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I can't believe Welcome Finance

We have a secured loan against our house with Welcome Finance, unfortunately there is no equity in our house so they wont get a penny when we go bankrupt.

We decided at the end of last month that we would stop paying all our creditors so that we could save money for rent and the fees, so last month was the first month we missed.

I wrote them a letter a few weeks ago explaining that hubby and I were experiencing further financial difficulties taking more advice and asked if we could have a few months off to help us and could they correspond via post. As of yet I have had nothing back not even an acknowledgment.

I got home today to find a handwritten envelope through my letter box, someone had scribbled urgent and mine and hubby's first name across it. Inside was a card with handwritten "please call us urgently about your arrears" and another card saying they had done a home visit and wanted to charge us £25.

I am fuming that they have visited my house, we've had no letters stating this, and we are only one month in arrears, if this is what they are like after one month, then its going to be a nightmare by February when we do go bankrupt.

I am going to write them a really snotty letter, am I entitled to tell them that I don't think its on them visiting me at home?
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Comments

  • Neillgb
    Neillgb Posts: 574 Forumite
    This has got to be a wind up.
  • DON79
    DON79 Posts: 3,842 Forumite
    Reevesie76 wrote: »
    We have a secured loan against our house with Welcome Finance, unfortunately there is no equity in our house so they wont get a penny when we go bankrupt.

    We decided at the end of last month that we would stop paying all our creditors so that we could save money for rent and the fees, so last month was the first month we missed.

    I wrote them a letter a few weeks ago explaining that hubby and I were experiencing further financial difficulties taking more advice and asked if we could have a few months off to help us and could they correspond via post. As of yet I have had nothing back not even an acknowledgment.

    I got home today to find a handwritten envelope through my letter box, someone had scribbled urgent and mine and hubby's first name across it. Inside was a card with handwritten "please call us urgently about your arrears" and another card saying they had done a home visit and wanted to charge us £25.

    I am fuming that they have visited my house, we've had no letters stating this, and we are only one month in arrears, if this is what they are like after one month, then its going to be a nightmare by February when we do go bankrupt.

    I am going to write them a really snotty letter, am I entitled to tell them that I don't think its on them visiting me at home?


    Firstly I am pretty sure they are not allowed to do a home visit without giving prior notice and even then, you have to agree to it and they can't just turn up whenever they feel like it. If they try it again, they are in fact on private property without your permission. you can either ignore them or open the door and tell them to go away.

    do write a letter of complaint. and make it extra snotty. and try find some legal back up in the consumer credit act and the office of fair trading guidelines about this, I am pretty sure there is stuff covering this. :D

    and neilgb - why is it a wind up? There are some unscrupulous creditors who try underhand methods to intimidate people in debt to them. and illegal means too.
    BSC #215/No.1 Jan 09 Club
  • Neillgb wrote: »
    This has got to be a wind up.

    I wish it was, I was fuming when i got home! :mad:
  • DON79 wrote: »
    Firstly I am pretty sure they are not allowed to do a home visit without giving prior notice and even then, you have to agree to it and they can't just turn up whenever they feel like it. If they try it again, they are in fact on private property without your permission. you can either ignore them or open the door and tell them to go away.

    do write a letter of complaint. and make it extra snotty. and try find some legal back up in the consumer credit act and the office of fair trading guidelines about this, I am pretty sure there is stuff covering this. :D

    and neilgb - why is it a wind up? There are some unscrupulous creditors who try underhand methods to intimidate people in debt to them. and illegal means too.

    Thanks Don, i'm going to write it tomorrow at work, am far too angry at the moment, although that may be a good thing!
  • LilyBart
    LilyBart Posts: 1,171 Forumite
    Reevesie,
    There's no doubt that they're not supposed to do that without some form of warning, and that you have no obligation to answer the door even if you happen to be in at the time. But secured lenders are very unreasonable people. Somewhere in the annals of this forum is a very fierce letter about revoking the rights extended to postmen etc to walk up to your door. (Bat, is it one of yours?). We got nowhere with ours when we asked for time/reduced payments. Chap on the phone simply said "we take legal action after three months". Anyway, grit your teeth, pour a very stiff drink, and write an even stiffer letter. Will be therapeutic, even if it has no effect on them!
    Lily
  • Not exactly one of mine, i may have added bits of my own and from elswhere
    Regarding your threat that a Doorstep Collector will call please be advised that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

    Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly including but not limited to, the request of police attendance.

    Please also note that having a letterbox on the property does not give you, or anyone working on your behalf, either implied nor expressed rights to enter the properties boundaries consequently any attempt to enter the properties boundaries under the claim of using the letterbox will be dealt with in the manner outlined above.


    Furthermore Please take note, for legal reasons, and for of accountability, this matter will be dealt with IN WRITING ONLY from the date of this letter so please be advised, as you have now been informed of this, any further letters simply asking me to call you on a telephone number will be ignored.


    Or words to that effect, edit to suit
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • Oh and by the way if they are a member of a regulatory body like the CSA or simaler then it actually is unlawfull herrassment under the revised CPUTR 2008 to breach the OFT guidlines, if it is stated in the code of conduct they must not.

    one of which may be that they are not allowed to call without prior arrangement;)
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unfortunatley secured lenders are notoriously aggressive and don't give a damn about your circumstances, bloomin gits, and think they can get away with it because their loans are unregulated.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Unfortunatley secured lenders are notoriously aggressive and don't give a damn about your circumstances, bloomin gits, and think they can get away with it because their loans are unregulated.

    Are they? they still come under the CCA act to some degree i believe:confused:

    Need to do some checking if i can find the time:D
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
  • Reevesie76 wrote: »
    Thanks Don, i'm going to write it tomorrow at work, am far too angry at the moment, although that may be a good thing!


    Never respond to a creditor in anger, you need a clear head to beat them at there own game:p

    But thats not to say you cant respond in an aggresive manor;) :rotfl:

    You just need to make it legaly correct (thats the hard bit):D
    Thats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all …………. :(
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