Cabot and old stayed Court Claim - Old Welcome Secured Loan - want to sell, but charge is still showing

[majimix]

Thanks postggi, It all seems so dodgy. Salans are on their 3rd letter at the moment, I just want it right.

[postggj]

Anything to do with welcome is dodgy

 

same crap

different nappy

 

me thinks a request under cpr 31.16 is now in order

 

watch the crap now hit the fan

[majimix]

Could you give us a bit more of an explination of that, and a bit of a breakdown of the bad maths on the agreement.

 

Im not the brightest

[postggj]

every thing about welcome is complicated

 

they pay themself comission on the sale of loans,

well infact you pay for it

its included in the underwriting sheets and if they dont tell you, it invalidates the agreement

 

wilson v hurstanger

 

the cpr 31.16 request will make them release it

 

the biz on the insurance crap not adding up is that the cost of the credit (insurance crap) is a perscribed term

 

get that wrong and it makes the whole agreement crap

 

thats two reasons allready to get the agreement slung out and ive not even started on the default notice

 

relax

 

you have won this

 

100 %

 

you just have to get passed the BS

[majimix]

Thanks postgii,

 

Im trying to relax, is the letter your getting together for Welcome and Salans ? Cant understand why they were not mentioned in my SAR !

[postggj]

Cant understand why they were not mentioned in mySAR

 

DO YOU REALY THINK WELCOME WOULD INCLUDE EVERY THING

TO MUCH DIRTY LAUNDRY

 

AS SALANS ARE CHASING

 

ITS THEM WHO WILL GET MY BROAD SIDE:lol:

[majimix]

Nice one,

 

Opening balance on secured loan statement in SAR - 10,730. In the SAR there is mention of Brokers no - Central Capital. Are they the people who set up the loan ? There is date quoted underneath. There were no insurance details in SAR or statement of means .

[postggj]

Well in dispute then

 

do you realy believe that a third party(central capital) would set up the loan and not get paid

 

if they dont inform you of this then its game over

 

is central capital still about

 

might be worth sending them an sar

[majimix]

On that sheet,

 

Secured Loan

 

Customer - both our names

Broker & no - xxxxxxx - Central Capital Ltd

Date Quoted - 29-Jan

Interest rate - cant read,crossed out

APR - 17.65%

Monthly payment - 209.31

DD Date - 1.04.2008

Branch name - my town

Branch phone number - a local number

Underwritter - 50

Loan amount - 10k

partners name

spot check - someones signature, cant make out.

 

Its very hard to make anything out on this sheet

[postggj]

Does it say any payment to the broker

[majimix]

That page of the SAR -

 

Secured Loan

Customer - me and partners name

Brokers No - xxxxxxxx Central Capital Ltd

Date Quoted - 29 - Jan

Interest rate - crossed out

APR - 17.65%

Monthly payment - 209.31

DD Date - 1.4.2008

Branch name - my town

Branch number (welcomes local number)

Underwritter 50 ( in bold)

loan ammount - 10k

Partners name (on own)

Cheques total - 10k

spot check completed - signature , cant make out

 

The page is very difficult to make out !

[postggj]

i have enough to go on

 

ill crack on tomorow

[majimix]

Thanks post and excuse my eagerness, i,ll check back tomorrow.

 

Thanks again

 

nothing about payment to broker

[postggj]

you just have to chill and relax

 

i was the same in wanting answers there and then

 

it does not work like that and the likes of welcome will exploit and ignore to the limit

 

i learned long ago to play them at there own game

 

its allways

 

smoke screen and mirrors

[majimix]

cheers post, check back tomorrow

 

Any news on the letter post ?

 

Anything ?

 

Any news on the letter postgii ?

[postggj]

Be done by morning

[majimix]

Thanks a lot, appreciate that

 

Any joy with the letter yet ?

 

Any news on the letter, sorry to be a pain

[lord_tiger_putin]

Any news on the letter, sorry to be a pain

 

I can suggest a letter such as this.

 

[Your address]

 

[Their address]

 

[Date]

 

Account Number: xxxxxxxxxxxxxxxx xxx

 

****NOTICE UNDER Civil Procedure RULES***

 

Re:− Account/Reference Number: xxxxxxxxxxxxxxx

 

Thank you for your letter dated xx/xx20xx and response to my Data Subject Access Request.

 

You will be aware that since the introduction of the General Practice Direction (PD) on Pre-action Conduct introduced in April 2009, compliance with the general pre-action protocol in now compulsory, even in cases which will be most likely be allocated to the small claims track.

