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Fighting Amigo Loans

legaleagle asked:

Hello All,

I am in the process of fighting a Guarantor Loan Company.

The short story is as follows:

My stepson has applied- without his Mum`s knowledge- for a guarantor loan with the above crooks and not having paid anything and her being the alleged guarantor they started hassling her with letters and now have passed the papers to the Court without any notice to her, not that would have made any difference anyway as this has become a fight now and we are fighting it.

Along with the Court documentation, they have also sent what amounts to be a summary of the alleged

Loan agreement and the signature section where there is the signature of the Amigo rep and my wife`s name instead of her signature. I would have thought that this alone makes this agreement unenforceable since all the documents had to have a wet signature after completing the initial online application form, which should have been sent back to the applicant to obtain her wet signature and only after which the agreement would have been validated and enforceable. Am I right on this point? Please advise…

Furthermore, since we have the documents from the court as well as the “Three Amigos” – Deceipt, Fakery and Fraud- Loan Company, do we have to send the Letters to both or just the Court?

I shall keep you posted at each and every stage as we come to those to see if this case also could help others in a similar situation and please give us as much info and tips and where we stand with the law regarding this issue.

Thanks in advance for a great Site, Forum Members and a platform of honesty, dignity and integrity.

Keep up this wonderful fight against the tyranny of the financial Crooks.

Tiggy replied:

If your wife has received a claim form from the court she must deal with it or risk getting a Judgment by Defaulf.

See below, but the process is:

Acknowledgement of Servive 14 days from date on claim firm.
Send our a CPR 31 Disclosure of Documentation
Submit a Defence 33 days from the date on the Form

viewtopic.php?f=7&t=80549

legaleagle replied:

Hi There All..

So far the three letter process has been completed.

After the second letter they sent a letter saying that the Debt were with them and not passed on to another party. It also had as a single page, the copy of the agreement that were supposedly entered on the phone with online sign etc. Obviously the document didn’t have my wife`s signature but just a quotation of her name and surname with the name and the signature of the person that-allegedly- arranged the loan on the other side. This was purely an online application which were agreed and executed as such. I understand that agreements of this sort may be valid but the original copies of the agreement had to be posted to the applicant t, duly we-t signed and returned to the creditor, which never took place. Is this agreement still enforceable ?

Also, even though they sent a letter as mentioned above after the second template letter, totally ignored it and still forwarded the third and final one. Of course I shall be stating that there were no letters received since none of them were posted registered or signed for.

At present the acknowledgement form has been sent back to the court in time but not the defence as yet. I wanted to know what particulars may be needed for a successful case if this goes there…

Also I want to write a letter from the dreaded Son accepting the loan but not accepting that they needed to contact his mum as this was done without the knowledge of her and a girlfriend used for the phone call… He is unemployed at present and cannot pay etc… etc..

Please revert with your thoughts, advice and any knowledge that may be useful, while I thank you all in advance.

Tiggy replied:

What you’re basically asking the son to do is say, in writing, he committed loan fraud by putting his Mothers name as guarantor on the loan application without her consent !

Wncomwnco replied:

Couple of questions, how old is the step-son? Does he have any history of crime, fraud etc?

If they provided the loan, and did not do the valid checks, get wet signatures etc from the guarantor, then I think they don’t much to go by.

The whole online application can stand – companies wouldnt do it otherwise, however, they might take short cuts to increase their revenue and targets, such as this instance.

You will probably have to either request to get them to prove that they did, either through a stay in proceedings, or in front of a judge.

This, along with an admission from the step-son, will probably go in her (his mum’s) favour, however, your son might be pursued via other ways, i. e. fraud, police etc.

I’m no expert, just my thoughts on the matter.

legaleagle replied:

Hi there,

That may have been possible but the stepson has gone abroad to find a job now and he rings us whenever he feels like it-mostly occasionally- and refuses to talk about what should be done. Whenever we try and get some sense out of him he either threatens or puts the phone down so we get nowhere, yet we are the ones facing the court and we were not even aware that he did something like this.

Furthermore, the company never even contacted us declaring their intention of taking the matter to court and my wife only found out about this issue when the Court papers arrived, which I do not know how lawful this was and, f my memory serves me right, when the creditor doesn`t do this, then they lose half of the total of their alleged claim, which sounds fair but I don`t know if this is so…

In short we are just about to send our defence to the Court explaining all this and see where this goes…

Of course your advice and thoughts are much appreciated and not only that but it also makes us disbelief our children in general which cannot be right but in today`s world one cannot Even trust their own kids!!!Sad World.

