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napoleon_dynamite

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Everything posted by napoleon_dynamite

  1. To be honest I can't remember, although I normally make a point of ticking the box to avoid being contacted by other companies - I can't see why I would have made an exception in this case. It seems to have slowed down now, I'm only being contacted by three companies, but on a daily basis: "Back on Track Finance" - they call me every day, despite me having demanded (and them agreeing) to have my number removed from their database. They get by the TPS block by stating that they are categorically NOT cold calling and selling a loan - and then go on to try to sell me a loan. "Legal Services" - which appear to be a cover for Eon Power touting their services. "Kate from PLFinder.com"; who keeps texting me telling me my loan has been approved - every time I text "STOP" to stop the contact, they switch to a different number and keep doing it. I'm guessing these three companies are chancers who are not regulated. Anyone know how to get rid of unregulated cold callers...?
  2. Hi Everyone. A while ago I found myself short, so I applied for a loan on-line. I can't remember who it was, I didn't make a note of it. I was declined, but they referred me to another firm, I think it was The Money Group, who provisionally accepted me. Turned out I didn't need the loan, I called them up and told them I didn't want to go through with it. This was about 3 months ago. The problem is, ever since then I have been bombarded on a daily basis, numerous times a day, by phone, text and e-mail, by every single loan provider you can think of, offering normal loans, payday loans, Debt Relief orders, Debt Management Schemes, Credit Repair etc, etc, etc. which is getting really annoying. I had to tell one woman SEVEN TIMES that I didn't want a loan and she STILL put my details through and tried to process it. Some of them also get really mardy and snotty when I tell them politely (seriously, I'm very polite on the phone!) that I'm not interested. Is there any way I can stop this? It's getting to the point where I am leaving my phone switched off. Cheers. ND
  3. Dad - I completely agree, that's why we need to get a good look at the credit agreement when the OP has it.
  4. I did say "apparently" - I was warned about WCF practices, by a disgruntled former employee. Quite a few of them around, by all accounts LOL! And in answer to the rastaman, I'm not sure what the advantage is - maybe something to do with ownership? - as in if you take out a loan to buythe car you own it outright, no right of repo by the finance provider? In any event, surely GAP insurance is a big no-no. Maybe one of the mods can help?
  5. Apparently Welcome Car Finance did do a few loans as Credit Sales, rather than Hire Purchase, which is a bit like a personal loan to buy the car outright. Having said that there's no way shortfall insurance should have been sold with a credit sale. I think they screwed up a bit here. Particularly if they told you it was Car Finance. Any news on that SAR yet?
  6. Hope you don't mind me following this thread, I have a Cap1 card with PPI as well. And, by the way, that is a pretty good letter!
  7. I need to issue a SAR - I have the closing statement but that's all, I've moved house a couple of times and things do get lost.I was only studying part-time, but as I recall I was temping at the time - as far as I am aware PPI doesn't cover you if you are only on a temporary contract. I'll do my SAR and post the results up as soon as I can.
  8. Of course the obvious question is, did you pay the broker to sort out the finance for you?
  9. Hello everyone. So anyway, to cut a long story short...In 2005 I took out a Graduate Studies Loan, with PPI which was not explained to me at the time, just a case of "so, do you want protection with this loan?" and at the time I said yes. Couple of years later I renewed my loan, and PPI was not even mentioned, but was apparently rebated against my account. I didn't think anything of it at the time. Then the whole PPI thing kicked off, and I have since realised that the way they sold it wasn't exactly correct... The second loan was settled in full in 2010 / 2011. I have been toying with the idea of making a claim, but the limitation period would have expired by now, surely? Plus, I took the loan out to pay for a Law Degree. Wouldn't this count against me, in a "you should have known about this at the time" sort of way...? Is it worth going for...?
  10. "For regulated agreements does not S56 CCA 1974 come into play...antecedent negotiations?" - I suppose this would depend on the reason for mis-selling. If misrepresentation, then arguably yes it would. If any other reason, possibly not. Explanatory notes in my version are a bit woolly on this point.
  11. I'm merely trying to help the OP. If you like I can give you specific case law where PPI was sold by a broker rather than the finance company, and the judge ruled against the Claimant. Same goes for the FOS. And I'm not just talking Welcome, I'm talking finance providers in general. Issue a complaint againast the finance company, or a claim, you're talking time, expense, and difficulty as the Finance Provider refers you to ther broker over and over and over again. On the other hand, if the OP were to pursue the Broker or the FSCS, the OP would get redress. So my question to you, dad, is are you trying to help the poster to get redress or just trying to get one over on a certain finance company? If the latter, you should not be advising on this site. Just saying it how it is.
  12. On that topic, you should check out Flanagan v Nemo... http://www.shoosmiths.co.uk/news/3769.asp
  13. First things first... have you got a copy of your credit agreement? If not, sand a CCA request to get one, along with a statement of account. Then post them up (without your personal details, of course).
  14. What I'm trying to say is that the OP could spend hours, days, months going after Welcome only to be told by Welcome, the FOS, and even the High Court (Soulsby v First Plus anyone...?) that they should go after the broker. Or he could go after the broker instead and save a lot of time. If the broker is still in business, and if they carried out the sale, case law states they are liable. If the broker is no longer in business a claim can be made to the FSCS. Or you could continue your crusade against Welcome and (probably) get nowhere.
  15. Its settled law now that the broker is liable, not the finance provider - Soulsby v First Plus. In any case, it isn't "welcome's insurance" - as far as I know Welcome aren't an insurance broker or underwriter, or - in this case - seller.
  16. Havs the OP found out whether there were any other sneaky insurance polices on there yet?
  17. Just a thought, can you post up a copy of your letter to the FOS? Without any personal details, of course.It may be the way the complaint was worded - I'm sure someone here has experience with FOS complaints that will be able to assist in drafting a letter with more teeth, as it were.
  18. When you have worked out how to post stuff up on here, put the court documents on as well - obviously take out any personal information first. It will be useful to know what kind of hearing it is.
  19. So is this the result of a court summons? Have they issued a claim against you, or is it something else entirely?
  20. k f watch, can you scan and post your credit agreement and/or contract up with any Ts & Cs so we can have a look? It would help us get to the bottom of this.
  21. Patrickq... You obviously haven't read any of my posts correctly, and obviously haven't looked at the context. Don't call me a smartASS until you have. And please refrain from personal attacks, this is, as you should be aware, against the code of this site.
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