 

This allows the court to take into account the conduct of parties at all stages of litigation before the start of any court case. In every case where the matter is likely to be dispute (as in this instance), the court will expect the parties to have exchanged information before starting a court case and to have given the other party a change to settle the claim. If this is not done the offending party may be asked an explanation and ordered to pay costs. Furthermore, the court may also suspend a court case until steps which ought to have been taken are taken.

 

In the letter from your Solicitors, [salams details here] letter, dated xx/xx/20xx you threaten that you will take legal action should I fail to comply with your demands. As a direct result of this threat been made by you I made a Data Subject Request towards you on xx/xx/20xx regarding this account, requesting you to provide me with the information detailed in that letter. Unfortunately I believe there are some discrepancies in your response and therefore I believe that you haven’t fully complied with my request.

 

I make the following request pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16). I respectfully request that you provide me by return a copy of the following documents:

[all outstanding documents you require, i.e. underwriting sheets]

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for, will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

I look forward to your reply and would ask for a response by 4pm on xx/xx/2010, 21 days from the date of this letter.

 

Furthermore, on the xx/xx/20xx I also informed you that this account is in dispute as a result of [include your reasons], but you also failed to respond. I re-iterate that fact and am looking forward to your response in the near future.

 

Kindest Regards,

 

cc [salams details]

 

 

You will have to check whether the sequence of events are correct, making the SAR after been threatened by Salams?, etc.

 

Send it to Welcome and a copy to Salams.

 

 

It is just a suggestion or you can wait for postjj.

[majimix]

Thanks Lord, really appreciate that, any further suggestions Postggi. I really appreciate all the help from everyone.

 

Anything to add postggi ?

 

Thanks

 

The plot thickens.

 

Thanks for all recent advice all. Salans have not been in touch. I have now received a letter from a debt collection agency called Uk search ltd stating that I now owe them the balance.it also states the loan was introduced by the Welcome website which it wasn't.

 

Any advice?

 

 

[lord_tiger_putin]

Maybe put Welcome on the spot? Send them a letter and ask to explain and that it is again OFT guidelines to use 2 DCA's at the same time. They will have to let you know what is going on.

 

Usually when one became quite for a while and another raised it head, then they have past it on and that will be good news for you because they are jsut a DCA and not a solicitor. You can send these new clowns something that is called the "bemused" letter, I believe there is one in the library.

[majimix]

New goings on !

 

After receiving the letter from a company called UK SEARCH LIMITED in November I have heard nothing until today when i have received a statement from Welcome showing the defaults and "capitalisation " going up over £100 a month.

 

Any thoughts ?

 

Postggi said: "ill drop in later

 

back at college again this week:|"

 

Thanks postggi, appreciated

 

Interesting to see UK Search is cropping up in other posts now ! I got mine in November and then got the Welcome statement the other day !

 

Can Anyone give us a bit of advice on this, to move forward ?

 

Can anyone give us any advice on what to do next ? Letter from UK Search last November and Welcome statement in January (still plenty of interest being put on ).

 

Ok I am confused beyond belief now.

 

Have had another statement from Welcome this morning. The interest is now coming on thick and fast. Original loan was for 10k in 2008, with interest now stands at 11,500. The statement is from "Branch 420 (House Repo). Any advice ? I am worried now !

 

Can anyone help with this please. If you look at posts 64-73 you can see the financial irregularity's by Welcome. Who do I write to,to inform of this and also to put the account into dispute. I have done nothing as yet, waiting for some advice.

 

Thanks for all the help so far.

 

postggi,emandeves,lord tiger putin,dadof holly - anyone ?

 

 

I have added another 2 scans here, one is of the agreement which was sent with my SAR, the other is the statement of price, there was no statement of price sent with my SAR so this is the one I got at the time of taking out the loan -

 

http://i897.photobucket.com/albums/ac177/majimix/SARAgreementScan.jpg

http://i897.photobucket.com/albums/ac177/majimix/statementscan.jpg

 

As you can see from the poorly photocopied copy of my agreement which came with the SAR a £175 has been added for insurances, this would have been after we signed it. It does not show up on the statement of price.

 

How the hell could I know what I was getting. I have a copy of the agreement al be it with no signatures on that does not have the 175 penned in afterwards. Please could someone have a look at these two and give us some advice.

