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edwi69

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Hi all

has anyone heard of experto credite as i have recieved a letter from them today demanding full payment or to set up a suitable repayment plan for my welcome account that they cant supply a true copy of the secured loan agreement and have admitted misseling me ppi but want me to sign a new agreement and i said no as there is about 10 grand more in interest than what i rembered from the original amount,they have only sent me a reconstitued agreement as they say they dont have my original.

Please could anyone have a look and tell me what they think

regards edwi

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You should not deal with any debt collector where an account is in dispute. You have no contract with them. Is your loan from before April 6 2007. If the lender cannot provide a copy of the true agreement, or if they produce it and it is not signed by both parties (section 60/61 CCA 1974 "prescribed terms) the lender cannot pass it to a third party, enter a negative statement on a CRA data base of persue it. Section 127 precludes a court from enforcing the loan where it is not "properly executed".

 

Send back a reply to the debt collector stating you have no contract with them, that their use of your information infringes the Data Protection Act and they should return it to the lender.

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Hi there

and many thanks for your quick reply ibsys if they thought they had any right to all that they are claiming surely they would get their solicitor involved and not some debt collecting agency wouldnt they but i will get a letter of to the debt agency tonight and post what i get next

regards edwi

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This is the one I wrote for someone, incidentally, it was a credit card and it was cleared. ALSO; It appears that they may not be able to find your signature so DO NOT SIGN WITH YOUR OUN SIGNATURE-ONLY PUT YOUR FIRST NAME ON IT.

 

 

address

Dear Sir or Madam,

TO DEBT COLLECTOR

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with your client, LENDERand has been since March 1 2010, the date of termination of the service with them after one months notice. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As LENDER are now in default of the OFT Collection Guidelines, and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

A Consumer Credit Act 1974: Section 77/78 request has been issued against LENDER. As you are aware, my Consumer Credit Act request must be complied with within 14 days and if not complied with, LENDER will be in default and enforcement action is NOT permitted, under s127 precludes any Court from enforcing any action as this constitutes a complete defence at law.

Whilst the matter is in dispute, it is an offence if YOU or LENDER or any other party put a negative entry on any Credit Reference Agency data bases.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the LENDER for resolution of these defaults and breaches, as LENDER or Yourselvescannot lawfully pursue any enforcement activities.

If DEBT COLLECTOR Ltdchooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing confirming you have returned all paperwork and electronic files.

Yours faithfully

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Many thanks ibsys

thats great

regards edwi

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Hi Ed

 

I have received one from experto credite also last weekend, i have a thread about them...will find the link and post it here

 

back in a min...

 

bo2

 

Heres the link ed. http://www.consumeractiongroup.co.uk/forum/showthread.php?281256-Experto-credite-and-welcome-finance-secured-loan(1-Viewing)-nbsp

Edited by brassed-off-2

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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Hi bo2

many thanks for that if welcome cant produce the true copy then what do they think they are going to do.im not saying i dont owe them any money but im not paying that extra 10,000 interest that i know i havent seen nor signed for.

Regards edwi

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Many thanks ibsys

thats great

regards edwi

 

Beware: Banks forge signatures. if a bank/lender does not have your signature, do not give them it. When you send letters, don't do a true signature. I always sign my name with a hand writing signature off the font in the letter writing program (Word etc)

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Beware: Banks forge signatures. if a bank/lender does not have your signature, do not give them it. When you send letters, don't do a true signature. I always sign my name with a hand writing signature off the font in the letter writing program (Word etc)

 

Absolutely Ibsys, Or alternatively, as i have done on numerous occassions is sign and mark an upside down V accross our signatures with a red pen, this also seems to work.


ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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hi guys

many thanks for your info letter is in the post today and i will keep you updated

regards edwi

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Sorry to put a dampener on this. As discussed many of times on here I'm sure so of the older members will back me up on this, Welcome finance don't subscribe to the Banking code so Account in Dispute means nothing to Welscum and they can and will carry on trying to collect.


As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Sorry to put a dampener on this. As discussed many of times on here I'm sure so of the older members will back me up on this, Welcome finance don't subscribe to the Banking code so Account in Dispute means nothing to Welscum and they can and will carry on trying to collect.

 

Welcome Finance may not subscribe to the banking code but they must comply with the statute. I would also suggest that phone calls should not be accepted in these matters. Do everything in writing.

