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Secured Loan CCA 1974 Regulated Loan Agreement

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  • Secured Loan CCA 1974 Regulated Loan Agreement

    If a lender ceases trading, can the loan be assigned even if there is no clause stipulating this in the original agreement ?

    Also if permitted will all the original terms and conditions be the same including interest, any default fees, charges etc ?

    Can charges be altered or increased if passed on ?

    Thank-you
    Last edited by Bazza; 26th February 2016, 16:29:PM.
    Tags: None

  • #2
    Re: Secured Loan CCA 1974 Regulated Loan Agreement

    Originally posted by Bazza View Post
    If a lender ceases trading, can the loan be assigned even if there is no clause stipulating this in the original agreement ?

    Also if permitted will all the original terms and conditions be the same including interest, any default fees, charges etc ?

    Thank-you
    :bump:

    Thank-you

    Comment


    • #3
      Re: Secured Loan CCA 1974 Regulated Loan Agreement

      [MENTION=48934]Debt Camel[/MENTION] [MENTION=1508]Nibbler[/MENTION] [MENTION=6]Amethyst[/MENTION] ... any ideas??
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Secured Loan CCA 1974 Regulated Loan Agreement

        Originally posted by Bazza View Post
        If a lender ceases trading, can the loan be assigned even if there is no clause stipulating this in the original agreement ?

        Also if permitted will all the original terms and conditions be the same including interest, any default fees, charges etc ?

        Can charges be altered or increased if passed on ?



        Thank-you
        Hi is the company/ lender ceasing trading because of insolvency?

        nem

        Comment


        • #5
          Re: Secured Loan CCA 1974 Regulated Loan Agreement

          Originally posted by Kati View Post
          @Debt Camel @Nibbler @Amethyst ... any ideas??
          Many Thanks Kati

          Hopefully someone may be able to answer.

          Comment


          • #6
            Re: Secured Loan CCA 1974 Regulated Loan Agreement

            Originally posted by nemesis45 View Post
            Hi is the company/ lender ceasing trading because of insolvency?

            nem
            Yes Nem, the lender is no longer selling but only collecting outstanding debts.

            Cheers

            Comment


            • #7
              Re: Secured Loan CCA 1974 Regulated Loan Agreement

              Originally posted by Bazza View Post
              Yes Nem, the lender is no longer selling but only collecting outstanding debts.

              Cheers
              Welcome Finance Ltd?

              If so the "paperwork" is probably highly suspect!

              nem

              Comment


              • #8
                Re: Secured Loan CCA 1974 Regulated Loan Agreement

                Originally posted by nemesis45 View Post
                Welcome Finance Ltd?

                If so the "paperwork" is probably highly suspect!

                nem
                Lol Nem how did you guess !

                I have looked everywhere for the relevant clause and cannot see anything confirming.

                I am just a bit suspicious as I recently found out that they are closing my collections branch and since advised they have been continuously contacting me with reduced settlement offers instead of chasing a disputed arrears amount.

                When I asked what will happen once closure and if the account will be sold on, Welcome declined to comment.

                Hence my original question as to whether there should be any stipulation regarding transfer within the regulated agreement.

                Cheers

                Baz

                Comment


                • #9
                  Re: Secured Loan CCA 1974 Regulated Loan Agreement

                  Originally posted by Bazza View Post
                  Lol Nem how did you guess !

                  I have looked everywhere for the relevant clause and cannot see anything confirming.

                  I am just a bit suspicious as I recently found out that they are closing my collections branch and since advised they have been continuously contacting me with reduced settlement offers instead of chasing a disputed arrears amount.

                  When I asked what will happen once closure and if the account will be sold on, Welcome declined to comment.

                  Hence my original question as to whether there should be any stipulation regarding transfer within the regulated agreement.

                  Cheers

                  Baz
                  Good morning Bazza,

                  Your first post on this could be a carbon copy of hundreds of complaints/ problems with Welcome accounts.

                  The T's & C's will be vague no doubt.

                  The terminology may be in the form of " we can assign our rights / interest and / or share data with ......." probably
                  well buried small print.

                  nem

                  Comment


                  • #10
                    Re: Secured Loan CCA 1974 Regulated Loan Agreement

                    Originally posted by nemesis45 View Post
                    Good morning Bazza,

                    Your first post on this could be a carbon copy of hundreds of complaints/ problems with Welcome accounts.

                    The T's & C's will be vague no doubt.

                    The terminology may be in the form of " we can assign our rights / interest and / or share data with ......." probably
                    well buried small print.

                    nem
                    Thanks nem,

                    Think I can see something under 7.GENERAL (C) You agree that we may assign the benefit of this agreement at our absolute discretion - What do you think ?

                    Cheers

                    Bazza
                    Attached Files

                    Comment


                    • #11
                      Re: Secured Loan CCA 1974 Regulated Loan Agreement

                      Originally posted by Bazza View Post
                      Thanks nem,

                      Think I can see something under 7.GENERAL (C) You agree that we may assign the benefit of this agreement at our absolute discretion - What do you think ?

                      Cheers

                      Bazza
                      That's the one Bazz I have a couple of Welcome agreements in my files it's the same on all I think.

                      nem

                      Comment


                      • #12
                        Re: Secured Loan CCA 1974 Regulated Loan Agreement

                        Originally posted by nemesis45 View Post
                        That's the one Bazz I have a couple of Welcome agreements in my files it's the same on all I think.

                        nem
                        Thanks again nem.

                        Do you know anything about previous people having their Welcome Legal charges on Secured Loans revoked ?

                        I just read something on another site highlighting this but no reasons why.

                        Cheers

                        Baz

                        Comment


                        • #13
                          Re: Secured Loan CCA 1974 Regulated Loan Agreement

                          Originally posted by Bazza View Post
                          Thanks again nem.

                          Do you know anything about previous people having their Welcome Legal charges on Secured Loans revoked ?

                          I just read something on another site highlighting this but no reasons why.

                          Cheers

                          Baz
                          I remember something about non disclosure agreements when charges were removed leaving an unsecured balance payable
                          when the cases got to this stage things went quiet.

                          nem

                          Comment


                          • #14
                            Re: Secured Loan CCA 1974 Regulated Loan Agreement

                            Originally posted by nemesis45 View Post
                            I remember something about non disclosure agreements when charges were removed leaving an unsecured balance payable
                            when the cases got to this stage things went quiet.

                            nem
                            OK Nem thanks again as always.

                            I will have to do some further searching for more details.

                            Do you think the prescribe terms on the agreement look ok ? No mention of total interest payable figures ?

                            Comment


                            • #15
                              Re: Secured Loan CCA 1974 Regulated Loan Agreement

                              Originally posted by Bazza View Post
                              OK Nem thanks again as always.

                              I will have to do some further searching for more details.

                              Do you think the prescribe terms on the agreement look ok ? No mention of total interest payable figures ?
                              Hi Baz,

                              It looks ok but with WF's penchant for doing rewrites without telling the borrower it's always chancy making absolute statements.

                              I take it there's a whole wad of terms and conditions with the agreement?

                              nem

                              Comment

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