Unenforceable Loan Agreement Welcome/MKRR problem

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

To Bill-K

Thankyou - and noted.
As you can see, I've been sworn on oath of silence by miliitant.
Being the more experienced half of my brain in these matters, I must obey him

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

hi christian

no offence but your multiple posts are starting to confuse so any essence is starting to get lost, this is not helping


you will be giving welcome and mkrr all the ammo they need to fight any claim.
for example, the insurance crap welcome sold you

if you had no statement of means or/and statement of price done then the insurance was missold. that effects the total amount of credit, interest ,, and repayments.

the loan is then sold to mkrr

that would render the assignment to mkrr void depending on what sort of assignment was used, equitable or absolute.

i have not even started on direct group and norwich union with welcome elite brokers yet

i can go on and on as i have been where you are now and "WON"

i had a car and two personal loans written off on welcomes errors in "COURT"

you need to learn to walk before you can run

LEARN BY MY MISTAKES AND TAKE MY ADVICE ALONG WITH OTHER POSTERS WHO HAVE DELT WITH WELCOME BEFORE

welcome do not play by any sort of statute legislation and that was, and is their downfall that we use

but it is your decision in the end TO TAKE IT OR NOT

regards

millitant

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

CCA default delivered 15/6.

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

morning christian

tomorrow i would like you to phone these people and ask them to send you details on all insurance products they hold on you

http://www.google.co.uk/url?sa=t&rct...khQ3seun9KJFHQ

mention welcome finance, that will realy make their day

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply to miliitant, greeting to everyone
1. Got it. Thanks so much, miliitant, and Celestine...and everyone...have a great day for yourselves, please - you are all very much appreciated here Oh, btw, I'll record the call and report back. And yes, I know I have to tell them I'm recording. I'm getting used to overcoming other people's fears for them, when I do this. I have a bad memory, you see... (just thought of using this to calm customer service person down today. It worked a treat).

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Thankyou springerspaniel
Yesterday I made an application to an council-run social housing portal.
This was largely thanks to springerspaniel pushing me - thanks, mate :tinysmile_kiss_t4:

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

To Bill-K
I removed a lot of material for obvious reasons, but your post was a stroke of brilliance (for me, a newbie at the game), which led to my uncovering, through the numerous other deleted posts you see above, some HUGE and hitherto-unnoticed legal factors, which are, with everything else, killer weapons.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Team
Emotional help from one; lethal legal arguments from others, sensible advice from another, kind words, a good kick up the backside every so often - what. a. team.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Self-education: dealing with bailiffs

here

Bailiffs can only enter the property if invited by the occupier.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Self-education Welcome PPI mis-sold - deception, coercion - 10x rates - consumer demand for repayment
Ditto Welcome repay PPI payments etc
Ditto FSCS success via questionnaire letter
Ditto Welcome extortionate settlement figure
Ditto Direct Group company information, and reply letter came from their registered address headed Welcome
Ditto Welcome PPI leaflet - Direct Group, Norwich Union. Full copy T+Cs will be sent when insurance has been accepted
Ditto Direct Group admin'd Welcome, and Norwich Union underwrote most loans.
Ditto Nuisance (wanna b shot off them asap), extortion (£17k loan with welcome £20k paid back o/s bal £22k), ruination (wrecking of credit status)

Question: who were Welcome regulated and authorised by in 2004? Should they have been selling me any type of financial product?
Answer: regulated by: FLA. Authorised by: no-one? (FSA 02/11/04).

Ditto Welcome signed up to be regulated by the FOS Jan 2005. Should have been regulated by the Financial Leasing Authority before this. Can phone and ask if Welcome were regulated by them at the time you signed your loan. (Did this 2006).
Ditto Welcome authorised by FSA from 02/11/04. No. 305742. Notices: Unable to hold client money.
Claims Programme
Came into effect on 1 March 2011. It requires the firm to establish and put in place a defined programme in respect of claims against the firm arising from the firm’s regulated activities, including in particular the activity of mediating PPI policies, and in respect of claims against the firm arising in relation to mediating PPI policies prior to regulation (ie 14 January 2005). It also provides for certain complaints to be dealt with by the ombudsman as described in this requirement.
Full details of the requirement, including details of relevant customers and the programme can be found on the FSA's website under Recent Publications - http://www.fsa.gov.uk/Pages/Library/latest/index.shtml (not found today).

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Compensation for PPI only mis-sales pre 14/01/ 2005
Self-education Advice that "FOS could not deal with these as they are no longer trading (or as such) and the FSCS can only deal with claims/complaints on or after 14th Jan 2005. Could ask the FOS about the insurer direction on these. Would need to find out who the insurer/underwriter of the PPI was with and make the complaint against them and go through the whole complaints procedure first and then if necessary take to the FOS. Check with FOS first, though, on this"
Also, "Welcome tended to charge very high interest, which they added to the PPI".
Ditto Welcome has also established a trust fund of £20m as redress for customers sold pre-regulated policies (PPI only, according to title of article) before January 14 2005, which the FSCS does not cover. Article dated 3rd March 2011. Nice of them to let me know.
"The firm is assisting the FSCS in its handling of the claims and has applied to the Financial Services Authority for a variation of its permission to do so. The sub-prime lender, part of the Cattles Group, stopped lending in 2009"
Ditto Welcome declared in default by FSCS 2/3/11

Question: are Welcome still handling insurance claims, and have they any of the £20m left?

