Coast claim for Possession - old Welcome secured loan - Disc'd once - now another N24/N11R - help **RESOLVED**

[Ell-enn]

OK,  thanks for the info.  So I don't have to read all through this thread can you please answer the following:

 

How much are the arrears?

When did you last make a payment?

Are you able to offer any payment at all ?

 

While I understand that the issue of charges and fees is important that can be dealt with once we have secured the roof over your head as that is by far the priority.

 

To be perfectly honest, unless you can come to an agreement with Coast in the next few days then you are going to have to attend the possession hearing - we can help you with the defence to send in, provided we have something to defend with i.e. a payment arrangement.     I know you say you can't face a court hearing but if you don't attend the judge will have no option but to grant possession in your absence - which means eviction.  We would then be in a position whereby we need to defend eviction action.     

 

By the way, possession hearings are conducted in a room around a table with the judge and the two parties concerned - it's not a court room with a jury like on TV - it's a totally different scenario and the judge will always try to make you feel comfortable.

 

You say a solicitor has been dealing with this - how much have you been paying them? 

 

 

[surrey_36]

Thanks Ell-enn for this very helpful info - the arrears balance is around £20K, that's including all their fees and charges, recent legal fees etc. Last payment was made quite some time ago possibly 2+ years ago.

 

I had contacted them and asked them if they would accept a significantly reduced settlement figure and that if it was reasonable i may be able to ask family to help but they did not even respond to this and continued with their court proceedings.

 

The lawyer is going to try and negotiate with them over the next few days.  Mates rates for lawyer so thats good news although this is not their area of expertise.   

[Ell-enn]

If it's not the lawyer's area of expertise then there could be a lot they are unaware of.  What terms are they going to try and negotiate ?

 

Is it still a possibility that family may be able to help ?

[surrey_36]

I'm not sure what terms they are going to negotiate, I did mention that there were lots of illegal charges and fees on the account that needed to be deducted with interest but they didn't agree.

 

My parents can help but they are retired and in their 80's and they are both unwell.   So they can help but not much.

 

A few years ago Welcome offered me a settlement figure of £3.5K - I would have snapped that up then if i could but if they were to offer similar now I would definitely ask my parents, i don't think they will offer that low though (If they do at all!)

 

 

[Ell-enn]

Do you still have the letter offering £3.5k settlement?

[dx100uk]

On 26/03/2020 at 21:29, surrey_36 said:

Hi Ell-enn, I have been making the mortgage payment for the house for the last 7/8 months - including a small amount of £20 towards the arrears.

 

I am also paying council tax (although this months payment has not gone through).  There are no other loans, only small debt with Vanquis.   Have defaulted on 2 small other loans.

 

Otherwise nothing being paid out that does not need to be (apart from Netflix and my Microsoft Office Subscription) - otherwise we manage on the minimum.   Not bought any new clothes or shoes for a long time.   We are healthy and that all that counts but we don't want to lose our home that's for sure

 

Hiya Dx

 

Im pretty sure It was phone calls rather than letters, but ill check.. I remember they called and were extremely friendly and offered at one stage a payment of £3k to settle the debt- which if I had of had that I would have done

 

Hi Peter

Not really any other debts.

Only small credit card about £600 - couple of other accounts defaulted (not massive amounts about £1300)

Value of Property Quick Sale £250

Mortgage £170k +£50K  i owe to my parents for paying for building work a while ago.

 

I really don't even want to look at housing options I really will find that incredibly depressing.  

 

to be honest I'm so stressed out about this whole thing and worried about my parents and family at the moment that,

 

I'm really thinking about just contacting the TLT solicitors and talking to them about what I need to do to get out of going to court because I really don't think mentally i'm in a strong enough place to be able to handle that at the moment. 

 

Its been a tough ride for a while

 

this thread is worthy of a re read from post 158, this is the 2nd time they have tried, the 1st time they abandoned the repo attempt, and they've added +£800 unlawful legal fees too , the original loan was only £15k with 50% int in 2007!! 

[surrey_36]

Update: In court last week.   Coast were represented by Council, neither TLT or Coast were present.  They were pursuing for possession/eviction - the judge granted a 2 week adjournment, due to personal circumstance and the fact that I had proof that I had to tried to contact them to negotiate a deal to which they did not respond.   

 

The court were also concerned that the court helpdesk advisor (that has been helping me the case and came into the courtroom with me) also contacted them and they also did not respond to her either.   

 

The judge was not impressed with that and basically gave me a 2 week adjournment to go away, contact Coast and try and negotiate a deal. 

 

There was a complication, the judge said that really if following protocol correctly she should grant the possession as Claimant pointed out that the loan had become fully payable and that a full demand for payment had been issued.   I wander if they are referring to the end of the contract because if so that is not until 2022.

 

I contacted Coast straight away and was connected with someone from Target to negotiate and was advised that no offer would be accepted and that only full settlement of the loan would be accepted which is around £19K.

 

No mention of the illegal charges on the account was mentioned in court as the Citizens advise legal advisor suggested this may only complicate things in the courtroom that day.

 

Having a good look at the original very difficult to read original agreement and the recon copy it looks as though amounts are different.  For example original loan agreement says advance amount is £15000, the recon copy says advance amount is £16500.00, including different monthly payments.

 

Requested from Target a letter of authority to allow someone else to negotiate on my account.  They said they would post last week and still not arrived.   

They said they could not email this, sent email and been trying to call but no answer from Coast Finance. No letter of Authority has arrived and no answer from phone as of yet! (25 mins on hold!)

 

Supposedly back in Court next Tuesday but awaiting notification from Court.  

 

Edited September 2, 2021 by dx100uk
added A few blank lines only..dx

[dx100uk]

You dont need them to send you a letter of authority to fill in...simply send one. I hereby authorise xxx to act upon my behalf

[surrey_36]

Thanks dx

[dx100uk]

well?

[surrey_36]

Court again recently after adjournment.  They dont have a reconstituted copy, what they sent me as a recon is actually a pre finance document.  (I didnt realise this wasnt a recon)  We have advised this to the court and the court have given them 7 days to produce the document (Ive been asking them for 11 years)  they are now trying to negoiate a settlement.

 

Are they allowed to even take me to court in the first place without a loan agreement or without a recon?

[dx100uk]

Yes but that's why we always say on every consumer credit related claim To CCA and CPR. Puts them to strict proof.

 

Dx

[surrey_36]

I think the case will be dismissed unless they can provide the recon

The original agreement is illegible and they need this be able to create the recon?

How can they create recon if they cant read the orig

[surrey_36]

dx what is CPR?  I CCA's them a few times and only ever got back an illegible agreement

[dx100uk]

std practice for any court claim 

 

..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
 

..............

 

[BankFodder]

We've had a report that you had a result. It would be really helpful to everybody if you could post it up here please .

Thanks

 

[surrey_36]

WON. 

 

Went to court and Coast were trying to pursue loan on a pre -credit agreement that they were trying to pass off as a recon copy of the loan. They were unable to produce the original or recon and so they accepted 3.5k settlement (down from  17K). 

 

 Incredibly relieved for this to be over and cannot thank CAG/DX/Renegade and others from the team for their ongoing support on this over the years.

 

Without CAG's help over the years i don't know what would have happened to me.

 

I cannot thank this group enough for the advice & guidance over the years.