Unenforceable Loan Agreement Welcome/MKRR problem

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

nonfeasance - ignore and take no indicated action - neglect.
misfeasance - take inappropriate action or give intentionally incorrect advice.
malfeasance - hostile, aggressive action taken to injure the client's interests.

The rule of law laid down is that an action in contract (ex contractu) will lie for any of the three (above).
However, an action in tort (ex delicto), will lie only misfeasance or malfeasance.

Misfeasance is also used with reference to the conduct of directors and officers of joint-stock companies. The word malfeasance is sometimes used as equivalent to malpractice by a medical practitioner.

Vulnerability refers to the inability to withstand the effects of a hostile environment. A window of vulnerability (WoV) is a time frame within which defensive measures are reduced, compromised or lacking.
Vulnerability refers to a person's state of being liable to succumb to manipulation, persuasion, temptation etc.

Inequality of bargaining power

Rights - natural and legal

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Bad faith is double mindedness or double heartedness in duplicity, fraud, or deception.^[1] It may involve intentional deceit of others, or self deception.

Restorative justice is about the idea that because crime hurts, justice should heal.

Restitutionary or disgorgement damages In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution.

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery.

English unjust enrichment law is a developing area of law in unjust enrichment. Traditionally, work on unjust enrichment has been dealt with under the title of "restitution".
Unjust enrichment, and the duty to reverse unjust enrichment, operates regardless of awareness. You are strictly liable to reverse it. However, unlike in conversion, there is always a "change of position" defence available.
Other than mistakes, a variety of categories of "unjust factors" are said to generate unjust enrichment situations. Undue influence, duress, incapacity and illegality are examples of vitiating factors in contract. Contract law's analysis has been used to explain why courts do not uphold contracts in these situations. These are cases of unjust enrichment.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Interest rate sky high, railroaded me into taking the insurances (said no insurances, no car ) so i did it. Borrowed £3000 over 3 years, after 2 years, still owed £2000 here

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Christopher Palmer
Legal and Compliance Manager at Welcome Financial services Limited here
2010 – Present (2 years)
•Responsible for managing a dedicated team tasked with responding to direct legal action against the company.
2005 – 2010 (5 years)
•Assisting with the drafting and checking of legal documentation, including hire purchase and personal loan documentation to ensure compliance with all laws and regulations, including the Consumer Credit Act 1974, Data Protection Act 1998, Financial Services Authority Regulations as well as internal fair collections guidance

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

welcome elite brokers
some will know i have 100% proof welcome having been paying them self commission of up to 25 % of the policy it screws its customers for
nothing on welcome elite brokers on the fsa register
If WEB is trading as a broker they need a CCL, and to be registered with FSA. If they are WF and advising WF on WF preferred products then they are not a broker, they are an introducer on commission and that fact must be made clear.
just browsing the insurance agreement I am so lucky to have it says welcome agree to comply with the ABI general code of practice.
THEY NOT ONLY SHAFT YOU ON AN OVER PRICED INSURANCE PRODUCT BUT SCREW YOU AN EXTRA 17 TO 25 % COMMISSION ON TOP
IF THIS IS NOT DISCLOSED ON THE AGREEMENT THIS COMMISSION PAYMENT, THEN THE AGREEMENT IS WORTHLESS
WILSON V HURSTANGER*

*Sealey est'd no fudiciary duty (undivided loyalty).
A fiduciary duty (from Latin fiduciarius, meaning "(holding) in trust"; from fides, meaning "faith", and fiducia, meaning "trust") is a legal or ethical relationship of confidence or trust between two or more parties.

Welcome Agreement I wish to buy: PPI, Mechanical Breakdown, Emergency Recovery, Shortfall Extra Insurance, Other Insurance, Other Insurance

those are the sheets we are talking about they dont show the commissions on the agreement so you dont know about them when you sign the agreement, that is called secret commissions and is a very serious offence and is viewed as a type of fraud, welcome will not defend any claim in court if the person they are up against has these sheets as evidence.