Please do not hesitate in sending any responses that you may have, while we thank you all in advance.

legaleagle replied:

Thank you Wncomwnco!

He`s in his early 30s.

He does have ADHD-not clinically examined nor proven, but an earlier diagnosis with my own son and the study I have done in the past shows me similar symptoms, also he has gambling addiction which he may have overcome now but we do not know of course and him being abroad and not willingly talk about this whole issue makes any kind of progress somewhat impossible at this time.

How can we progress on your suggestion of “they might take short cuts to increase their revenue and targets….. “

Kind Thanks.

Tiggy replied:

Under the Civil Procedure Rules the Claimant is obliged to perform certain Pre Action Conduct (see below), there are a number of sanctions the Court can impose, including Staying the Claim for non compliance with the protocols, you would have to apply to the Court using Form N244.

https://www.justice.gov.uk/courts/proce…on_conduct
[ https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct ]

In the meantime the claim needs to be dealt with, what you need to do is request further information from the Claimant under Civil Procedure Rule 18 as you require copies of her signature as Guarentor, what information they sent to your wife when her supposed signature was put as Guarentor, did they give her 14 days etc etc.

In other words Research what they should have done to ensure that the alleged ‘signature’ as Guarentor was not Fraudulently entered, because that is going to be the basis of your defence, your wife didn’t sign it, had no knowledge of it, received no information on her alleged role as Guarentor etc. etc., put the ball back in their to Court to Prove their claim against her !

Wncomwnco replied:

Tiggy summed it up in their post (above) far better than I would, but at least I’ve learned this now also.

Follow the advice given, and you might be onto something! If they didn’t follow correct legal protocol in the loan application, then you need to prove so, by requesting everything they have showing so. It may be an oversight by Amigo in this instance that might be the key here to get this quashed. It’s going to be a battle, but you have to be ready for a fight!

legaleagle replied:

Hi Tiggy and others.,

Firstly, Thanks very much for all your advice, much has been learned and much has been appreciated.

To go ahead and respond to the Court Papers and give them the basis on which our defence shall rest, I shall have to know the rules regarding the pre-action procedures in financial matters.

Do we go and scrutinise the Consumer Rights on financial contracts or is there any other thread that we can follow?

Since the rules on signature and 14 day waiting period etc. has to be written somewhere for implementation, can anyone tell us where to look for the correct rules on this particular case?

All of this may sound superficial but when we had no idea a few weeks ago and have a very limited time scale to complete what the Court wants, we are in desperate need for guidance and all your efforts are very much appreciated and hope that insistence on our parts does not irritate any one of you good people out there.

Once again, Thank you in advance and God Bless you all.

Tiggy replied:

It’s Section 105 of the Consumer Credit Act 1974 (a Security is a Guatantee) and I’d say they’ve breached the majority of it, but specifically Sections 4 & 5.

What legislationhave they taken you to Court under ( ie what’s written on the claim form ) ?

105 Form and content of securities.

(1)Any security provided in relation to a regulated agreement shall be expressed in writing.

(2)Regulations may prescribe the form and content of documents ( “security instruments “) to be made in compliance with subsection (1).

(3)Regulations under subsection (2) may in particular–
(a)require specified information to be included in the pre-scribed manner in documents, and other specified material to be excluded;
(b)contain requirements to ensure that specified information is clearly brought to the attention of the surety, and that one part of a document is not given insufficient or excessive prominence compared with another.

(4)A security instrument is not properly executed unless–
(a)a document in the prescribed form, itself containing all the prescribed terms and conforming to regulations under subsection (2), is signed in the prescribed manner by or on behalf of the surety, and
(b)the document embodies all the terms of the security, other than implied terms, and
(c)the document, when presented or sent for the purpose of being signed by or on behalf of the surety, is in such state that its terms are readily legible, and
(d)when the document is presented or sent for the purpose of being signed by or on behalf of the surety there is also presented or sent a copy of the document.

(5)A security instrument is not properly executed unless–
(a)where the security is provided after, or at the time when, the regulated agreement is made, a copy of the executed agreement, together with a copy of any other document referred to in it, is given to the surety at the time the security is provided, or
(b)where the security is provided before the regulated agreement is made, a copy of the executed agreement, together with a copy of any other document referred to in it, is given to the surety within seven days after the regulated agreement is made.

