Welcome Secured, DCA sends letter saying they are removing the security??

[limelight]

Hi All,

 

I have an old secured loan with Welcome for £7000.00. Since Welcome went bust I've not paid anything (perhaps the odd token payment) and have dodged various DCA's.

 

2 weeks ago the current DCA holding the account wrote to me to advise that they will no longer rely on the security in my property and will take steps to remove the security from the land registry.

 

This seems like a really odd thing to do but I am highly suspicious?

 

Could they be up to something?

 

Anyone else heard of this?

 

Many thanks,

 

Limelight

Bournemouth

 

BTW The account has also disappeared from my credit file (Noddle)

[limelight]

Hi, I'll try and keep it simple.

 

Can a 2nd mortgage provider remove the security element of a loan specifically so that they can then issue a stat demand

 

As I understand it, a stat demand cannot be issued if a debt is secured, but if they voluntarily remove the security that opens the way for issuing a stat demand.

 

Hope that makes sense.

 

Many thanks,

[Andyorch]

I don't see how they could move the secure element as the debt is secured on those terms limelight.

 

The court may grant the application to set aside the demand if:

 

• the debtor appears to have a counterclaim, set-off or cross-demand that is the same as, or more than, the amount that is in the demand; or

• the debt is disputed on grounds that the court thinks are substantial; or

• it appears that the creditor holds some security, such as a mortgage, that has not been disclosed or the court is satisfied that the value of any security is more than or the same as the amount claimed; or

• the court is satisfied on other grounds that the demand should be set aside.

 

Regards

 

Andy

[limelight]

Thanks Andy, very helpful.

 

I guess I need to establish if a creditor that I have a secured loan with is able to change the terms of the agreement and convert it to an unsecured loan purely so that they can go for bankruptcy instead of calling up the security. This hasn't happened yet but I suspect as much.

 

Cheers,

 

Limelight

[dx100uk]

threads merged

[limelight]

So, if I have a fixed sum loan agreement with an unsecured creditor regulated by the Consumer Credit Act (which is what this account will become once they remove the security), do they have to obtain a county court judgement before they have the option to issue a stat demand or can they go straight for the stat demand option?

[BazzaS]

 

In general :

If unsecured (can you oppose on this ground?), a creditor doesn't need a CCJ to serve a stat demand, and then use that stat demand being unsatisfied at 3 weeks to start insolvency proceedings.

 

This is permissible because if the alleged debtor disputes the debt they can seek a set-aside (in the same way they could defend a CC claim if the creditor went down the "seek a CCJ" route instead).

 

What I don't know is if their moving a secured debt to become an unsecured debt still allows them to rely on a stat demand, or if the fact that the debt was secured and they chose to relinquish the security is grounds for setting aside the stat demand.

[limelight]

 

This is the bit I need to clarify. T

he original agreement is written up for a secured loan which both parties have signed.

 

Just seems really odd that they have voluntarily dropped the security a couple of weeks ago.

I can only imagine this is in preparation for an alternative legal path.

 

As an FYI I have still managed to agree and get accepted a payment plan with them at £50 a month.

(my offer crossed in the post with their letter about dropping the security - im wondering if two different departments are not knowing what the other is doing).

This debt is nowhere near a Stat Barred option anyway.

 

Can I assume that if I keep the payment arrangement up they shouldn't really be taking any other action?

[limelight]

Hi, Robson Way popped up out of the blue claiming I owed £20k as a result of a Welcome secured loan.

The letter came two months ago and I responded with a CCA request. 

 

The response finally arrived last week with an off centre photocopy of an agreement for a secured loan "Fixed Sum Loan Agreement Regulated by the Consumer Credit Act 1974".

 

I recall having an unsecured loan with welcome for £1500 and then refinancing for £3500 a couple of years later - this was early 2000's. 

 

This loan claims to be secured and is for £20k and was signed for in August 2007.

According to the enclosed statements, the last payment made to this loan was September 2009.

At the end of the statement there is an entry that says "14/12/12 DEBT WRITTEN OFF" 

 

I have paid for a Land Registry search and this lender does not have a charge on my property. 

 

That's the basic background but happy to provide any more info that's required. 

 

The help I'm looking for is an opinion on the lenders signature box so I am attaching a photo of this section. 

Borrower signed 10th August 2007.

The photocopy I have received shows that the "year" the lender signed is cut off.

In addition, it seems the lender originally signed this document on the 13th August but someone has written over the date, possibly trying to make it look like the lender signed it on the 10th August rather than what looks like the 13th.

It also seems there was an error with the account number. 

I'm keen to throw this back at them for the sheer shoddiness and would gratefully take advice on the matter. 

 

Many thanks in advance.  






 

WhatsApp Image 2020-08-17 at 17.01.10.pdf

[dx100uk]

threads merged again.

 

you said before that the DCA removed the charge and accepted a payment plan?

and (silly to me) you agreed to pay them then... without sending a CCa request...?

 

so this welcome loan under any creditors name does NOT appear on your Deeds?

and

your last paid anything in 2009?

 

or is the above merged thread now the correct tnfo>>?? and you did start paying again...

[limelight]

Correct, apologies for the confusion. Although a payment plan was offered, nothing was paid. 

 

Correct on both points.

[dx100uk]

then the debt is statute barred

send robbersway our sb letter from the debt collection section of our library

 

dx