thephoenix v welcome finance

[Amethyst]

Re: thephoenix v welcome finance

yep I have hun. Am waiting for an opportunity to go through it with tools. will get back to u asap. still not promising anything mind....lol.

[thephoenix]

Re: thephoenix v welcome finance

ayup .......... Don't suppose........:rolleyes: :kiss::kiss::kiss::kiss::kiss:

[iancognito]

Re: thephoenix v welcome finance

............msl:

[thephoenix]

Re: thephoenix v welcome finance

wotttt?????? wot ya larfin at????:roll::roll:

[Amethyst]

Re: thephoenix v welcome finance

she's being a pesky pest..... right after the weekends festivities I'll going to chain Tools to a chair tonight and make him go through your agreements and indemnity clauses and everything with me.......so hopefully we'll have something tomorrow...even its a yep fine whooooosh lol.

[thephoenix]

Re: thephoenix v welcome finance

arrrrr thank you...... you, diamond you....... :kiss:

but what about prison break, new series starts tonight 10pm... don't miss it !!!!!

[thephoenix]

Re: thephoenix v welcome finance

if you have to nail Tools to the floor, do it. Chaining doesn't seem to have worked my dear. :bath::jd:msl:

[Paradox]

Re: thephoenix v welcome finance

[thephoenix]

Re: thephoenix v welcome finance

msl:msl:msl:msl:msl:

[pam1]

Re: thephoenix v welcome finance

what's this i hear about welcome gone bust? is it true, is the letter gonna be posted up here?
sounds interesting

Hi phoenix there was mention of one person receiving a letter but not seen anything scanned to any site yet.

By the pre tax profits i was looking at today they have no worry at all, cattle's is big.

8th down on the list of lenders in the UK.

No such luck I'm afraid, although 2 prospective take overs have not completed, Welcome say they are not happy with what is on the table.

I think it may be more to do with once finding out what your buying would you want a piece of it:roll:

[thephoenix]

Re: thephoenix v welcome finance

I'm in the mood to be a pest Amethyst.

[thephoenix]

Re: thephoenix v welcome finance

Thanks for your comments on this one Ame

FYI I've dug out some info that Stephensons sent me a while back, just to highlight some points:

I did an SAR on welcome, which stephensons have. On first inspection they raised a couple of points on the agreement.

1) was the PPI optional or a condition of the loan being granted?
from memory I can't remember but as a rule of thumb, we don't take out PPI as it's a waste of money.

2) There appears to be a fee for a broker, £1335 disbursed to IBTR. DID WE USE A BROKER?
Again from memory, i don't think we did, we went straight to welcome.

I'd of thought the above info would be within the SAR

Issue's that stephensons have stated to the appeals section of LSC:

"......who have good prospects of establishing that the agreements are unenforceable on appeal due to the misclassification of a so-called 'mortgage indemnity fee' as a charge for credit rather than as credit. As you will recall the opinion of Anthony Scrivenor QC in the analogous case of Griffiths v welcome financial services, leading council considered that such an action would probably be unsuccessful at first instamce but that there would be good prospects of an appeal succeeding."

[Amethyst]

Re: thephoenix v welcome finance

Is there case law to back up the classification of mortgage indemnity fee as a charge for credit ?

[thephoenix]

Re: thephoenix v welcome finance

nice question, guess what i've been doing for the past 2 hours, yep reading case law on regulated credit agreements. ZZZZZzzzzzz lol

Found a few but none on actual indemnity inclusion, see below

http://www.bailii.org/ew/cases/EWCA/Civ/2000/278.html excellent reading, a bit long and repetitive but brilliant. It make reference to the Consumer Credit (Total Charge for Credit) Regulations 1980 SI No.51 & Consumer Credit (Agreements) Regulations 1983 SI 1983 No:1553 & also Human Rights Act 1998.

The two consumer credit regulations above go into more detail on the prescribed form of regulated agreements and what can and can't be added to the ' amount of credit' to a loan.

I CAN'T FIND THE REGULATIONS ANYWHERE, BEEN PULLING MY HAIR OUT. SEARCHED MANY LAW SITES SUCH AS SWARB, BAILII, BAILII-JISC SUPPORTED LEADING CASES ETC.
PLEASE HELP ME FIND THEM, BOO HOO, BOO HOO

[Amethyst]

Re: thephoenix v welcome finance

god case laws a bugger....wonder if i can still get into lexis