(6)Subsection (1) does not apply to a security provided by the debtor or hirer.
(7)If–
(a)in contravention of subsection (1) a security is not expressed in writing, or
(b)a security instrument is improperly executed, the security, so far as provided in relation to a regulated agreement, is enforceable against the surety on an order of the court only.
(8)If an application for an order under subsection (7) is dismissed (except on technical grounds only) section 106 (ineffective securities) shall apply to the security.
(9)Regulations under section 60(1) shall include provision requiring documents embodying regulated agreements also to embody any security provided in relation to a regulated agreement by the debtor or hirer.

legaleagle replied:

Hi Tiggy,
and Others who are trying to help.

All your efforts well appreciated and thanks to you all from the bottom of our hearts.

Thew claim from contains these brief words;

“Brief Details of Claim

Repayment of an unsecured loan “

Attached to this form other papers which basically gives information of the alleged loan terms as presumably the copy of the online agreement. (?)


There is also a section where it says:

“YOU SHOULD READ THIS CAREFULLY YOUR RIGHTS

The CCA 1974 covers this guarantee and indemnity and lays down certain requirements for your protection. If they are not carried out the Creditor cannot enforce thei Guarantee and Indemnity against you without a court order.

Until the Agreement between the Creditor and the debtor has been made, you can change your mind about giving the Guarantee and Indemnity. If you wish to withdraw you must give WRITTEN notice to Amigo Loans, which must reach him BEFORE the main agreement is made. Once it has been made you can no longer change your mind.

Under this Guarantee and Indemnity, YOU MAY HAVE TO PAY INSTEAD of the barrower and fulfil any other obligations under the Guarantee and Indemnity. (But you cannot be made to pay more than what he could have been made to pay unless he is under 18)However if the debtor fails to keep his side of the agreement

Amigo Loans must send him a default notice (and a copy to you)giving him a chance to put things right before any claim is made on you. “


Under this paperwork, a section boxed off where it says:

“this is a guarantee and indemnity subject to the CCA 1974. If the barrower fails to keep his agreement with Amigo, YOU MAY HAVE TO PAY INSTEAD and fulfil any other obligations under Guarantee and Indemnity. Sign only if you want to be legally bound by its terms.

Name of Guarantor-My wife`s name.. date of signature ; … date…..


In another section boxed off underneath where the signature and date of the person from Amigo Loans.

There is no signature of my wife anywhere in these forms or any indication that further paperwork to be posted to obtain a wet signature before the loan is allocated… Or any other information.

In the meantime I had sent out the 2 template letters and after the first one a letter was delivered from Amigo to say ;

“my objective is to confirm the debt is owed by you to A migo. Your loan was taken out and remains with Amigo-so the template letters were for a Debt Collector, I don`t know how relevant they would be here. -Before loan was paid up we spoke to you on the phone and obtained payment details from you. Since we couldn`t contact you on numerous attempts, legal action commenced against you and the other barrower… “


This is basically what we had so far but no mother response to the other template letter.

Also prepared CPR31. 14 Request letter as well as a copy of the agreement letter and will be posting them by reg post later today.

So the story so far… Please revert back with whatever you can advise while we thank you all once more.

The claim form was dated 1st May, the acknowledgement of service was returned on 6th May, 2 template letters on 6th and 14th respectively, the last letters shall be posted 29th and the defence on the 30th/31st.

Hope we are not late nor anything else we need to do? Please keep your advice flowing. Thank you all!

Tiggy replied:

Your wife’s defence is basically:

This is a loan taken out by my estranged Son, the first I knew about being an alleged Guarentor is when I received the Court papers.

I received no Letter before Action, as is required by the Courts Practice Direction – Pre Action Conduct.

I didn’t agree to stand as Guarentor for this loan.

I didn’t sign any form of documentation required under Section 105 of the Consumer Credit Act 1974 (as amended) for this loan.

I didn’t receive any of the documentation that should have been sent to me under Section 105 of the Consumer Credit Act 1974.

The Claimant has failed to provide any form of paperwork in support of this claim.

The Claimant has failed to provide the exact Statutory Instrument they have commenced proceedings under, all they’ve stated is ‘Repayment of Unsecured Loan’.

