Unknown 1st credit CCJ/CO welcome finance debt

[jdene]

well time for bed, main welcome thread has 1 cagger and 6 guests the 1 cagger was me, ever get the feeling your being watched hehehehe

night night all

jdene

 

essexboy

you are right She has done an SAR but they have only replyed to the CCA so far and seem to think I will be fobed off, there are a load of documents missing so another letter tomorrow.

jdene

[essexboy]

Hi Jdene

 

Good Night, Dont Get Too Paronoid

 

This Company Gives You Nightmares Enough

 

Eessexboy

 

Hi Jdene

 

Took Me Ten Months To Get My Sar And Believe Me It Is Worth The Wait

 

Good Luck

 

Essexboy

[jamesf104]

jdene, I am quoting from my experience. This is an unenforcible, non executed agreement, prescribed terms are not there, therefore the legal charge is also unexecuted. Put the account into dispute and insist that they return the security i.e. remove the legal charge. This now is an unsecured loan and should now be no threat to the home.I had a similar situation and won the point. (see CCA1974 sec 105 (5a) which goes over this, the point is executed agreement) I have now advised them that I have deleted the PPI etc because no commission and fees have been shown. (case law as shown by postggj) I await their response to my claim for a repay of payments. If you deduct the PPI etc , the MIF (MIF is a no no) and then work through payments and interest you will probably find that the debt has already been paid as I have found, paid over a year ago but the PPI and MIF added on make a huge difference.

[jdene]

Well I have recieved my offer from the FOS and welcome have offered to repay my ppi plus 8% interest and £100 compensation, but there are no figures, to confirm what the payment will be as welcome will work this out sfter I have accepted, the secret commissions have been ignored, the mysterious signature has been ignored, the unlawfull charges have been ignored the agressive collections when the account is in dispute has been ignored, all the charges and interest while the account was in dispute has been ignored, so I rang the FOS and politly told them to shove it where the sun dont shine and I want a full adjudication, after over a year of delays and excuses this is the best they can do its a joke, and even if you agree welcome warn you that it can take up to 12 weeks to finalise the offer, so its adjudication here we come, will post the letter soon to show what they call an offer cant believe you have to accept before you find out what thier figures are.

rant over for now.

jdene

 

Hi jamesf104

will be getting a letter off to them soon just want to get a few case references to put into it, but my feeling is the same as yours and they dont have a leg to stand on.

 

http://i655.photobucket.com/albums/uu271/jdene/offerletter.jpg" hope this works

 

put letter on wrong thread sorry

 

This is the sum of a years discussions with welcome by the FOS an offer with no figures or details ?

 

http://i655.photobucket.com/albums/uu271/jdene/offerletter.jpg"

http://i655.photobucket.com/albums/uu271/jdene/offerletter2.jpg"

http://i655.photobucket.com/albums/uu271/jdene/offerletter3-1.jpg"

http://i655.photobucket.com/albums/uu271/jdene/offerletter3.jpg"

http://i655.photobucket.com/albums/uu271/jdene/whereloanhascompleted.jpg"

 

7 guests maybe one of them could give me my figures.

[emmilou1]

jdene: they wouldn't give us any figures either until we said that we wanted to use the refund to clear the account...suprisingly enough they were very forthcoming with declaring the amounts when they heard that.

[jdene]

they are a joke. if they refer the account to what it would have been without the ppi the balance would be clear anyway, I did remind the FOS that the interest and charges they had applied while the dispute was running was based on the inflated figures including the ppi.

catch you friday post and you take care of your dongle.

jdene

 

emmilou1

Have rang the FOS again and told them to get welcome to produce the figures, and when they speak to them remind them I have my own copies of the figures and will be comparing them, and want back the commission paid to thier brokers plus interest plus 8% but I only want the figures for comparison and look forward to thier offer for the undisclosed commissions and the 5 other points I have raised on the unenforceable agreement.

did you get any sense out of welcome on thier agreement being incomplete?

jdene

 

any suggestions for a suitable letter for this dont have anything in my documents that cover it my own claim was for a car loan.

 

bump

[emmilou1]

sorry Jdene, not sure what you mean by the agreement being incomplete?

It'll be very interesting to see what figures they come up with for you as I couldn't make head nor tales out of the ones they gave us.

 

Like you, I calculated my own figures.

 

I used the statement of price to see how much of the monthly payment was for insurances and multiplied this by the number of payments I made to get an estimate of how much I'd paid so far for these insurances....then I added on the 8% on top...and presumed this was what i'd get back.

 

Their figures didn't match up though....according to them I had fully paid off the PPI and as a result was due more than I thought. I'm guessing the insurances are front loaded on the loan.

 

No, I did it all through welcome, they admitted mis-selling before the time limit of the complaint was up to complain to the FOS.

 

Found a few things wrong with the agreement, we had the originall agreement but requested one from them to see if they matched...they didn't. Even the signatures were different, insurances boxes had suddenly become ticked. On top of that we complained about interest on the acceptance fee, various charges on our statement, the fact that we'd tried to cancel the insurances for over a year and nothing had been done...the list goes on.

They ignored all the other complaints and only responded regarding the insurances.

 

They sent a letter saying they'd refund all the insurances + associated interest+ 8% on top...but only if we signed a new credit agreement. And no, they wouldn't give us any figures till we signed the agreement. Because we knew that the amount should be pretty much cleared after the refund, we couldn't understand why we'd have to sign a new agreement when we effectively wouldn't owe them any money if we used the refund to pay off the balance.