 

Many thanks

 

Here are some previous scans -

 

http://i897.photobucket.com/albums/ac177/majimix/scan3.jpg

 

http://i897.photobucket.com/albums/ac177/majimix/scan2.jpg

http://i897.photobucket.com/albums/ac177/majimix/lastscan.jpg

 

Note the copy of the loan agreement I had prior to SARing them had total for insurances 495. They then added a new insurance on to get to that total after I had signed (why else would it be in pen ) this was not in my copy of the statement of price. In the last scan is a statement saying total amount of credit 10,730 but on the agreement it says total for credit 10,495. I know they have added their acceptance fee of 235 on.

 

Please can someone help. Lord tiger putin has done a breakdown of this and all the figures including apr seem to be way out.

 

Any advice on what to do next would be so appreciated.

 

Anyone ?

[lord_tiger_putin]

Welcome (and for that matter most other institutions) will flatly ignore anything you put in front of them that they have an unenforceable agreement and issued an invalid Default Notice. Even if you haven’t signed it or a DN states only 2 days!

 

Basically they have no other choice than to take such a stand because, should they admit it, then you can tell them where they can go and they basically write off the debt in that process, therefore they will always deny it (their way of doing it is ignore you in that regard as far as possible and when pressed very hard, states that they have an enforceable agreement and that everything is perfectly sound).

 

Do they know themselves know that it is the case? This is difficult to say. They must have dealt with agreements and DN from the same time and they did receive your letters, whether your letter would sink in depends very much on which monkey opened it! If they are aware of the invalid DN, why are they continued to issue it? The one dealing with your account can know it is invalid but they will not necessary consult with the people who create the template letters. Therefore it is not that easy to determine but many institutions do know that but Welcome Finance is not the brightest.

 

If they know they cannot enforce the agreement they will continue to up the pressure on you for payment but they will not start any legal action. One way of to increase pressure on you is to ignore your letters, increasing the interest and fees as much as they can and to pass the account on to the usual idiots (DCA’s). This is exactly what seems to be strategy in your case.

 

It is telling that the solicitor who chased you earlier disappeared and that they passed it on some other low life. These clowns have a cycle (3 or 6 months) and then it will probable be passed on yet again. The longer this continues, the clearer it becomes that they realise they can do nothing. Off course, should they pass it on to coward carter, he will probable start legal action but it is pretty easy to chase this hyena away!

 

Well, how does it help you solve the problem with the increasing interest? Probable not much, they think are legally entitled to do that. You can try to up the pressure on them as much as possible as well.

 

I am dealing with them as well, and remember they are struggling to survive. They do not accept any Full and Final Settlement offers anymore (which planet do they live on!!) and told me they want the full outstanding amount. Off course, they denied the un-enforceable agreement and invalid DN and they passed it on to one of the bottom feeder DCA’s, probably to save some money. The way in which I am dealing with them is to ignore the monkey’s (I am no longer wasted any ounce of energy on them anymore) and I am going to issue them with a section 10 notice under the DPA 1998, aka

http://www.consumeractiongroup.co.uk/forum/showthread.php?24013-Defaults-a-proposed-method-for-removal-and-the-full-template-letter

 

Therefore they will have to stop processing my data and I am going to ignore them until they see the light of day and accept an offer (part of the offer will be that it is based on the outstanding amount when I made it and not all the interest they added after that).

 

You can issue it as well, it does not guarantee they will stop processing one’s personal data, but it will up the pressure on them for certain. One can always instigate legal action from your side, but it is a difficult prospect.

 

How do you plan to eventually get rid of this debt? You can always try to save and make them an offer later. You can also make an offer now, for say, 30% of the outstanding amount (doesn’t matter that you cannot afford it) seeing that they will reject that anyway (you can make it even higher, them rejecting a high offer is not good for them). Save this then for later because it shows that you tried to resolve the matter and that they failed to participate (should they try something nasty, it will be another weapon in you favour). Always put “Without Prejudice” on it. The other option of dealing with it is to ignore it until it gets statue barred, the longer it continues, the smaller the change of legal action becomes. Legal action seems doubtful as well.

 

Do not know whether it helps but this is what I think, if I think of something else, I will post it.

[majimix]

Thanks for getting back to me Lord, thats a great post. Is it worth sending them any information about the dodgy agreement, asking for an explanation on the ludicrous figures,added on insurance and no statement of price with SAR ? Which letter in your link do you recommend sending ?

 

Thanks again

[lord_tiger_putin]

If you give me a day or 2 then I can post my letter to them as well as their response and you can start from there.

[majimix]

Thanks a lot, would really appreciate that