Etc. etc.

But if I were you in addition to submitting your defence, I’d Apply to the Court to get this claim Stayed due to non Compliance with the Pre Action Protocol. An application costs £50 but is FOC if your wife is on low income or benefits, but get your Defence in first xx

legaleagle replied:

Hi Tiggy,

Much much appreciated. Thanks a million again.

Have already written all you have prescribed to the last dot on the defence section of the Court papers.

Where you ended as “etc. etc. “… Was there anything else in terms of bare facts that we could have added since

what you have already advised is pretty much what really happened anyway, but just to edge the issue to our favour, anything else with a more potential effect?

Or leaving it just as it is, may have more of a dramatic spin on things and might attract probably a more merciful scrutiny by the Court?

On another note, we shall also apply to the Court for stay of this claim due to non-compliance of pre-action protocols later on.

If nothing else to add please pray for us and shall keep you posted for the end result in the hope that this would help many others in the same predicament .

Once again Thank you and God bless.

Tiggy replied:

The etc etc was to add in any information you wanted to bring to the Court in respect to your step son’s action.

In respect to the Application to Stay, you’ll need to complete form N244 for that, it cost £50 for an Applucation without a hearing or FOC if your wife is on benefits or low income (form EX160) xx

legaleagle replied:

Thank you Tiggy,

All has been completed and sent. we shall also use form N244 re;court application for what you have suggested.

Since My wife is on no benefits no additional application shall be made.

I shall keep you posted of developments while I thank you from the bottom of my heart.

God Bless and may the luck be with you at all times.

legaleagle replied:

Hello All,

So far, we have just found out that the Court entered judgement against us as they couldn`t find the acknowledgement of Service nor the Defence papers. Having contacted the Court by phone and supplying them with the registered post details, they soon found about all the paperwork needed! -This shows the best policy IS to keep everything organised!!!-

Now they asked us to fill for N244-Fee for it is: £155.00.. wow!!!but qwe shall oblige yet have no idea how we need to for best effect as already found the form online and getting the info needed to complete it properly … Any suggestions?

Shall keep you all informed and hope that this thread shall help everybody with a similar problem, including us..

Thanks to each and everyone of you for your support, suggestions and knowledge.

Tiggy replied:

It’s £155 for a hearing £50 without a hearing or FOC if on benefits or low income !

legaleagle replied:

Thanks Tiggy.

We`ll go for the one without the hearing… would that make a difference to the outcome?

If the judgement is set aside, what shall this mean for the future? Can they re-start all over again?

Thanks and Kind regards to All.

Tiggy replied:

Sorry, just read you have a Judgment, you can still request it be set aside without a hearing, but it’s £155 I’m afraid as a Judgment has been made, but I would also attach a letter addressed to the Court Manager stating you’de like to make a Formal Complaint that they should have processed the paperwork and you shouldn’t have to pay to rectify their mistake.

legaleagle replied:

Hello To All the people interested in this ongoing saga with the AMIGO people.

Having applied to the Court to stay the judgement and offering to pay by card-for which the card details would be enclosed with the application along with your contact details along with a mobile/landline number so that they can come back and demand payment at their leisure.

I have just received a letter from them saying that they have not got the phone number – although it was written on the N244 form clearly – to demand payment so I need to send another application form with the payment details clearly written once more, the process of which I am engaged with at present.

I shall send it on by registered post and wait…

In the meantime the Amigo people wrote to me a few weeks ago saying that they opened up a complaint on my behalf, examining the details of the case and shall revert back within 8 weeks with their findings.

This duration has a few more weeks to go yet, so I shall inform everybody once I receive a reply from any of the bodies above…

Thank you all and good luck with your own fight with the menace.

legaleagle replied:

Hello All.

The latest episode;

Just received a letter from Amigo depicting their decision about the compaint that “they have raised on my behalf” which is to me absolutely useless since an independent enquiry would have been acceptable. Obviously all they say is basically this “we did everything right, so you owe us the money, if not accepted “we shall force payments from your wages or put a charge on your house”.

This brings some questions of course;

They say that they had spoken to my wife and in highlighted lettering wrote down, allegedly what she said to them, accepting all their claims when taken over the loan.

Can they do this without providing a recording of the conversation?-if there was such a conversation of course-and not just quoting allegations?

Can they put a charge on the house that is owned jointly by myself and my wife?