SAR content/fudiciary/default notices here
Part 18 request CPR disclosure of pre-trial information

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Medicare BA HA HA HAAAAAAAAAAAAAAAAAAAAA - UH -HAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAA

*GASPING*
* CAN'T BREATHE*
TFF

Welcome I have a loan with Welcome which is currently one payment in arrears (for the first time in over 3 years of "business" with them)...In the last couple of days I have had 2 voicemail messages stating that I am now being charged £25 per day "as per the terms of my agreement" until I clear the arrears

Weeping

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

those quotes from above are interesting as i wrote them originally on another forum we will not name

i made welcome produce the underwriting sheet ref welcome elite brokers under a court order

they could not get out of wilson v hurstanger and fudiciary duty

thats how i got my loans written off by the court and welcome never appealed

welcome elite brokers is not on any register, it is just another way welcome screw the consumer ,

welcome flogg the insurance, then pays itself commission for doing it at the customers expense

as stated, welcome do not abide by statute legislation. where welcome screewed up with me was that they sent the underwriting sheet with welcome elite brokers in my SAR.

THEY THEN DENIED IT AND THE COURT ORDERED THEM TO PRODUCE THE ORIGINAL DOCUMENT

GAME OVER

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Thankyou miliitant, and all understood. I was aware of some of those factors from an LB post from you I also read, although not neccessarily which 'other-forum' post you refer to. No matter.

I didn't know you court-ordered Welcome to produce Welcome Elite Brokers underwriting sheets.
Was that via a CPR part 18?

Letter received from Welcome
Letter from Welcome Financial Services Ltd, Customer Complaints Department - but not from the lady who wrote last time requesting ID. This is from a gentleman.

However the letter states that he cannot verify my identity, and unfortunately asks for further proof of it.

I will be re-sending the original reminder letter with ID tommorrow, 'Signed For', with Special Method 1 as outlined in PM to you, miliitant, today.

No letter from MKRR
At midnight, this may well constitute a CCA Request default at law.

I will in any case be re-sending the original CCA Default letter tommorrow, 'Signed For'.

New letter to Direct Group
I telephoned them today and recorded the call.

Unfortunately, the customer service agent asked me to send a DPA SAR with £10 cheque, although she assured me they would have documents as far back as 2004.

This SAR will be sent tommorrow, also, 'Signed For'.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

they could not get out of wilson v hurstanger and fudiciary duty

GAME OVER

"Typically, a fiduciary prudently takes care of money for another person.

A fiduciary duty is the highest standard of care at either equity (principles) or law (strict rules). A fiduciary is expected to be extremely loyal to the person to whom he owes the duty: he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents"

One is tempted to ask oneself, Mr Militant, how many 'fiduciaries' deprive the market of £200m - and how often!
Ditto how many ruin their clients' credit files unjustly.

:beagle::tinysmile_kiss_t4:

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Fudiciary duty is based on trust. Trust is a heuristic decision rule, allowing the human to deal with complexities that would require unrealistic effort in rational reasoning.

Heuristic refers to experience-based techniques...where an exhaustive search is impractical, heuristic methods are used to speed up the process of finding a satisfactory solution.

Which brings us back to selling techniques, quite nicely.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Emerging Remedy Process (work in progress)

Welcome to be asked to halt and undo the imbalance of the situation by:-

• acknowledging void ab initio or void state of contract due to lack of consideration (no insurance) and other factors
• admitting to other torts involved, including causing me to drive on the road without insurance [or tax disc]
• apologising to all parties concerned, including myself, in writing
• writing to all parties to whom debt has been assigned; apologising; admitting tort; demonstrating to me that this has been done, in writing
• ensuring all credit reference agencies remove both debts from my file; demonstrating to me that this has been done, in writing
• voluntarily giving restitutionary damages to me for offering an unfair and unlawful contract, unlawfully sold through agents; obtaining money by coercion, fraud and manipulation, including temptation; [lending money which did not exist]; adding very high charges for interest and any other reasons; and willingly attempting to force economic enslavement on myself in order to unjustly enrich themselves from a relationship in which it was recognised I had little or no bargaining power, including the use or misuse of court officials and credit reference agencies
• refunding all payments taken unlawfully, and setting them off against reasonable selling value of car (£4,000) plus the sum loaned in the personal loan (£750) only
• compensating me for nuisance, distress, damage to reputation and health, housing and financial issues through the ruination of credit file and for ignoring my complaints and all other maladministration, including compliance issues
• compensating me for hurt to feelings and cause of mental hopelessness; for breach of fudiciary relationship including wrong advice in cancellation of PPI policy after performing statement of needs; for causing loss of opportunity in health (dental loan), housing (renting, and hope of mortgage) and financial (credit rates of interest) issues in my life; and for ruin to reputation; and for all my neccessary expenses and labour spent in my rectifying the matter, including jurisprudence; and to compensate for loss of earnings, and ability to choose the type of work I want to engage in. My time chargeable as highly skilled and conducted in such circumstances caused by Welcome, at £25 per hour, minimum
• and finally, compensating me for wasting my time and spoiling my enjoyment of the car and personal loan;for making distressing and nuisance phone calls, including when I was severely ill; and for committing similar offences against fellow citizens to their permanent and ongoing distress and mine
• writing an apology to me for engaging high court enforcement officers after ignoring written complaints from me about the nature of their contracts
• making a donation to Legal Beagles of £1,000 and paying miliitant, should he so wish it, and should he wish to reveal his true and proper identity to them, £550 in advocacy fees, these sums not in any way affecting the balance of payments between Welcome and myself
• agreeing not to raise any of these issues again (estoppel)
• doing all of the above within a strict time date
• failure to comply will result in legal action, initiated by myself

