Welcome finance/mkdp charge

[Exeterbay]

Hi all

I have a legal charge on my property according to land reg is owned by Welcome finance but the debt on credit expert is owned by MKDP. i know Welcome sold the debt to MKDP et al so does that mean as welcome have been paid for the debt they no longer own it so the charge should be lifted and the mkdp is now a non secured debt?

Also i SAR'd or CRA'd Welcome and recieved all the info on my account the credit agreement is illedgable and the default notice has incorrect dates giving me less than 14 days to pay - where do i stand on this? happy to go into more detail if required but i just wanted to get the feel for what people think at this stage!!

many thanks

[Exeterbay]

Re: Welcome finance/mkdp charge

Hi can anyone help? I've not heard from any one!!!

[Brainmelt]

Re: Welcome finance/mkdp charge

Hi Exeterbay
have a read around the site for peeps in the same situation as yourself whilst you are waiting for someone to get back to you.

in the meantime you may also want to google Charging Orders - my understanding is that the CO (restriction) stays on the property until the 'debt' is paid off or taken from any equity on sale of the property.

my understanding is that when debts are sold on, the debt is sold on for pence in the pound so your debt will not have been cleared by someone else - you are still responsible for paying it unless you can argue a good reason not to i.e. unenforceable etc.

Did Welcome (original creditor) get a CCJ against you to enable them to get the CO?
is your property solely or jointly owned? this is apparently important because it affects the type of restriction that can be put on the property.

Hopefully someone will get back to you soon. i know it can be frustrating whilst you are waiting, but i guess those with the experience on here have periods when they are really busy and sometimes things may get missed.

[Brainmelt]

Re: Welcome finance/mkdp charge

Hi Again

thinking on it, if CCJ and CO it may well be too late to challenge whether the doc's are readable or not.

better bet maybe to look at recoverable charges i.e. PPI/credit card penalties (if this applies) and use any refunds from this to offset/pay towards clearing the CO.

you will still owe the debt to whomever the new owner of the debt is, but will claim recoverable charges from the original creditor.

[Exeterbay]

Re: Welcome finance/mkdp charge

Hi brainmelt, thanks for responding I know everyone is busy so not a problem!

I don't think Welcome had a CCJ to put CO on as there aren't any registered,
The house is my name only,
Is the fact that default notice has incorrect info and 'apparently' had required legal info missing not a reason to argue unenforceable? I hear lots of things about wrong dates and lengths of time on these defaults including unreadable?
Thanks

[Kati]

Re: Welcome finance/mkdp charge

:bump: for @nemesis45 and @Amethyst xx

[nemesis45]

Re: Welcome finance/mkdp charge

:bump: for @nemesis45 and @Amethyst xx

Thanks [MENTION=49370]Kati[/MENTION]

[nemesis45]

Re: Welcome finance/mkdp charge

Hi brainmelt, thanks for responding I know everyone is busy so not a problem!

I don't think Welcome had a CCJ to put CO on as there aren't any registered,
The house is my name only,
Is the fact that default notice has incorrect info and 'apparently' had required legal info missing not a reason to argue unenforceable? I hear lots of things about wrong dates and lengths of time on these defaults including unreadable?
Thanks

Hello Exeterbay,

When was the CO placed?

The illegible " agreement" fails the " easily legible in all parts rule and a defective DN are not
unusual with Welcome accounts.

For accurate data on Judgements check Registry Trust ( Trust Online) if you have had more than
one address in the relevant time period you will need to check all the addresses, there is a small
charge for each search.

nem

[Exeterbay]

Re: Welcome finance/mkdp charge

Thanks NEM!
There's no CCJ for sure do does that make a difference?
DN is defo not correct so advice on where to take this would be most grateful!

Thsnks

[kazz04]

Re: Welcome finance/mkdp charge

Hi, iam not an expert. Didn't welcome finance go bankrupt.
I have an old debt with them, which I don't bother at all. Everything they done was illegal. When I lost my job they called me into their office and made me sign a loan document. Never trust them.

[nemesis45]

Re: Welcome finance/mkdp charge

Hi, iam not an expert. Didn't welcome finance go bankrupt.
I have an old debt with them, which I don't bother at all. Everything they done was illegal. When I lost my job they called me into their office and made me sign a loan document. Never trust them.

Welcome Finance remains ( remained only to collect outstanding debts) either by pursuing the debts or selling
them on to debt purchase companies.

nem

[nemesis45]

Re: Welcome finance/mkdp charge

Hi, iam not an expert. Didn't welcome finance go bankrupt.
I have an old debt with them, which I don't bother at all. Everything they done was illegal. When I lost my job they called me into their office and made me sign a loan document. Never trust them.

Illegal I doubt unlawful maybe.

nem

[Exeterbay]

Re: Welcome finance/mkdp charge

I just want to get the charge off my property as I want/need to sell, supposed amount is £9k, no equity in property so what do I do?