OK - Have now received actual letter outlining what's & why's. Dear Chancer1 I can confirm we cannot provide CCA under your request - better practices in place to ensure doesn't happen. Gesture of goodwill right off outstanding debt, even tho they have enough evidence to prove the loan existed??? Blah Blah - Obligation to report payment history to CRA's, will look into errors but nothing else. PPI was claimed against, therefore no claim should be made as I did need it. QUESTIONS:- 1, I am presuming this is a response to my complaint? 2, Without a CCA - how can they give my information to 3rd parties? 3, Do / Can I still report them for failing to provide CCA? Thanx

I have seen this somewhere else on the forums - the advice was to continue as if you had given them the 14 days notice (all be it, slightly longer). But, my suggestion would be to LBA them again, at least it gives them a chance to reply or not. Remember to use recorded delivery!!! Good Luck!

cheers steve.

Just a note - don't forget Exquifax and the other one Call Credit

WOW!!!!!!!!!! I have just spoken with Legal Compliance dept at WFS after receiving a call asking me if a wanted another loan - They have written off the debt of over £8k Thanx for all your help on this ! quiestion - can i still claim my illegal charges back??? or is that a bit cheeky???

Had an email from the OFT - left me slightly dazed and confused, it says :- A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor does not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). Which to a point, agrees with the letter from WFS saying they are going to reconstruct the agreement from the information held on their system, but the OFT goes on to say :- However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise. So they do have to find the original???? very confusing?????

Phoned the branch today to ask them to stop sending letters to the wrong address - Head Office have got the right address - but the branch doesn't, was told by the manager that he cannot discuss the account - it has been handed back to central compliance - don't know what to make of that? But I did go on to insist they stop writing to the wrong address.

cool, I'll add that line in Thanx

I had a chat with Monument today regarding their offer of 50% - the person told me they had had a lot of request for refunds and her job was simply to offer 50% and she could do no more - I did advise that the courts do look unfavorably upon institutions that are abusing the courts & publics time by dragging these out to hearings and then settleing days before hand, they then advised that is the process

Thanx Steven, S 10 seem to apply to the right to prevent processing information - but doesn't mention anything about CCA's or signed agreements???? or am i just being dumb? Right to prevent processing likely to cause damage or distress. 10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons- (a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and (b) that damage or distress is or would be unwarranted. (2) Subsection (1) does not apply- (a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or (b) in such other cases as may be prescribed by the Secretary of State by order. (3) The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject notice") give the individual who gave it a written notice- (a) stating that he has complied or intends to comply with the data subject notice, or (b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it. (4) If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit. (5) The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part. On another completely separate note they have advised in the letter they sent me that this loans was taken out in August 2004 - that is 3 months after I sold the property that the loan was secured against - & 2 years after the loan was taken out - might be interesting to see their 'mock up' of my original credit agreement.

Dear Sir/Madam Thank you for your latest communication from your Branch Manager XXXXX XXXXXX, I understand that you are unable to provide me a signed copy of my original credit agreement. This account is now clearly in dispute and this leads me to believe that, until such a time as this document is found:- 1) You must NOT ask for payment 2) You must NOT add any charges or interest to the account 3) You must NOT pass on any information about the account to any 3rd party I understand you now have 1 calendar month to find the original agreement or you will have committed an offense and if you take me to court, your non-compliance is a complete defense. I am also aware that without a signed agreement you are not allowed to disclose any information about myself – you have already done this, in the respect of information held by Experian / Equifax & Call Credit – I am formally requesting that the information be removed from Experian and any other 3rd party you passed my details to. I look forward to a timely response to my request, or you will leave me no further option but to report Welcome Financial Services to the Information Commissioners Office. I have also been advised by Experian that you have given information that is factually incorrect – you have linked me to an address of XXXXXXXX, which I have never lived at or been associated with. A linked address can ONLY be used if that is a correspondence address or the account holder has moved from or to that address in the last 8 years. Yours faithfully Mugged Does this seem OK???

I have a response regarding the 'to date' failure of suppling my CCA. They admit they are unable to provide the original document...... BUT....... The now advise that they are in the process of raising new documents which will mirror those from 2004. Can they do this??? because I am querying amounts of final payment and PPI will they not need the ORIGINAL document to show that is what I signed for? Any advice appreciated.

Have they sent you the statements for the old loan as well? Even if it's paid off, I believe you can still claim the excess fees back - if I am wrong, I'm sure someone will point it out. While you are at it, ask for a copy of your originally signed Consumer Credit Agreement (CCA) for both loans The template is on here, under the templates section. Don't forget the payment of £1. They have been unable to produce mine, which can make the loan unenforceable. Another point, A lot of people also state that WFS MAKE you take out the PPI - this is not allowed and there is also ways of claiming that back. Good luck!!!

