Bump

Ok, it's been a while since I updated this post but nothing has happened since. The car that we had the finance on has finally decided to give up on us, we have purchased a new car (not on finance), the reason for this post is that we want to scrap the megane and was wondering if we can ?

DX sorry to bother you but did you have a chance to have a look for me ?

There you go, not too sure if I have done them right....

Sorry here you go

So I have finally heard from WELCOME regarding the charges applied to my account, it seems that I am unable to claim the real charges back as WELCOME entered into "THE SCHEME". It also appears that I had 3 accounts now and not the 2 accounts they first claimed, This is a right mess, think it's time to give up fighting them as they have failed to comply with a SAR request in time, unable to produce the original CCA, and sold a account that was in dispute to CABOT.

Hi, just a update again. It seems that CABOT are also unable to obtain the original credit agreement from WELCOME as I have heard nothing from them since I sent the request in April, What do I do now ????? Also I have drafted a letter to welcome to claim the charges back on my account, I was just wondering how long do I give them to respond to the request (not that I'm holding my breath)

Hi i know its been a while but do you have a address you sent the claim for charges too as I am about to start the same process.

Thanks dx but can't seem to find it

Dx do you have atemplate letter for claiming back the charges applied, also would i send this to WELCOME or CABOT as they bought the debt ?

So it's been 60 days since I sent the last letter to CABOT and no agreement from WELCOME yet. As stated before I need to sell the car or return it as I have a company car now, does anyone know where I stand on this, I know legally I dont own the car but need to get this resolved.

"If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. You may not demand any payment on the account, nor am I obliged to offer any payment to you. You may not add further interest or any charges to the account. You may not pass the account to a third party. You may not register any information in respect of the account with any credit reference agency. You may not issue a default notice related to the account" Someone has just pointed out that because WELCOME failed to respond to the original CCA request they had no right to sell the account onto CABOT, would this be right, all welcome provided was the adjusted second agreement not the original.

Did you mean CABOT ?

DX it looks like my signature but i cant ever remember signing them, as for the charges, I haven't started with that claim yet, I am going to get on with that this week.

So what happens now, I can't just sit around and do nothing or this will never get sorted and it's dragged on for over a year.