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Please help....Welcome Finance Nightmare

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  • Please help....Welcome Finance Nightmare

    I am new to this but really need some help with Welcome Financial Services. In 2006 we took out a loan for £7K and then upped in within a few months to £10K. We suffered financial difficulty and the loan is now in default and currently with the department at the stage before going to court with all interest frozen etc.

    We have been paying £250 a month for the last year since going to this department but in the last couple of months my sitution has gone temporarily to pot!!! The Inland Revenue have reduced my tax code to 194L due to an error back in 2009 and subsequently my pay has gone down one hell of a lot. This is hopefully in process of being rectified and am hoping that in the next few weeks everything will be back to normal :-)

    This nightmare has meant that I have had to reduce payment with my creditors temporarily and 99% of them have understood and said "yes mrs suebus thanks for letting us know etc etc" Welcome however have been awful and at one point told me that they wouldnt accept a reduced payment from me to the next breath biting my hand off for it. Now I have very little to last me the month until next pay day but I have had yet another call from them at work when I have asked them and my boss has told them not to phone me here!!! I am not entitled to an early settlement (sorry if thats not the right term) as I wanted to save up the money and just get rid as I am only 71% bad debt and need to be 80% or something and I had a payment change at some point. I have paid them £16,060.34 and still owe £4851.51 and feel as if I am stuck in this trap I will never get out of.

    They are now demanding bank statements and for me to recommence payment immediately. I have said that if they send me a DD mandate I will recommence on my next pay day but will not send in my bank statements. He said I will have to return mandate by 15/06/13 which is fine if I get it on time with my bank statement. If I do not recommence payment he told me they are going to get (not going to court to request) an attachment of earnings on my salary. Where do I stand, how can I get out of this mess??? If anyone can help me with this I would really appreciate it. I have 3 kids a bad heart and really dont need the stress! :-( Oh there is no PPI on the account, I had that back and they refinanced the loan because of it 3 years ago. This is my last mistake that I need to rectify financially but its also the worst
    Tags: None

  • #2
    Re: Please help....Welcome Finance Nightmare

    Hi and welcome!

    They have no right to ask for your bank statements! :nono: :rant:

    They can't get an attachment of earnings just like that, they DO have to go to court AND get a CCJ against you first, THEN they *could* apply for an attachment of earnings, but this usually only happens when the debtor fails to maintain the agreed CCJ payments. As you can see, you are a long way from that, they are just using those arguments to scare you into paying! :mad2: :mad2: :mad2:

    Was this an unsecured loan?

    Comment


    • #3
      Re: Please help....Welcome Finance Nightmare

      No it is secured I am trying to find my agreement, I know I have it somewhere, its just where!!!

      Comment


      • #4
        Re: Please help....Welcome Finance Nightmare

        How much was the loan for?

        Welcome are being totally unreasonable in their behaviour and are breaking several codes of good practice. Have you thought about going to somewhere like CAB to see if they will contact Welcome on your behalf either by phone or in writing? A letter from a debt charity might make them take more notice.

        I'd be inclined to go to CAB and ask them to contact Welcome; if you have any problems, feel free to pm me as I may well be able to help.

        Comment


        • #5
          Re: Please help....Welcome Finance Nightmare

          The loan was eventually for £10,000 and taken out in March 2006. We ended up letting it go to default as after 6 years we still owed £7,000 but once we had defaulted they stopped the interest and now the balance is reducing. They told me we should have sent in bank statements at the start of the loan for affordability and thats why he needs to see it now. This strikes me as very odd and I feel something underhand is happening with Welcome!

          Comment


          • #6
            Re: Please help....Welcome Finance Nightmare

            Originally posted by suebus View Post
            The loan was eventually for £10,000 and taken out in March 2006. We ended up letting it go to default as after 6 years we still owed £7,000 but once we had defaulted they stopped the interest and now the balance is reducing. They told me we should have sent in bank statements at the start of the loan for affordability and thats why he needs to see it now. This strikes me as very odd and I feel something underhand is happening with Welcome!
            That is absolute rubbish. If they did not check affordability at the start of the loan, or get proof of it, they could potentially be in some trouble - don't send them bank statements.

            Are you sure this is a temporary blip and you will be able to afford and sustain the higher payment rate again soon, or is the position one where ideally you'd prefer to be repaying a bit less to make it more affordable?

            Comment


            • #7
              Re: Please help....Welcome Finance Nightmare

              Originally posted by labman View Post
              That is absolute rubbish. If they did not check affordability at the start of the loan, or get proof of it, they could potentially be in some trouble - don't send them bank statements.

              Are you sure this is a temporary blip and you will be able to afford and sustain the higher payment rate again soon, or is the position one where ideally you'd prefer to be repaying a bit less to make it more affordable?
              Ive seen some welcome agreements, and i stress some not all, that are unenforceable.

              Now this is a secured loan, so if they made errors, you may be entitled to all the money back that you paid welcome.

              Its crucial that you get the agreement though, as without that document its going to be difficult
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment


              • #8
                Re: Please help....Welcome Finance Nightmare

                Thank you. I think I will send for a SAR and get everything, it will be funny to see the notes they make about me after a telephone call!!!! I am confident we will be able to make the payment once my friend the tax man sorts things out but with the IR who knows how long it takes, has been 6 weeks so far!!!

                Comment


                • #9
                  Re: Please help....Welcome Finance Nightmare

                  Originally posted by suebus View Post
                  Thank you. I think I will send for a SAR and get everything, it will be funny to see the notes they make about me after a telephone call!!!! I am confident we will be able to make the payment once my friend the tax man sorts things out but with the IR who knows how long it takes, has been 6 weeks so far!!!
                  Id suggest that you should make a request under s77(1) Consumer Credit Act 1974 for a copy of your credit agreement also.

                  The s77 request costs £1.00 to make but has consequences if the creditor cannot comply, whereas a SAR doesnt have such consequences
                  I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Pt@roachpittis.co.uk .

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment

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