welcome finance help needed

[Sapphire]

Re: welcome finance help needed

Ellis hang on hun I've asked someone to take a look for you, it may take a while but will get there soon.

[Ellis27]

Re: welcome finance help needed

Thank you.

[TANZARELLI]

Re: welcome finance help needed

To be honest Ellis, I wouldn't be thinking about going down the unenforcable agreement route as its a difficult route to take and following the Rankine judgment where they tried to avoid paying debts using this route I would keep it as a back burner thought which could be used if this was to go to court which would only be needed as a last resport should the FOS not find in your favour that the PPI was in fact mis-sold and poochie chose to ignore their assessment and take it to court.

Righty that is a small part of a bigger arguement for mis-selling here and can be added into a FOS complaint as an aside.

I have some useful info on my other pc upstairs which I can post up. If I have some time tomorrow then I will try to get some stuff posted up which could help in terms of wording fo rthe complaint.

[Curlyben]

Re: welcome finance help needed

Is this agreement enforceable??

If you scan and post a copy so we can have a look we'll be able to tell, but as Tanz points out this would be a serious fight.

[poochie]

Re: welcome finance help needed

We have not been threatened with court because we are payin and I only stopped d/debit after payin 1st Januarys instalment and was advised to stop payin on another site, so they due next payment on 1st February which I will pay cash(and get receipt) then set up new d/debit.
I would much appreciate help on the spreadsheet so thankyou

I also notice you can thank people on their comments but dont know how to do it so please dont think Im bein rude anyone, if someone shows me how to do it then I can thank everyone on their comments..... much appreciated

[enaid]

Re: welcome finance help needed

If you scan and post a copy so we can have a look we'll be able to tell, but as Tanz points out this would be a serious fight.

All agreements, statements etc are on post 6 on here CB.
Enaid x

[righty]

Re: welcome finance help needed

It needs reiterating but stopping payments, particularly when your able to make them, is a major step which can provoke retaliatory action & should only be done AFTER the lender has admitted (or refuses to admit) their agreement is unenforceable.

[poochie]

Re: welcome finance help needed

I appreciate everyone input on this, its all helpin me relax a little but still want to pursue this...thanx

P.S.... I figured out how to do the thanx on the comments :tinysmile_grin_t:

[Curlyben]

Re: welcome finance help needed

Now, just a quick question.
What was the original 15k loan for exactly ?

[poochie]

Re: welcome finance help needed

we bought council house and it needed re-wiring, new windows, central heating and other repairs......we also got our driveway done..... Not bein rude but does it make a difference as to why we got the loan?...Welcome were aware of wat we wanted it for and tried increasin the amount but we refused.....thanx

[Curlyben]

Re: welcome finance help needed

In this case, yes, it does make a difference.
So basically you have 3 loans, 1 unrestricted and 2 restricted.
If it had been for a car purchase then it would of been 3 restricted use loans, and therefore compliant.

Now the supplied agreement in no way complies with CCA form, and doesn't even attempt to.
So, as per s18, you do indeed have an unenforceable agreement, albeit on technicalities of form and content.

Now for you to take this to court, and it WILL end up there, you're going to require a big pair.
I would advise taking this to the FOS for action.

[poochie]

Re: welcome finance help needed

hiya curlyben and thanx for your comment but could you maybe elaborate on wat you have said..
Why do we have 3 kloans, we only have mortgage and secured loan with welcome... So your confusin me and thats easy to do :tinysmile_cry_t:
As for goin to FOS, how do I go about doin that and wat exactly do I say to them?..... Thanx for all help and advice....much appreciated

[Curlyben]

Re: welcome finance help needed

I'm referring to the paperwork from Welcome.

The 3 elements are:
Restricted use - Medicare
Restricted use - PPI
Unrestricted - 15k

Now as already mentioned I would start this off with Welcome as a PPI claim and say you will take it to the FOS if they don't comply, which they wont.

The FOS need a FINAL response from the creditor before they will even look at it.

[enaid]

Re: welcome finance help needed

OK poochie, here is a link to the letter you need to write to start off your claim, re PPI with Welcome. http://www.legalbeagles.info/forums/...ad.php?t=10646 I suggest you have a read through and decide which of the reasons for mis selling applies to you. The letter and the reasons are fully explained on there for you, if you need any help you only need to shout.
Enaid x

[scoobydoo]

Re: welcome finance help needed

Thanks everyone for your help on this one

I will have a go at helping on a separate letter regarding the supposed arrears and an explanation of charges .

Remember Poochie try and keep everything in writing and make sure you make it clear on your letters that you do not want to discuss this by telephone. Start a nice neat file of all the copy letters and notes of any previous conversations as well. Also put in any previous letters and all the statements and change of interest rates etc.