i just kept getting told i have to do this. because the first loan was HP they told me i had to take a 2nd loan out.

I am not shirking my responsibility to the first loan but i feel there where a lot of errors made and i should not have been made to take out a 2nd loan.

I have just noticed as i have both agreements that i have conflicting agreements from the first loan.

One showing my loan and extras etc. but another showing a broker agreement and apr which is nowhere near what i borrowed and paid originally.

Any advice on how i deal with IND LTD as they are pretty relentless too

 

Thanks

 

 

[AndyOrch]

May help also if you have or can get a copy of the Notice of Judgment N24 or General Order

[danderson0581]

Do i ask IND or the court to send this to me?

 

 

[AndyOrch]

MCOL Northampton CCBC...the claimant would rather scratch their eyes out than send you a copy

[danderson0581]

Thank you. I will do that.

[dx100uk]

give northants bulk a ring 

ask for a copies of the above by email PDF.

dx

[danderson0581]

Guys thanks for all the advice so far

With time running our with IND jumping through hoops to get this money what can i tell them to hold this off.

Shall i just pay it and if any money is owed try and claim it.

because every time they go to court for something like charge orders, information request, attachment of earnings it puts my bill up and i don't get a say in this.

What is confusing is the form they have sent me to fill in N56 form for my income and expenditure

i have done twice already and i'm just repeating my self every time.

 

Thanks

[dx100uk]

can you scan up both the agreements please to ONE multipage PDF

read upload.

what you have here is typical welcome finance giggery

they could have done VT [you only owe upto 50%] but they didn't they didnt they used VS which meant you owed everything , then trfinance so all the extras have more int added and then had more extras added.

can I ask 2 questions.

is the home with the charge jointly owned and what you have is a restriction?

when was the last time you actually paid anything ?

what is the date of the CCJ?

thread retitled for clarity and moved to legal forum

 

[danderson0581]

The CCj was 05/11/2014

The home is jointly owned

Last time i paid something according to statements was 2009

I'm struggling to attached the pdf as the file size is too big. Is there anyway to shrink the file size?

 

[dx100uk]

what size is the file?

 

[danderson0581]

1.6mb

I'll try again when i'm home and lower the quality

 

 

[dx100uk]

please just type no need to hit quote to reply.

we currently have issues with uploading , it is being resolved.

so they got the CCJ within 6yrs.

its only a restriction so nothing you need to do about it as such.

that's why they are going for everything else to try and fleece money out of you.

I understand the point about the CCJ being served against an old address = not a lot you can do as you didn't? update welcome of a change of address? nor any of your other creditors? 

these agreements are going to be interesting I bet the outstanding is 99% reclaimable stuff too.

have you all the statements from day I till today?

whens the N56 gotta be returned?

 

[BankFodder]

12 minutes ago, danderson0581 said:

1.6mb

I'll try again when i'm home and lower the quality

 

 

Yes, since the new upgrade we are still trying to get all the settings right.

Could you please tell me a bit about the file you are trying to upload – what kind of file? If it's a PDF then how many pages? Et cetera. It will help us to refine our settings a bit – although 1.6 MB is a bit of a chunk

[danderson0581]

I have all statements for both agreements.

I have a couple more days to return the N56 of which i'm legally obliged to do so

Is it worth me just paying it all somehow and try to reclaim? just to get rid. or is there something there i can legally fight

 

 

3 minutes ago, BankFodder said:

Yes, since the new upgrade we are still trying to get all the settings right.

Could you please tell me a bit about the file you are trying to upload – what kind of file? If it's a PDF then how many pages? Et cetera. It will help us to refine our settings a bit – although 1.6 MB is a bit of a chunk

Its a pdf 3 pages of scanned documents

[danderson0581]

On another note. The CCJ ammount is incorrect as some ppi was refunded from the first original loan. could I set this aside based on that?

 

 

[dx100uk]

Possibly

Let's see all the info

Scan the lot up please everything..

I'd say pdf limit should be 15Mb for the site..jpg etc  should be 500kb

[danderson0581]

I have created a dropbox link which i will put all documents in there

 

hope this works

 

Edited March 7, 2019 by BankFodder
Attachment removed - personal details showing

[Tbirdo]

Sorry to hijack your thread, all your details are visible on that Dropbox link. 

 

[danderson0581]

thank you. i will try and upload a different way

[danderson0581]

Hi All

I'm still struggling to upload on one PDF. I will have to do them separate