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welcome nightmare


tamthetaper
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posty , this is a scottish judegement and the decree would not be alloweed to be recalled at this stage

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THANKS IDA, THATS THE POINT IME MAKING

 

IME OK ON ENGLISH LAW BUT SCOTTISH IS A DIFFERENT MATTER

 

WHILE I DO SOME DIGGING CAN YOU GIVE SOME POINTERS ABOUT SETTING ASIDE A SCOTTISH DECREE

 

WHY CANT THE DECREE BE SET ASIDE IF THERE ARE ERRORS IN PROCEEDURE

 

IT ALL HELPS AS I REALY DO NEED TO BRUSH UP ON SCOTTISH LAW:oops:

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i have statements and also insurance docs

bare with me will upload them guys

 

thanks tam

 

this was NOT as ecured loan

 

also yesterday got letter from them saying signed agreement for current account enclosed - WRONG account 3***** payed off re-written into new account 2******

 

it was the other way about my current loan no is 3*******

Edited by tamthetaper
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The circumstances in which a decree may be recalled are:

The defender has failed to lodge a form of response to the summons

The pursuer has not lodged a minute for decree and the case has been dismissed

A party has failed to appear or be represented at a hearing

You cannot apply to have a decree recalled at the end of a defended action.

 

http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/Going%20to%20Court%201%20December%202009.pdf

 

the rules are a lot tighter after an action.

 

Because a time to pay order wag granted this means that the original papers were recevied and responded to.

 

the only ones that have managed to be recalled after 14 days is one where they hvae failed to delvier the court papers to the correct known address

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The more i think about this the more it dosen,t add up

original loan taken out 2006

then may 2008 loan rewritten

letter i got yesterday they say the signed agreement they have sent is for the original loan 2006 not the2008 rewritting loan

 

just a thought could they have taken me to court for wrong account ie 2006 loan which is payed off because of rewite

and not the one that was signed in my house in 2008 as i find it strange they dont have paperwork or signed agreement for the account taking out in 2008

 

as i said and posted up yesterday according to them

what i received yesterday was the existing loan signed agreement on there computer..

not checked figures yet but just a thought ...tam

Edited by tamthetaper
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as for post 131 and HIS proposal.....

 

def DO NOT agree to that!!

 

they cannot legally do it and you will NEVER see the money again.

 

they'll bury it along with their mistakes!!

 

they can only take NOTIFIED ARREARS

 

funny how he speaks of the of and arrears by then wants to clear the whole balance!!

 

oh and PLEASE

 

USE LINE SPACINGS in your posts

 

its no good keep typing in one block all the time.

 

ta [use the edit button to turn it into something prople can read and understand

i must have edited almost every one of your msgs so far!

 

your turn^^^^^.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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going to refuse there offer

 

will phone the lewis group tomorrow and ask them if the can send out any paperwork etc that they hold on the account that was taking to court

 

do i write to welcome and tell them i dont except there offer ,and ask them to reconsider

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don't write just yet

 

we need to know why postggj says its rubbish

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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p'haps send postggj a pm

he indicated he might be aroundd uring the week

 

if not its the w/end

 

theres no rush as s uch.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just wondering if any of you guys have had a look at the paperwork

 

as i going to refuse there offer

 

do yous have any advice on a letter that i will send to them

 

as i only have till friday to let them no my decision ..thanks again tam

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arrears are only £1268 phoned them today even they cant understand it

 

Thats grounds for rejecting it then - If they dont know how the hell are you supposed to?

 

Give then another 10 days to sort it or tell them you are going to FOS.

 

Fos may take a while but at least you will know what you are getting.

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refused welcome ppi compensation offer.

all the figures are wrong as posted in 143 above

 

it would be nice if somebody had a look

as i dont get them to add up and would like a 2nd opinion

 

cheers tam

 

Hi Tam

 

I have been on the phone earlier today regarding my letter i received from welcome and similar to you have realised that the offer does not match the figs of compo they stated i am due. I do have arrears to come off but the figs are still way out.

 

I spoke to a lady on the brideshead team number and she was really helpful, she said that she got a manager to check and can also see the figs don't match she said that she was going to pass it on to be escalated to get someone else to look into it and see whats its all about.

 

I have to ring them back on Weds.

 

Perhaps you could give them a ring and explain your situation to them also.

 

Just thought i would let you know, hope it helps

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thanks for your reply

 

i phoned welcome on tues to ask if i could get explanation

to why the sums dont add up

could not get explanation told to go to fso

send back my refusal and put a letter in with it

to explain why i think its wrong

total compensation due after calculating 8% £1683.76

£2799.54

£3502.83

£2127.63

 

total £10113.76

+ compensate me properly £ 1679.01

 

total £11792.77

 

 

there offer £7183.84

 

settlement figure £7151.74 to pay off loan

 

the loan there taking to pay off has still 5yrs to run

 

as for there balance of 7151.74 this i know is wrong

 

you also say that you have some arrears in you ppi offer

did they say that they would pay of your loan or

was it just the arrears they would pay off....

 

thanks again tam

 

 

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