CAUTION: the use of square brackets ([]) in this documentation indicates those factors that I consider at time of writing may or may not be valid at law.

This remedy is not meant to be punitive, but restorative, in the sense of rescission, even though legally it may be past its due date for such considerations. I am relying on equity (the principles of law) here, as opposed to law (the strict rules).

Vulnerable parties to misfeasance cannot be expected always to bring on court actions for themselves, especially when they are struggling with repayments on something they never actually owned, have little or no legal experience, and Legal Aid is not applied to such cases.

In my case, being a low earner with a poor credit history, I was also living in poor housing and moving regularly; in pain and unable to afford the dental treatment I still need; unable to borrow to assist my business; and being forced to borrow small sums at high rates when in difficulties this year.

I also fit the criteria as laid down by DSMIV of adult attention deficit disorder. "Untreated adults with ADHD often have chaotic lifestyles, may appear to be disorganized..(and can often go undiagnosed, as I am myself, as there is a) possibility that high intelligence or situational factors can mask ADHD" (Wikipedia). Characteristics include changing jobs, homes and other factors frequently, impulsive behaviour and low ability to stay focussed and taking tasks to completion, coupled with the ability to hyper focus at times, especially when something is new, stimulating or exciting, and/or offers some immediate or quick reward. There is no doubt that many such adults would be living like me, be sub-prime borrowers or worse, and be prey to such selling techniques and making such mistakes otherwise as I have been.

I hope that this document may in some material measure prepare the way for further just compensation claims, in which it is seen as balanced and rational to consider all parties' interests to matters such as these, and, from time to time, to admit your own failings. I hope such activities may help those otherwise vulnerable and again open to further exploitation by 'reclaim companies' who may or may not apply sufficient exertion or detailed effort to individual applications such as advised here. That notwithstanding, this document is in no way to be taken as a formula to be applied unilaterally, at any time. I offer it merely as an example of the basis of a developed, rational, informed and moral proposal, which may yet be improved upon, to the satisfaction of all parties. If anyone loses, we all lose.

I thank Welcome for the car and loan.

Lastly, I am open to advice from forum members as to improvements in the balance of fairness and content weighed in this document, between Welcome and myself.Thankyou.

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

but please wait until you have your SAR

softly, softly

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

but please wait until you have your SAR

softly, softly

So softly not a twig was heard breaking, my friend :tinysmile_kiss_t4:

[Bill-K]

Re: Hello from Christian - Welcome/MKRR problem

Christian,

Thank you for your kind personal comments earlier. I can't help much with legalities, which I see Militant is dealing with admirably, and I'm so glad (and impressed !!!) that he has been able to work so well with your distinctive style of posting. I think I realise that what may look like chaos or madness to most casual readers is in fact your method of using the thread as a repository for the myriad facts and figures which would otherwise be forgotten. I think I can now see that you are slowly but surely assembling a very carefully-considered strategy.

I just want to give you and Militant my congratulations on your efforts with this so far. Well done, guys - stick at it.

Oh...PuffRose recently posted this question:

What is the first sign of Madness ?

[Bill-K]

Re: Hello from Christian - Welcome/MKRR problem

What is the first sign of Madness ?

...Suggs walking up your drive.