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 gone br but threatened that I will be arrested

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T O P I C    R E V I E W
vacs Posted - 10 October 2008 : 07:36:09


I am about to default on 1st payment on a loan with welcome finance on the 15th October. Already gone BR but worried about what they will do. Been on internet and heard they are nothing more than loan sharks and I will be arrested can anyone shed some light anyone defaulted with this company and what happend. Already had a very nasty phone call from them as they have been advised of the cancellation of my DD from the bank they said regardless of my BR i must pay or the bayliffs will call or worse a custodial sentance and be arrested from my own home.Do they just scare monger or have I a good reason to worry, I am really concerned as I have a 14 year old who has to let himself in after school as I am at work and my husband works away and is only here Sundays I have told my 14 year old nothing about my BR as I dont want him to worry.
9   L A T E S T    R E P L I E S    (Newest First)
Needafriend Posted - 10 October 2008 : 12:28:41
Hi Syn

Just adding to your reply i had the same with lloyds they are a very big pain in the arse and they dont take no for an answer either.

Good luck to you and Vacs and i hope that it gets sorted out asap.

LOL

Jo x
Your Mother Hen :-)

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Mother Hen's New Debt Free Life with Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
synaesthesia Posted - 10 October 2008 : 12:25:00
Indeed - you have a life to live and regardless of the past you need to look to the future. Stand that higher ground and you'll be fine - if anything ended up in court, you could tear them to shreds for what they're trying to do to you.

For instance, Lloyds have been a bit moronic with me for the last 3 months, making phone calls to my workplace as they don't have a number for me (as I told them being disabled I'm unable to speak to them on a phone!) as well as about 12 letters demanding that I call them. One letter to them and the Financial Ombudsman Service sent by special delivery, 3 weeks later I get one back from Lloyds.

"Sorry we've been unable to deal with your complain in a timely manner" - a standard reply to buy themselves more time.
The next day, I get a sincere (ish) apology from them in writing saying all communication will cease entirely other than in writing.
Needafriend Posted - 10 October 2008 : 12:20:39
Hi Vacs

You must be strong and as saiad stick to your guns.

Dont let them bully you its not fair and also a breach of your human rights now.

Oh mate, try not to worry please, they are not worth it :-)

Jo x
Your Mother Hen :-)

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Mother Hen's New Debt Free Life with Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
synaesthesia Posted - 10 October 2008 : 11:34:31
I'd be tempted to turn the tables on them. You're not a criminal, and being made to think you are one by a company is wrong. So wrong in fact, that I'd be writing to them about now suggesting that their practices are illegal and they should perhaps review their tapes. In the meantime, you're contacting the Financial Standards Authority/Ombudsman and copying them in with this letter. Should they continue that sort of behaviour you will make a claim for more than the amount owed by you. Banks might have it hard at the moment but all they have to do is stick to the rules. They can break the law by saying the wrong thing to you, you're not breaking the law by being in debt with them. Therefore they are nearer criminals than you are.
Slap something to that effect in a letter to them and CC it to the FSA, and when you pop it in the postbox you'll feel a nice bit of relief too.
Almost there Posted - 10 October 2008 : 10:56:06
They are absolutely right VACS, I work for a credit control company (yes I know, bit of a joke really, considering the debt I am in)!! and I have heard my colleagues tell many a worried customer that baliffs CANNOT enter your property apart from the reasons given above. Welcome Finance need shooting and exposing and it disgusts me that they behave in this manner, so please try not to worry, as mentioned above debtors prisons went out well with the ark.
sleeplessnights Posted - 10 October 2008 : 10:29:31
Can you advise the OR that Welcome are hounding you?

I thought the OR could get in touch with them and give them a stern todo.

Dont worry VACS, as the above posts mention, they cant throw you in prison.

Take a step back, and re-asses your situation. You have already gone bankrupt and advised the OR that Welcome are one of your creditors so it is in his hands.

Take care
Matt
donememoney Posted - 10 October 2008 : 09:40:11
Hello VACS: Be very very assured of the following and do not let any schister loan sharks try the threat routine...

1) The only circumstances that you can be arrested for debt is if this money is owed to a UK Court or for a fine. BUT THERE HAS TO BE A COURT ORDER TO ENABLE THIS! Prison for debt went out 200 years ago!

2) In certain circumstances, Arrest Warrants can be applied to Inland Revenue and Customs & Excise debts but again a Court Order is required.

3) With the exception of the Police, Customs & Excise, a Court appointed Bailiff with a possession Warrant and the utility companies (Electricity, Gas & Water) NO-ONE and I mean NO-ONE can enter your property without your permission. The normal tricks for debt collectors are to ask for a glass of water, you leave the door ajar to get one and they simply walk in, or to have a Police officer present so you think it is official and let them in. I stress they cannot force entry and you can simply tell them to Bu--er off!

Do not worry and simply stand your ground and good luck
Needafriend Posted - 10 October 2008 : 08:23:48
Hi Vacs

This has been answered on another post. As the others have said it is down to the finance co and not the OR. I think thats how it was answered from what i read. But saying that they will try anything to get your money from you and threats can seem good to them when they are getting no where.

Its no good worrying about it whats done is done, lets hope that no further action will be sort but as you know to not make any payments is not a good thing but i am not sure how this company will try and preceed in this matter. If they do at all.:-)

Have a re read of the post that you started about this as its quite a complicated matter.

But honestly your gonna make yourself sick with worry and you dont need that right now, try and put it on the back burner and deal with it as and when its required. I know it is easy to try the What if's and could i have done something different and looking on the neg side of life, but you have come this far now try and be strong and not let it get to you.



Jo x
Your Mother Hen :-)

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Mother Hen's New Debt Free Life with Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
nowayout Posted - 10 October 2008 : 08:12:03
Hi Vacs

Was this loan included in your BR? If it was, they can not take any action against you.

I had a loan with Welcome Finance and I also defaulted. Like you they threatened alsorts but nothing actually happened. They can not arrange bailiffs or get you arrested without going to the court first, they are just trying to scare you.

As you say, they are no more than loan sharks and are very good at scaring people. Don't worry about them.

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