Since I had absoluletly nothing to do with this whatsoever and I would never accept such a thing as the joint owner anyway.

In addition to this Amigo says in their internet website that they never would go after anybody`s house-MISREPRESENTATION? BLATANT LIE?

Please tell us what you think and our legal stance after this letter.

An answer shall be provided of course within the allowed 8 weeks while asking their proof of this recorded conversation, if there was any-I doubt it .

Thanks in advance to all of you out there and please keep fighting for your rights.

legaleagle replied:

Hello All, who need to fight to establish justice…

The latest info on the Amigo fight..

The money`s paid(£155.00) to tyhe Court to stay the Judgement.

So far no news from the Amigos.

Just a phone call asking for the original Debtor as they wanted to “speak about an issue with him” obviously I can`t help them as even I don`t know where he is at present so just told them to leave a message and that I shall pass it on when he contacts us, which is neither here nor there as he contacts us when he wants but not discuss the case…

In short we are in the dark as to what the Amigo want to do about this…. any ideas? Can they just go back to the Court and try to upturn this “stay”? Or do they have to go through the normal channels of providing all the details including any solid evidence that they might have; i. e a wet signature-unless simply her name written on her signature box would suffice for a conviction?

Or recording of her voice stating “alleged” agreement on the phone?…

So many questions needing so many answers for an issue that my wife had nothing to do with.

Any advice, please feel free to post, while we thank you all out there.

legaleagle replied:

Hi Everybody.

Just now we received a “Notice of Transfer of Proceedings” document from the Court at Northampton.

It simply says that “this claim has been trasnferred to the County Court at Northampton for that Court to deal with the Defendant`s application to set aside judgement. That Court will send you and the other parties notice of the time.. date etc of the hearing. Please allow 5 working days from receipt of this notice for the file to be received at the Court”

So, this means that we are going to court, yet we did ask the court to decide the “stay” without a hearing or our representation, so what happened to that request, I wonder.

Also please advise as to what happens in these instances i. e can we ask what the Claimant to produce and present to us before the Court hearing as to what evidence they would rely on Court and what happens if they have not forwarded everything in their possession and if produced can that evidence be challenged as “inadmissable in Court”?

Please revert back.

Thanks and Kind Regards.
LE

Tiggy replied:

Did you ask for a Stay or a Set Aside ??

legaleagle replied:

Hi Tiggy..

Applied for “set aside”… have I made a b… s up? If so, how do we recover from that? Any advice please.

Thanks in advance, you are an absolute gem.

Tiggy replied:

No that’s fine, you kept mentioning a stay that’s all, a set aside is the right thing to have applied for (a stay and a set aside mean two completely different things in the Courts terminology).

Sometimes with a set aside a Judge decides a hearing is required, you have to attend or they won’t grant it. Just stick to your guns saying you know nothing of this debt, you don’t recognise it or the claimant and you’ve been provided with no evidence to prove any monies are owing to the claimant.

legaleagle replied:

Hi Everybody.

Just received a letter from the Amigo stating in their letter that they obtained a court order by default and after seven days if they do not get paid the monies owed, they shall apply to put a charge on our house.

This shows I think that they have not received the paperwork from the Court .

The letter from the court which is sent to all parties states this

“this claim is trasferred to the county court at northampton for that court to deal with the defendant`s application to set aside judgement. That court will send you and the other parties notice of the time, date and place of hearing. Please allow 5 working days from receipt of this notice for the file to be received at the court”

Since they have not complied with the pre-court conducts anyway, along with many mistakes that they have made in not getting a wet signature nor providing a copy of any recorded conversation agreeing the deal-I don`t know if they ever record anything like that anyway!-how come would there be a hearing ?

If there is one, can we ask for all the above details to be disclosed to us well before the hearing?Or is this to take place in another(following) court appearance?

Allow me to Thank you All in advance for any info and may the force be with you to keep up the fight for our justice.

Tiggy replied:

As far as Amigo are concerned they have a valid Judgment that will stand until a set aside is issued.

Did you submit a defence against their claim when you applied for the set aside? The Judge will probably want to hear why you didn’t respond to the initial claim and what’s the basis of your defence.

