welcome secured loan sold to coast

[postggj]

I would be tempted to send them my bankrupcy number and tell them to contact the official receiver and see what they come back with

 

just a thought

[carnalpleasureuk]

Ok ive done the experian report and its still there under welcome saying we defaulted on 25/1/11, they even have my name wrong!!!

 

As for there being a shortfall thats a definate as we owe more on our mortgage than the house is worth and they have first charge.

 

So thanks for the help so far but what do think should be my course of action now?

[postggj]

As expected the debt is still welcome so incasso can sod off

 

i would do as stated above but when was the last time you spoke to welcome over this

[carnalpleasureuk]

I havent spoken to them for a few years as far as i recall.

 

Post when say do as stated above could you just clarify please as there were a number of things mentioned?

[postggj]

You need to contact the official receiver to see if they still have an interest in the house

 

with welcome and any dca crawling out the woodwork

 

ignore, ignore, ignore

 

welcome are soon to be history anyway

[carnalpleasureuk]

Its listed as a mortgages so wouldnt that mean that they do have an interest?

 

sorry misread what you said.

 

WHAT WOULD BE THE CASE IF THE RECEIVER SAY THEY HAVE NO INTEREST IN THE HOUSE?

[postggj]

Ok then this is what i would do but wait for some more comments

 

contact the official receiver who handled your bankrupcy and confirm he has no interest in the house

 

IF NOT THEN THE HOUSE IS ALL YOURS

 

ANY DEBT UP TO THE BANKRUPCY FROM WELCOME WILL BE IRRELEVANT AND A NO-GOER

 

then send incasso a copy of your bankrupcy and number and tell them to contact the official receiver

 

with the state welcome is in at the moment, you may get a pleasent surprise

[carnalpleasureuk]

Sounds good but why would it be irrelevant if it wasnt included in the bankruptcy?

And what would be the case if the receiver does still have an interest?

[postggj]

Ime now going from my brothers own bankruptcy

 

the official receiver made him sell his house but years later various dca etc came out the wood work that were not included in the bankruptcy.

 

The official receiver told him to send a copy of the bankruptcy order to the dca and to contact the receiver if needed.

 

Just because its not listed in the petition does not mean they are not included.

All financial obligations are included as the receiver does a name search to confirm this

 

it will be down to incasso to disprove this, not you

[sequenci]

Absolutely!

 

Of course, we can appreciate if you want to keep your house. Welcome will probably want it that way too, hence them not being overly pushy.

[carnalpleasureuk]

Sorry sequenci, I dont understand what you mean?

 

Ok post ill contact the receiver on monday to find out update when i know, hopefully you ll be around at some point to advise firther if need be?

Edited March 4, 2011 by carnalpleasureuk

[sequenci]

If Welcome tried to repossess the property any shortfall would disappear due to the bankruptcy. This means that their best interests are to keep things as they are. This is likely to be why they haven't tried to bring proceedings to repossess the property.

[carnalpleasureuk]

Ok i understand what you are saying about the shortfall and about why they havent tried to reposess,

 

Where does that leave me now as regards what you think i should do as i havent paid or had any contact with them since the bankcruptcy. So they arent getting anything anyway.

 

Im going to contact the receiver on monday like postggj suggested and report back my findings for further advice. do you think this is best course of action for now?

[carnalpleasureuk]

Hi postggj?

I have been in contact with the receiver and he said they relinquished their claim on the house in 2009.

 

any further advice as to what I should do now?

[sequenci]

HI there, when was your bankruptcy date?

[carnalpleasureuk]

Hi sequenci, thanks for replying

 

Our bankruptcy was in May 2006.

[sequenci]

Is the loan registered against your property on the land registry?

[carnalpleasureuk]

Hi and thanks

Yes it was a secured loan so as far as im aware it is

[Peterbard]

Hi

Hope you dont mind me butting in.

Has anyone checked tha agreement yet.

Welcome are notorious for getting there sums wrong in the TCC department.

 

Assuming this is a second charge under 25k of course

 

If it is defective it would release the charge under section 106 not sure how it would effect the debt under the bancrupcy though.

Still worth having a look

 

Peter

[carnalpleasureuk]

Hi

And no all advice welcome peter.

Its been so long since any contact with welcome(til recently) and cant seem to find the paperwork, so no one has had a chance to check anything.

 

My main concern til now has been what to do for now as was contacted with default notice by welcome and letter from Incasso demanding full payment in 7 days which has passed now.

 

It was a second charge and think it was for around 20k.

[Peterbard]

Hi

And no all advice welcome peter.

Its been so long since any contact with welcome(til recently) and cant seem to find the paperwork, so no one has had a chance to check anything.

 

My main concern til now has been what to do for now as was contacted with default notice by welcome and letter from Incasso demanding full payment in 7 days which has passed now.

 

It was a second charge and think it was for around 20k.

 

I would put in a CCA request under section 77 of the 1974 Consunmer credit act it will cost you £1 they should respond within 12 days their is a template on here.

 

Better if you could locate your orriginal and post it on here.

 

I thnk it is reasonable to sugget that you must be able to check the validity of the sums requested particularily if it has been so long since you signed the agreement.

 

I would tel them this and that you are awaiting documentaion requested under the above in order to verify the debt and untill this is recieved they should consider the debt to be in dispute.

Also add that they should refrain from any further action untill this is resolved.

 

You can quote the relevant OFT guidlines if it comes to it, but i think as said, a reasonable request and if you dont need to get heavy, i dont think it is always the best approach.

 

Peter

.

[carnalpleasureuk]

So I need to send that to Incasso as their letter states all correspondance to go to them?

[Peterbard]

So I need to send that to Incasso as their letter states all correspondance to go to them?

 

Yes i would send it recorded. Are they the legal owners of the debt ? Or are they a DCA i am not familliar with the name.

It doesnt really matter as far as the request is concerned as they are obliged to pass it on to whoever is the creditor by the act.

 

Pete

[carnalpleasureuk]

No they arent the owners as its still on my credit report with welcome, they are debt recovery solicitors.

 

So should i just do a CCA request or do I need a SAR request as well?

[dx100uk]

as in post 21 time to ignore them.

the receiver has no int in the house

incasso aer just chancing their arm they can fleece you

the debt is well statute barred

 

i'd SAR welcome

get the info on payments..

 

maybe do some reclaiming too.

 

poss be that the default was registered after the SB date too

if thats the case it must be removed.

 

dx