DCA Vs Ladidi

[Ladidi]

Hi everyone,

I am hoping that curlyben will be able to help me here having read on someone else`s thread that DCA is his/her speciality.

The problem I have is this, I had a loan with Welcome Finance, I fell behind, could not afford to catch up or make payments due so they filed it off to Howard Cohen and Co who filed to court. They won in court and had the debt turned into a charge onto our home, which means we cannot sell unless we get enough to pay off them as well.

They went back to court again in august to have this registered again and have since written to me to request payment or to force me into court to explain my my income and out goings etc or to have me committed to prison for non payment.

Monies are being paid here there and everywhere and we are lucky if I have enough left to get to and from work half the time. I wish I never bought the house, it has been nothing but a pain in the ass ever since and with rising costs going through the roof and all the these so called companies jumping up and down demanding monies for which they are not entitled and know they will have to repay just makes me sick. We seem to be going from one disaster to another.

I have my paperwork somewhere, what I will do is scan it for your attention Curlyben to see what you make of it all, thats if you can help me at all. I will do this tomorrow as it is late now and hubby is asleep for work tomorrow.

[Amethyst]

Re: DCA Vs Ladidi

prison? twats

what have they had registered again? when they won the original case they got a CCJ with a forthwith order ? which they then turned into an interim charge on the house, then a final charge on the house. That should be it. Were installments ordered by the court at all ? Have you arranged anything with welcome/cohen to pay installments?

All they could possibly do it take you to court to get a sale order on your home or make you bankrupt. Thats all.

You will have submitted your income expenditure at the court - oh did you attend/defend ?

Yep get the paperwork up/emailed - inc the court stuff and the original loan agreement.

Have you done a list of all your debts and income/expenditure we can take a look at ?

[Curlyben]

Re: DCA Vs Ladidi

Interesting stuff.

So what was the Welcome Finance loan and what was the details of the CO judgement ?

As ever it seems Cohen's are talking Bovine Excrement.
Prison indeed.
I hope you have that statement on writing as it WILL come back to haunt them

Ps I'm a BLOKE.

[Guest]

Re: DCA Vs Ladidi

I suspect they mean that failing to complete an income and expenditure, or submit to an Order to Obtain Information from a Judgment Debtor, which has been ordered by the court, could mean that you are held in contempt of court. The ultimate sanction for which is committal to prison under the Contempt of Court Act 1981. I doubt very much that even Welcome Finance believe that they can send people to prison for non-payment.

Notwithstanding that this is very unlikely to happen, it often amuses me that companies write, approve and then send out these grossly impertinent letters, littered with pseudo-threats regarding several criminal offences that they presuppose the recipients will commit.

It is juvenile and unnecessary and regardless of anything else you do, you ought to send the OFT a copy of the letter you refer to as it would appear to be a clear breach of their guidelines on debt collection regarding unfair business practices.

[Ladidi]

Re: DCA Vs Ladidi

Hi everyone, I have abusy couiple of days and not had 5 minutes to myself for anything let alone to sort out money worries. I have all the paperwork. Iwill dig it out and post in here for you to see.

The income and expenditure was already filed to court. I offered them 10 per month. Due to rising costs this has not been met, but however they had the debt turned into a charge against my home. I felt that as they have done this they cannot ask for money as well. Last letter we received was warning me if I do not being payments up to date, I will be forced into court to explain my circumstances which have already been explained god knows how many times, If i do not comply they shall request that I committed to prison words to that effect..
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I am looking for my paperwork here guys and it appears 2 DCA's have filed an interest in my house for same said debt and both have been granted by the court! There was only one debt! one of the companies was Lewis Group and the other Howard Cohen!!

[Guest]

Re: DCA Vs Ladidi

That is as I stated, they will apply for an Order to Obtain Information from a Judgment Debtor and if you fail to attend or to provide information, they can, in exceptional circumstances, find you in contempt, which means you could be jailed.

This is highly unlikely however and it is much more likely that you will find yourself with extra costs and possibly other sanctions as committal to prison is very rare.

However, they can still ask for their money, regardless of the fact that they have converted the unsecured loan to a charge against your property and in fact, if you continue to fail to pay them, or provide them or the court if ordered to do so, with some concrete reasons why you cannot or should not pay, they can apply for an Order For Sale.

[TANZARELLI]

Re: DCA Vs Ladidi

The more info you can post up the better Ladidi.

[Ladidi]

Re: DCA Vs Ladidi

Surely no 2 DCA`s can have the same attachment for the same said debt?

[Ladidi]

Re: DCA Vs Ladidi

Curlyben I have sent you an email with all details enclosed. I have sent all the documents I can find, my hubby has put the latest letter away so I will ask hom where this is in the morning.
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It seems I cannot send you an email from here as I cannot include attachments. Do you have a pvt email you dont mind me having so I can send it to you. Thanks Ladidi