Have you served Amigo with any request for further information?

legaleagle replied:

Hi There,

We did respond to the original claim when the judgement was passed on but the court didn`t even bothered to look it up, although it was filed in time. Then they apologised for it and wanted us to pay £155.00 for the procedure to set aside judgement. then they sent a document telling us a date for a court hearing, which is what we are waiting for now. I thought that it was going to ne set aside without a hearing but it probably shall have a hearing now. Any advice?

For the second question;no we didnt ask for any info from the Amigos. Do we need to do that. Since the objecton to the courts desicion they kept sending letters containing some information and denial of our claims of course.

Is is better to ask for all the info again, now?I thought it would have been at the court that they would have producesd the details, no?

Thanks to you all .

legaleagle replied:

Hello All and thank you to each and everyone of you who advised us and the ones still fighting their corners.. Good luck to you .

Today, just managed to have a set aside granted by a wonderful judge who simply knew that Amigo would have a very difficult time trying to convince the Court “without reasonable doubt” that they were not guilty of pre-trial procedures… So the correct decision…

Of course the issue now is, what happens from here on.. They can re-start the proceeds again from scratch, if that happens what would your advice be?

If they restart, we shall ask them to provide proof-by way of a recording, be it audio (or video, if such a technology exists)of the alleged phone conversation. Earlier they explained that there were two persons listening the conversation and they vouched for their version.. is this acceptable?Obviously they would lie to keep the company in business wouldn`t they?

The money was passed to my stepson`s account electronically via my wife`s account which originally received the funds from Amigo, she had no part in that as( he had access to her account but never did anything like that before) she wasn`t even aware that this transaction took place as she very rarely checks her account online and it took her after the letters started coming that there was a problem and had a look … What a surprise that turned out to be!..

Is this a point that they can make somthing out of to try and commit us to paying the money?

The funds in question barely stayed in her account before being conveniently placed in my step son`s account with enough electronic foot print to embarass a Yeti!

Is there any other weaknesses that can be exploited by the opposition?

Please be generous with your advice and comments in order to help us and others in a similar predicament, while we thank you all again … and again.

Tiggy replied:

Well done with the set aside, Court Hearings Never easy, but then again once you’ve been there not that hard.

Ok so now you have to submit a defence? What paperwork have you asked from Amigo to prove your wife stood as guarantor or did he make out the loan in her name ( sorry can’t remember all the details). Did you ever report this to the Police?

legaleagle replied:

Hello All..

The latest news from this Case is as follows and as usual any bit of help shall be appreciated and please accept our thanks in advance…

We are to have a hearing sometimes in March, in the small claim courts.

So far, they have submitted a copy of their alleged case and what they shall be relying on and we are now preparing our case of defence .

In the meantime my stepson has apparently contacted them from abroad, which is where he lives now-the copies of his exchange of e-mails also forwarded to us by him-stating that “his mum had nothing to do with this loan, he did it all himself with the help of a girlfriend of his when application took place. It wasn`t done as a way of deception but as a desperate last minute measure in order to be able to keep his relationship with his then girlfriend intact and to sort his financial affairs in order with one affordable monthly payment, which he could easily afford to do as he was full-time employed at the time, but a few weeks afterwards and out of the blue he lost his job and though very actively seeking but not able to find any other work he succumbed to depression and, hopelessness.

Still looking for work for weeks to no avail, he decided to leave the UK and go to the EU thinking that things would have been better there but again to no avail. In the meantime he lost his house, any hope of reconciliation with his girlfriend so he travelled further afield to another country and finally found a job. Then, once properly employed albeit a much lower wage then the case would have been in the UK.

To cut the long story short, he made an arrangement with them to pay the loan first, on a small weekly instalments, then increasing amounts as he could afford while again informing them that his mum had nothing to do with this application.

Of course having heard of this new development, we contacted the Loan company who acknowledged that they did come to a mutually convenient arrangement at present but the court case would still go ahead as planned, which was surprising to say the least.

This is where we are now. One last point to make;the Loan company was asked by my wife to send us any audio recording of this alleged application recently, as they keep telling everybody that they do record these conversations but they had supplied nothing but an alleged transcript of the conversation that took place by a member of the staff while the other one was speaking on the phone to the applicant!

Therefore, please revert back with any information that could be used to either dismiss this case-which should be the natural progression, considering all the facts, or other facts that could be taken into account for any other positive outcome that could be arrived at .

Once again thank you All in advance and God Bless you all.

L. E

legaleagle replied:

CAN A GUARANTOR COMPANY GET A CHARGING ORDER AGAINST A PROPERTY FOR AN UNSECURED LOAN?