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hi all

just a quick one would the fos be able to squeeze a true cca out of the or should i inform them that they have not complied,sorry dont mean to sound dim

regards edwi

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hi all

just a quick one would the fos be able to squeeze a true cca out of the or should i inform them that they have not complied,sorry dont mean to sound dim

regards edwi

 

You don't want this CCA 77/78 to be complied with. If they cannot produce a true copy of the loan agreement, signed by both parties with all the prescribed terms on it you have no obligation to pay it. Section 127 precludes any court from enforcing it if before April 2007. It becomes unenforceable so don't chase it. Don't inform the Ombudsman they have not complied with the CCA request, they take a dim view of this as the ombudsman is actually on the banks side in most cases.

 

You have to take a different overview of this, simply...here goes:

 

CCA aside

 

The loan was created by your signature on a piece of paper. On having the loan agreement back, the lender creates a credit in an account in YOUR NAME. You write a cheque to make a purchase. A cheque is a promissory note, not money.

 

So far, there is no money. The loan has been created out of nothing. The bank then has to provide three things:

 

A legally binding contract signed by both parties.

A validation of the loan

A consideration of the contract.

 

They may have a contract... signed

They cannot validate the loan because if you don't pay them they don't suffer a loss as the credit/£££ has been created from nothing

They cannot provide a consideration (lawful) of the contract because they havn't given you anything as they have nothing to give so it becomes unenforceable.

 

This works as well!

 

 

 

I wiped my Capital One credit card by doing just the same. I now have the balance reduced to nil. No agreement o they had to accept it. I am not being persued.

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hi ibsys

cheers for that you have been very helpfull

regards edwi

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Hi all

i received another letter from experto credite today saying despite our attempts to contact you directly by letter and telephone,this matter remains unresolved blah blah blah,then they are asking me to make an offer of payment via direct debit.

 

I sent them a letter last week telling them to return to welcome as they have not complied with cca and that data protection had now been breached,

 

but the thing is welcome paid me compensation a while ago for the threatening phone calls i received a while ago and said all telephone numbers have now been removed when they sent me the cheque but obviously they have now passed them onto experto credite and they cant say we got it from the phone book as we have been ex-directory since we got our landline.surely welcome have now dug a bigger hole.

 

Any advice would be great

regards

edwi

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If you still have not had your 77/78 complied with then the loan is unenforceable.

 

When the 77/78s don't get complied with, I don't chase them.

 

Just turn the same debt collector replies round.

 

Somethimes, a "solicitors" letter comes saying "we act for (debt collector)..."

 

That letter is often printed from the same office as the debt collector just to un nerve people.

 

Still, no agreement-no requirement to pay untill it arrives

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Hi there

and many thanks for the info ibsys

regards edwi

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Something which many people do not realise is that banks can lend nine times more money than they have on deposit.

So, the loan is created only by your signature on a piece of paper.

 

The lender pays the promissory note to the seller for what item the borrower wants but the money does not exist.

This is called the "fractional reserve system" and is taught in the London School of Economics.

Look at www.youtube.com and money as debt.

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it didnt come out right

Edited by edwi69

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i have received another letter from experto credite and they say as a final option prior to any escalation

,we are prepared to offer you an instalment plan of 10 pounds per month which is free of any interest charges.

 

What do you think their game plan is

regards

edwi69

 

My first thought is you have them on the run.

They have not complied with your CCA 1974 (77/78) request and cannot provide a signature so it is still important not to sign letters but just put your name to it, even on a computer font type on your letters.

 

Still turn round the replies that you have no contract with that debt collector and bring to their attention the matter is in dispute.

Look up what I said about the CCA.

Any response should come from Welcome only.

They would not make you offers if they had a good case.

 

 

 

 

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Hi ibsys

many thanks for your reply and i will send them another copy of the account in dispute and pass it back to welcone i will send it recorded delivery again.

Regards edwi

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following with interest edwi69, I am about to dispute my secured loan as I sar'd them and they came back with an old cca.

 

wow,I see the thread was started over a year ago, not got time to read all posts, whats the summary so far

 

do you have masses of charges and a default ???

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HI danielman2

I AM STILL WAITING FOR THEM TO COMPLY WITH MY CCA REQUEST

YES I HAVE THE CHARGES AND THE DODGY DEFAULT NOTICE

REGARDS

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Hi all

not been on for a while as all is quiet,does anyone know why the welcome thread now says thread closed

regards edwi

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