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Thread: Totally at wits end with Welcome finance HELP

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  1. #1
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    Default Totally at wits end with Welcome finance HELP

    Hi, a newby here so please be gentle. I'm literally at my wits end and don't know what to do. I fell into a debt spiral with Welcome and eventually had loans requiring securing on my home. The last loan I got £17k was NOT secured on my property, at the time I didn't know. Sometime later the debt spiral exploded and I lost my house, however at the court hearing they only had my mortgage down as the only secured loan. Tried to explain and they weren't having any of it and repossessed my home. Welcome came after me and took me to court, placing me with an attachment of earnings order. Contacted young and pierce welcomes solicitors to be told that I would never ever be rid of the debt from £17k now stands at £53k as every 6 years they would take me back to court. This is exactly what they've done again, I've had nothing from the court or welcome etc but still paying my attachments of earnings. Is there anything I can do, welcome won't respond funnily enough neither will the land registry either. I have confirmation the last loan wasn't secured but why won't any one help me? I feel I can't go on 😞 cheers

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    Default Re: Totally at wits end with Welcome finance HELP

    Good morning, welcome to LB,

    Have you ever asked Welcome to produce a copy of the agreement for this loan?
    You say "they have taken you back to court again" what exactly have they done and have you had an order from the court, new claim?
    I suggest you send Welcome a Request made under the provisions of sections 77/78 of the Consumer Credit Act 1974 (CCA Request) See template in green box above.

    There is a £1 statutory fee for this use a postal order for this, mark it " For Statutory Fee Only " and send by signed for post check delivery date and signature.
    I suspect there may be issues with any agreement given the appalling quality of Welcome's paperwork.


    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Totally at wits end with Welcome finance HELP

    Many thanks for the welcome. Welcome financial services never supplied me with any paperwork/agreement or nothing at the time of the loan. Since then I have phoned numerous times and written at least 5 occasions but received nothing in return, not even an acknowledgment to my letter. I contacted the land registry whom confirmed that only my mortgage was registered against my home. Welcome took me to court in 2009 and had a judgement entered against me despite an appeal to the court. The court granted in their favour and I received an attachment of earnings order. It was then granted again in 2015 without any form of paperwork been sent by either welcome or the court which I find well, unacceptable to say the least. If of thought the court would at least be fair????? Young and Pearce did state they would "simply" take me back and forward to court every 6 years. His was said during a conversation in 2009, sadly that's exactly what they've done. I tried an IVA but as they have majority debt they refused the IVA. I'll be 93 years old before its paid off and I feel that it's down to them not registering the secured loan as they should do as it would of been paid off when my home was repossessed? Cheers

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    Default Re: Totally at wits end with Welcome finance HELP

    Quote Originally Posted by Selfconfessedlunatic View Post
    Many thanks for the welcome. Welcome financial services never supplied me with any paperwork/agreement or nothing at the time of the loan. Since then I have phoned numerous times and written at least 5 occasions but received nothing in return, not even an acknowledgment to my letter. I contacted the land registry whom confirmed that only my mortgage was registered against my home. Welcome took me to court in 2009 and had a judgement entered against me despite an appeal to the court. The court granted in their favour and I received an attachment of earnings order. It was then granted again in 2015 without any form of paperwork been sent by either welcome or the court which I find well, unacceptable to say the least. If of thought the court would at least be fair????? Young and Pearce did state they would "simply" take me back and forward to court every 6 years. His was said during a conversation in 2009, sadly that's exactly what they've done. I tried an IVA but as they have majority debt they refused the IVA. I'll be 93 years old before its paid off and I feel that it's down to them not registering the secured loan as they should do as it would of been paid off when my home was repossessed? Cheers
    OK time I think for you to send that CCA request direct to Welcome lets see if they have anything at all, the words " cash cow" come to mind the way this has been handled.

    Are/were you employed when they first to0k action?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  5. #5
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    Default Re: Totally at wits end with Welcome finance HELP

    Your tale of woe is not unfamiliar. A £17k debt becoming £53k needs examining to say the least.

    Can you clarify if this debt is the one with a CCJ possibly adding 8% interest post judgment, followed by an Attachment of Earnings. I ask because you said there were other Welcome loans and your home was previously repossessed as a result, so I'm wondering if it's the shortfall from that incident.

    When did you open this account and when did you get the CCJ (possibly 2009)? Were you a Litigant in Person at the time of these proceedings or did you have legal help?

    What was the reason you were taken to court again in 2015 (AOE?) and what happened at the hearing?

    They may say they will take you to court every six years but that doesn't necessary mean they'll win every time. Is there a specific legal threat at the moment?

    You could do without this albatross around your neck until you're 93.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    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 are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #6
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    Default Re: Totally at wits end with Welcome finance HELP

    Quote Originally Posted by Selfconfessedlunatic View Post
    Hi, a newby here so please be gentle. I'm literally at my wits end and don't know what to do. I fell into a debt spiral with Welcome and eventually had loans requiring securing on my home. The last loan I got £17k was NOT secured on my property, at the time I didn't know. Sometime later the debt spiral exploded and I lost my house, however at the court hearing they only had my mortgage down as the only secured loan. Tried to explain and they weren't having any of it and repossessed my home. Welcome came after me and took me to court, placing me with an attachment of earnings order. Contacted young and pierce welcomes solicitors to be told that I would never ever be rid of the debt from £17k now stands at £53k as every 6 years they would take me back to court. This is exactly what they've done again, I've had nothing from the court or welcome etc but still paying my attachments of earnings. Is there anything I can do, welcome won't respond funnily enough neither will the land registry either. I have confirmation the last loan wasn't secured but why won't any one help me? I feel I can't go on  cheers
    Hi,

    Ive been through repossession personally when i was a teenager, my parents home was taken unlawfully by the Mortgage Corporation, however thanks to the help of a good duty solicitor they managed to overturn the order and get their home back. Dont give up hope as there may well be light at the end of the tunnel.

    To be able to help, we need a little more detail. When you were taken back to Court most recently, what was this for? do you perhaps have a copy of the Court order that you can post with personal details removed?

    I would hold fire on making a s77 request, this can be refused if you have a judgment already, as the duty to comply only endures where there is a debt owing under the agreement, when Judgment is entered the debt merges with the Judgment and s77 no longer applies.

    Lets get the facts straight first before we move forward.

    Do you have a copy of the final agreement?
    Do you have copies of the previous agreements?
    Do you have the Court papers for this matter?

    There are a number of points going through my mind here at the moment, one is whether an unfair relationship challenge could be brought against the creditor, but again its difficult without a fuller explanation as to what has occurred.

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