 

We told them we wouldn't be signing anything until we knew the current balance of our account and what this balance would reduce to if we signed the new agreement. They STILL wouldn't tell us. Eventually we just said to them that we were happy for them to apply the refund to the account if they could come up with the figures we want.

 

We got the figures through the next day, account reduced to £0 and they owe us a few hundred which they are sending by cheque.

 

I have no doubt that we had other grounds on which to pursue them but all we really wanted was to be rid of them with no money owed...which is the result we seem to be getting....and all without waiting around for the FOS which was the part we were dreading as we heard it can take up to a year.

[jdene]

any help appreciated with this please.

[42man]

jdene said:

 

Any help with this would be appreciated,

 

My daughter inlaw divorced her first husband back in 2004,

then met up with my son

and this is why I am trying to sort this for them,

 

after she divorced her first husband part of the settlement was that she pay the mortgage,

and in return he accepts only a 27% interest in the property

if it is sold approx 15k the house is only valued at around 69k.

 

Now following this

her ex got a loan defaulted on it

and it has been taken up by first credit

who in 2005 got a charging order on the house for 12k

with no notification to my daughter inlaw

who only found out by doing a cca request

to welcome who had been notified of the charge,

 

so my question is this

can first credit place a charge on the property after their debtor has left over a year earlier,

and has a reduced interest in the property and loan is solely in his name.

 

sorry for rambling but this has me stumped.

jdene

[jdene]

Well welcome have managed to get me in a position where I am now arguing with the FOS the FOS are basicly trying to get me to agree a full and final settlement from welcome for the PPI but totaly ignore everything else I have given them, like wrong signatures on agreement secret commissions, adding default with totaly wrong default notice and fees and interest all while the account is in dispute, and the offer they have made is just a method of calculating the refund they will not tell me the figures so told them and FOS I will not accept untill all complaints are answered, realy frustrated with all this messing about now.

jdene

[edwi69]

Hey Jdene

Sorry Dont Know You But What An Earth Are The Fos Doing Or Even Thinking About,as Knowing Welscum Once You Accept They Would Probaly Offer Next To Nout.i Could Be Wrong.

Regards

[jdene]

edwi69 This what I have been trying to explain to the FOS for the past two days, without seeing at least the basic figures ie. amount of insurances and amount of account if taken without the insurances, etc the interest can be applied later to meet the payment date of any refund, but they assum welcome would not do anything dishonest yet its thier dishonesty that have got them to where they have thousands of complaints, it is realy starting to resemble the twilight zone, and theres no mention at all of any of my other issues with them, do you think the FOS now have so many complaints against them they are just trying to simplyfy clearing them up and just looking at ppi issues?

jdene

[emmilou1]

I don't know if this a bit of a no-no once the FOS are involved but have you tried ringing welcome asking what the refund would be? You never know they might tell you. Unlikely, but stranger things have happened.

[jdene]

anyone there

[edwi69]

I Would Say That The Fos Are Snowed Under And Cannot Cope But This Really Dosent Help You,post Has Said He Will Be Back On Friday Hopefully He Can Point You In The Right Direction

Regards

[jdene]

Thanks for your replys I have thrown it back to the FOS for now and will wait till post gets back to see what he thinks he has helped me loads to get this far, may give welcome a ring ask them what I should do with the commission documents I have for welcome elite brokers, may make them listen,

 

Hi jamesf104

I have been looking for the case law you refered to but the welcome threads are a bit vast do you have a link to the case law you used please

jdene

 

cold anyone take a look at this for me please its my daughter inlaws secured loan with welcome need some suggestions for first letter to them following thier recent cca response usuall load of documents with some missing and a strange looking agreement, that is definately not enforceable.

http://www.consumeractiongroup.co.uk/forum/welcome-finance/228539-welcome-secured-loan-ppi.html#post2531099

[Seminole]

Whose names appear on the Land Registry record?

[jdene]

at the moment welcome finance, and halifax, but this is an old record from 2005 but we have copys of the charging order for 1St credit

[Seminole]

Sorry, not quite what I meant. Are your daughter and/ or her ex on the Land Registry record?

[42man]

If the charging order and previous CCJ were issued when he didn't live at the house then (and providing he was able to show proof) that they didn't live there then the original CCJ and the Charing order would be set aside...She should get her ex to get the judgment set aside - Removal of CCJ's - Step by step guide to the process

[jdene]

sorry latest one 2007 states

 

 

no disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to 1st credit limited c/o C.W. Harwood & Co etc etc being the person with benefit of an interim charging order on the beneficial interest of Mr----- made by Leeds county court etc.

 

Yes my daughter in law and her ex are on the land registry records

 

the agreement showing his reduced interest in the house and that he no longer lived at the address are documented by both solicitors who dealt with the divorce,

 

 

my daughter in law is concerned that she never received any notification of any of this, and knew nothing about her ex's borowing.

 

The latest thing to complicate matters is that her ex husband is pushing for a settlement on his share of the property as my daughter inlaw has no intention of moving or selling up,

 

 

would this have to be paid to first credit to remove their interest or to him, which would leave first credit with an interest on a property that the debtor has no claim to ?

[42man]

I would tell him that he may not see anything of his 'share' unless he gets the CCJ in his name set aside....

[jdene]

Hi 42man would she be able to apeal to the court or dose it have to be him he is not the most helpful guy.

[42man]

As it is his debt and in his name then I think he will lose any equity he has unless he gets it set aside.....as the amount would come off his share. (Just tell her to tell him that)...

[42man]

He is the one who must get it set aside....