Ditto active Welcome directors
Ditto On 12/3/12 FSA revealed that, by lying about their accounts in mega-figures,

... in 2007, Cattles and Welcome conned £200,000,000 from their investors...
...and the FSA fined them £600,000 - 3% of the amount stolen - here
...and they couldn't pay.
...All three fines were reduced on account of the directors’ personal financial circumstances.
...here are some of their victims. There were 30,000 of them who accepted 1p per share - originally £1.28.
...this happened because the directors lied, simply.
...the 3 directors who did this were James Corr, finance director of Cattles...Peter Miller, finance director of Welcome
...and John Blake, managing director of Welcome.
...60 shareholders fought for more per share for 3 years, and Welcome settled out of court for 27p per share.
...the victims of this fraud included several charities.

Uh-hummmm.........

Cattles...failed to act with integrity... creating a false market. Welcome...failed to take reasonable care to organise and control its affairs responsibly and effectively...Both firms engaged in market abuse by disseminating the inaccurate information.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Registered and trading names of Welcome Financial Services Ltd

here

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

[Welcome refuse PPI claim through possible deception, quoting FSA - in 2010 - here]
Danger of asking for a CCJ to be set aside is that the case can be rebrought (by the creditor), and if you as debtor lose,
the entry can go on credit file for another 6 years.
What is maladministration?
(Maladministration is a political term which describes the actions of a government body which can be seen as causing an injustice.)

• administrative fault, such as making a mistake or not following its own rules
• poor service or no service
• delay
• bad advice
• incorrect action or failure to take any action
• failure to follow procedures or the law
• failure to provide information
• inadequate record-keeping
• failure to investigate
• failure to reply
• misleading or inaccurate statements
• inadequate liaison
• inadequate consultation
• broken promises
• failure to provide a service
• delay that could have been avoided
• faulty procedures, or failing to follow correct procedures
• not telling you about any rights of appeal open to you
• unfairness, bias or prejudice
• giving advice which is misleading or inadequate
• refusing to answer reasonable questions
• rudeness and not apologising for mistakes
• mistakes in handling your claims
• not putting things right when something has gone wrong
• hurt feelings, distress, worry, or inconvenience
• loss of right or amenity
• not receiving a service
• financial loss or unnecessary expense
• time and trouble in pursuing a justified complaint

[The Housing Ombudsman Service investigates complaints about all registered social landlords and housing associations, and some private landlords as well. He explains maladministration like this: you can complain if you think your landlord has done something wrong which affects you in your home. This includes:

• failing to do repairs
• making it difficult to use services or facilities to which you are entitled
• making administrative errors, and so on]

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

"Void ab initio. A contract is null from the beginning if it seriously offends law or public policy in contrast to a contract which is merely voidable at the election of one of the parties to the contract"

"A contract could likewise be void ab initio because of unconscionability or unfair dealings, which would result in the entire contract being voided" here

"An agreement the terms of which are uncertain is void" here
"Void means that a contract does not exist at all"

Fraud knowingly lying and causing injury which can be shown to be caused by the deception
Deceipt lying causing injury
Mis-selling:
No 1: A firm must conduct its business with integrity.
No 2: A firm must conduct its business with due skill, care and diligence.
No 6: A firm must pay due regard to the interests of its customers and treat them fairly.
No 7: A firm must pay due regard to the information needs of its customers, and communicate information to them in a way which is clear, fair and not misleading.
No 9: A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement.

"Remember, PPI is always optional, it is never compulsory.
If you are a student, a pensioner, or self-employed you are unlikely to be eligible for PPI and so you may have been mis-sold the product" here

Why you may be able to claim PPI here

• You Felt Pressurised To Take Out The Policy
• Your Employment Status
• You Weren't Offered Advice
• You Worried About Being Approved

"The OFT agrees that changes are needed to make it easier for consumers to contest extortionate terms and practices either through the courts or through alternative dispute resolution mechanisms" here

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Nuisance (from Lat. nocere, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private.

Legally, the term nuisance is traditionally used in three ways:

1. to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney)
2. to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors)
3. to describe a legal liability that arises from the combination of the two.^[2]

A tort, in common law jurisdictions, is a civil wrong

Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but causes harm. The law allows anyone who is harmed to recover their loss.

A civil wrong or wrong is a cause of action under the law of England and Wales.^{[citation needed]} Tort,^[1] breach of contract^[2] and breach of trust^[3][4] are types of civil wrong.