This is only a ' Partial Sale ' - I did have to laugh - Barclays have decided to keep the 'Good Accounts'. The Sale Portfolio is being sold for a consideration which is broadly in line with net book value and includes approximately £490 million of gross receivables, including a tranche of accounts in collections. The Sale Portfolio represents about 2% of Barclaycard’s loans and advances to customers as at 31st December 2006. Barclaycard will retain a proportion of the Monument portfolio, representing approximately £130 million of receivables, which are primarily higher quality accounts and will integrate this with the main Barclaycard branded book. If I am reading that right - JUST 2% of Barclays business as at 31st Dec 2006 was worth £490 Mill !!!!!!!

OK here we go - I have made a complaint against WFS - I have also S.A.R - (Subject Access Request)'d them and CCA'd them. They have acknowledged all 3 and are said to be dealing with. Day 12 on the CCA is up as of yesterday - I have spoken with someone in the legal compliance dept and they have advised that they cannot find it, my compliant has been escalated to area and regional manager, so pls don't call the branch - they cannot help - no change there then I have asked for a letter explaining that they cannot find my agreement, they have agreed, but i'll wait and see. What are my options - they still want 8K - i borrowed 5k, have paid back 7.5k - am pushing for mis sell of ppi due to being a condition of taking out the loan(think it was used tho) I have managed to get the information removed from 1 CRA but the other is refusing to budge without WFS say so. I have read a lot of different information on the forums, but the gist seems to point to the enforceability side and fighting that. One other issue is, I cannot see how i would've signed a document asking for £19,500 as payment in total for a £5k loan, both myself and my partner have racked our brains and cannot remember that being the final figure, as the loan was for the extension on a property we were going to sell as soon as the ext was finished, and did! There comes another issue - this was a supposed secured loan - yet no charge stood when the property was sold, my legal advice was 'you do not have to settle the loan - it was not secured against your property' What do I do?????

I SAR'd them 10 days ago at the above address and they replied very quickly, I even forgot to put the payment in.. It was the Customer Relations dept that replied to me. Good Luck!

I must be really lucky (yer right) sent of S.A.R. - forgot to send £10 postal order they sent statements only - but returned within 5 days, 'most' of the charges were typed up in a nice column for me, but then there were a 'few' charges missing, so went through it with a fine toothcomb, found a couple of hundred pounds of charges, sent off the LBA (thanx CAG) then recieved a letter accepting the amount of charges but only offering £120 and no interest - I only added the 8% - is there much difference in the rates charged by the cc co's? if so, is there an easy way of working it out? The other things is, they said they wouldn't be prepared to pay back any of the £12 charges - can they do that?

Right then... Complaint sent 6th July to WFS/ICO/FOS/OFT/FSA S.A.R sent 11th July 2nd copy of request for credit agreement sent 11th July (i sent it to the wrong address first time round) They have failed on the credit agreement, I have been told by phone that they cannot find it. I believe I have to wait a further 14 days now, and then I can report them? Any advice appreciated Thanx

Got a new settlement statement, it's gone up a £1000 since November, so this new rule is just about as good as the last one then???

On my settlement statement is said:- Persuant to section 97 ???? is that different or am I being dumb? OK.. I have read section a ilttle about section 97, that is just to comply with the request. I have today requested via email another settlement statement and asked how they intend to work this, i.e. will they be using the section 78 rule? Lets wait for the answer, they will not give me a figure over the phone, I asked how they work it out, (whilst on the phone) and the guy replied, we press the button on the computer and it prints it out, it would be funny it was so shameful?!?!

I don't doubt it for a second, I took great pleasure in reading your NatWest thread - i managed to get my £455 back from them, not as big a victory, but a victory none the less. They must train all their branch monkeys in the same tree, as the one I spoke to advised that he had never heard of anybody getting their charges back, and the best discount from my redemption figure would be £250, as that was all he was authorised to give, i did advise i was speaking to the wrong person, but that didn't go down well. The other great moment was when their compliance dept advise me that they didn't know policy's, or procedures. If it's not far away, I would love to watch - what stage are you at with WF?

I have no idea, I do not confess to know all, I just used a interest calculator. they post interest monthly, then they seem to charge interest again on the outstanding amount every month, in effect, surely that is charging interest on top of interest every month???? I have some statement pages if anyone has knowledge of this

Hey mabelline, thats £27,180. you could've bought yourself a new Merc for that. One way to look at it, you were paying back £16.66 approx per month off the actual debt Using a mortgage calc, 2999 over 15 years @ £151 per month = 60.5% interest Mortgage required (omit commas) £ 2999 Repayment period (omit commas) 15 years Interest rate (enter 10% as 10) 60.5 % Monthly repayment (omit commas) £ 151.43 :eek:

Some thing else, going through this statement - using a mortgage calculator set at 10 years entered amount and got a interest of 20.1% - 4 years after with fees added the amount and the interest has moved to 20.7% and without fees added 21.7%, so if that is variable interest are they not supposed to advise on every rise? is it variable - or are they just skimming a 1/2% of the top as well

Here is the charges added onto the loan at beginning - Whats really interesting is... the first interest posting is £206 - the monthly payments were set at £163