I hear that they can ; by terminating the current loan facility and opening another one, solely to enforce the debtor -after a court has given them the judgement – to pay up /make an arrangement to pay and if the debtor fails to do so, they can obtain a property charging order, practically making an UNSECURED DEBT into a SECURED ONE and this travesty of justice is allowed by the courts!!!

How is this possible?

SO, THE LAW ALLOWS FINANCE COMPANIES TO ADVERTISE UNSECURED LOANS ONLY TO TURN THEM INTO SECURED ONES BY A SIMPLE TRICK AND WITHOUT ALLOWING ANY RIGHTS TO THE DEBTOR… IN SHORT, THE LAW IN THIS COUTRY IS SIMPLY SERVING THE INTERESTS OF THE FINANCE COMPANIES AND NOT THE CONSUMERS!!!SO WHAT HAPPENS TO ALL THE LETTERS THAT WE WRITE TO OVERCOME SUCH A SITUATION, SINCE WE WOULD NOT ALLOW THEM TO CREATE PRACTICALLY ANOTHER FINANCE ACCOUNT ON THEIR OWN AND WITHOUT OUR AGREEMENT!!!

Please, somebody tell me this is not true!

Thank you all.

Tiggy replied:

Yes they can, once a CCJ is obtained they can enforce it through the Courts with a Charging Order.

So what proof have they actually supplied that your wife stood as guarentor? What information have you requested from them and in what format ? Have you submitted the emails from your step son stating his Mother knew nothing about this and it was actually fraud on his part.

Your wife could report this to the Police as Fraud through Action Fraud and obtain a Crime Reference No. to bolster her position she’s been a victim of fraud.

legaleagle replied:

Hi Tiggy and all the others…

So, please tell me..

All along, this evil outfit advertises that;

“they will never go after anybody`s house”

“The Amigo Guarantor loans are unsecured loans!”

“We can never ask you to pay more than what the debtor pays”…. are basic and blatant lies… and they are still operating with impunity???

This is exactly what they write in their advertising and contract! Is this not misrepresentation?

The latest stage is this… the stepson has made an arrangement with them and paying a small amount towards this loan. My Wife to help him out and as the guarantor offered exactly the same but they turned her down and asked her to pay 15 times more the amount that he is paying and he is the one benefited from the loan and already explained to them that he was responsible for everything and didn`t want his mum to be pressurised for this… Yet The Amigo crooks are threatening my wife for putting a charge on our house which I own the half of and had absolutely nothing to do with this crooked business… What kind of a justice is this?

Therefore, please Tiggy, enlighten me with your well-gathered wisdom of how I can fight this evil empire-and it is one, since this loan sharking company has been established by a crook which was on a documentary on BBC in 2008 as “a millionaire who misleads people into loans” and was worth 77 mil then but worth 220 mil now… Maybe crime does pay eh!!!

Maybe I should start a campaign an d a protest movement against the existence of this crook and his ill-gained empire by advising people -all 100.000 of them who currently have a crooked loan with them to stop paying and see how good the whole court system along with his wicked ways are both locked out for good!!What do you reckon Tiggy… worth a shot?100. K people is a force to be reckoned with, don`t you think?

Please revert back with your sound advice and allow me to thank you once more.

legaleagle replied:

Just before I fold…

Can anybody answer me please about the mechanism in which you offer an “unsecured loan” and later on just by asking this can become a “secured loan” which can be legally enforceable…

I mean if this is the case we can all ask not to pay the loan and it should be accepted straight away, isn`t it ??. it is the same criteria ..

Or the legal phrasing and terms no longer have any meaning?

I need to be educated, please be generous with your knowledge while I thank you all from the bottom of my heart.

L. E.

legaleagle replied:

“Benamor has been criticised by the Daily Mirror[12] and the BBC[13] for the Richmond Group’s ownership of Advantage Loans, a credit broker which ceased trading in 2008. [14] He charged applicants a £50 fee but not all of them received a loan. Customers had to struggle to get their money back.”

One last crumb of info on the “Tunisian Thief!”

By the way he was also a drug addict .

And this is the type of crook that the weak and the vulnerable are taken to the cleaners by!

Since he didn`t pay all the people that gave him the £50.00 each, why should anybody pay him???

Worth a thought eh.. ??