They say one day robots will replace humans in most areas. This theory has been around since the ’60s and, for the most part, it hasn’t happened yet, or has it? Looks like Nemesis45 may well be one of them robots replacing humans on Legal Beagles. In fact, a robot could do a much better job of processing information.
Here we have a newbie who’s clearly been through hell and back, had their home repossessed and their £17k loan now stands at £53k!!!! Totally-at-wits-end-with-Welcome-finance-HELP. What’s the response from Nemesis45? Send a CCA request!!!! UNBELIEVABLE!
As can be clearly seen below, Welcome Finance have taken this OP to court and obtained judgment, otherwise they couldn’t have obtained an attachment of earnings order. For a start, that means there is no longer a duty to respond to a CCA request, the judgment supersedes any agreement.
The OP also says “every six years they would take me back to court”. It’s not clear what this means, once you have a CCJ there is no need to obtain another one. As the OP mentions having several loans, maybe this refers to various loans and the £53k is the combined amount. Maybe he is referring to enforcement action, such as applying for an AoE order. One thing is clear: A CCA request will do this poor OP as much good as a pint of alcohol-free beer!
Was it regulated?
We don’t even know whether the Welcome loan(s) in question was/were regulated by the Consumer Credit Act. The bit about being taken to court “every six years” suggests this has been going on a long time. If a loan was taken out before 1998, it wouldn’t have been regulated if it was in excess of £15,000. Not all Welcome Finance loans were regulated. If it wasn’t, then the provisions of the CCA would have very little relevance.
The Land Registry hasn’t got much to say since it would appear the OP no longer owns any property. Any amount outstanding on the secured loans would have become unsecured after the OP lost their house and, from what we can see above, were probably subject to one or more court judgments (CCJs). If the OP doesn’t own property, the CCJs cannot be secured with a charging order but can still be enforced via an attachment of earnings order.
Not even scratching the surface
There are so many questions that would need to be answered before anyone can even begin to advise this poor OP, yet Nemesis has done his bit by providing his stock robotic answer: “Send a CCA request, you’ll find the template in the green box, don’t forget to send £1 with it and mark it ‘for statutory fee only’…” A ’60s robot would have done a much better job, it could have been programmed to at least link to the CCA request template.
Does it really matter if the £1 got credited into the account instead? This isn’t going to be SBd, the loan, or loans, are subject to a judgment and the CCA request is as much use as the proverbial chocolate teapot in this case.
Once upon a time Celestine said she’d rather have someone round responding, in this case it would probable be best NOT to have anyone responding if that is going to be Nem the badly programmed and rusty ’60s robot!