Welcome finance early settlement issues

[maroondevo52]

Hi,

 

Yes, I would think so, I'll try to find out.

 

Here's their website.......

 

http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.asp

 

Regards.

 

Scott.

[rory32]

Any idea who i report non-compliance to in scotland. Will it aslo be the information commissioner for scotland?

Yes, you report the matter to the ICO. Going down the route of taking a non compliance claim to court in Scotland doesn't really work I'm afraid.

[prudent]

Help on how best to fill details of claim section will be greatly appreciated pls... newbie

Summary on why i'm suing welcome:

• Non compliance on Subject access request about 60days ago, although cheque now cashed.
  
• Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date.
  
• Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure.
  
• Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment.
  
• Have never received a statement of account from welcome despite requesting for one over and over.
  
• claiming any charges on the account - not sure of amount (again never received a statement or SAR request).
  
• These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed.
  
• Finally interest charged on acceptance fee
  

[prudent]

Sorry to sound dim... but why can't i go down the court route in scotland pls? heard about applying County Court for an order to enforce compliance, together with damages at the discretion of the court. does this only apply in england?

[prudent]

Help on how best to fill details of claim section will be greatly appreciated pls... newbie

 

 

Summary of my issues with welcome:

• Non compliance on Subject access request about 60days ago, although cheque now cashed.
  
• Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date.
  
• Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure.
  
• Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment.
  
• Have never received a statement of account from welcome despite requesting for one over and over.
  
• claiming any charges on the account - not sure of amount (again never received a statement or SAR request).
  
• These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed.
  
• Finally interest charged on acceptance fee
  

[mrwheeler]

Hi Prudent, non compliance of SAR would be a complaint direct to Information Commissioners Office, you can download the complaint form from their website.

 

Have you done a section 78 request for copy of executed agreement?

[Prudence]

Hi Prudent (similar name - are we related? haha)

Just to bump it up a bit and say good luck, I'm sure someone will come along to help with your particulars of claim soon. Sounds like you have a strong case. I'm fighting them too and would never have made it without the great help on here. We will all stick together and help each other against these daylight robbers! Kind regards, P

[GamekeeperToPoacher]

May I suggest that Gordon B might be looking for you two.

[prudent]

spoke to the info commissioner and they advised that it might be quicker for me to go through the court applying for a court order under section 7, i believe, as they have 10mnths backlog. what she couldn't tell me was whether this can be done in scotland as well as england

[42man]

Prudent....have a look here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

[42man]

Have you sent them a LETTER BEFORE ACTION ? if not have a look here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html

[prudent]

Many thanks -letter before action sent off today.

 

Any idea if i'll be better off logging this in a court in scotland or use money claim online (which i believe is governed by english law). not sure of how true it is, but heard from someone that non-complainace on sar cannot be taken to court in scotland?

I actually live in scotland at the mo... but only just moved here from england 2yrs ago.

[42man]

It's a good question, i'll ask a noble Scot for an opinion....

[prudent]

Any one know if it i can sue for non-compliance on Subject Access Request request in scotland. Lent this only can be done in england and i might be best doing it through the moneyclaim (covered by english law)? Can anyone confirm this for sure pls...

[prudent]

Thank you

[FlyboyAgain]

I'm getting confused, here. Is this similar to CCA-ing a DCA? I have been assisted on my own thread , but if my DCAs aren't -or cant - comply with sending me a copy of my original agreement, must I now pursue them through the courts to do so? This seems awfully convoluted.

[mrwheeler]

I am at a similar point, about to take a creditor through the small claims process for refund of charges. Apparently, you make the application for the refund of charges or similar action and then, as soon as possible, make an incidental application for the supply of documents relevant to your claim.

 

As Rory says, the summary offence route under the Data Protection Act seems to be a waste of time in Scotland, an application for other documents may be possible as a stand alone request as the small claim form does offer you the option of decree or other order sought - although, I do not know if the supply of the original executed documentation may equally ineffective on its own.

 

Rory may well have the answer or the sheriff reasoning behind this issue, it does seem a point which is becoming increasingly problematic in Scotland, I have half a dozen creditors who have failed to comply with the SAR and same organisations unable to cough up an signed document all hiding behind the true copy legislation.

 

Hopefully Rory will be able to help, anyone know how to ask if he could advise?

[maroondevo52]

Hopefully Rory will be able to help, anyone know how to ask if he could advise?

 

 

I've pm'd Rory, hopefully he'll get back and help

 

Regards.

 

Scott.

[prudent]

Thanks

[madasamuppet]

I'm getting confused, here. Is this similar to CCA-ing a DCA? I have been assisted on my own thread , but if my DCAs aren't -or cant - comply with sending me a copy of my original agreement, must I now pursue them through the courts to do so? This seems awfully convoluted.

 

 

Its not the same, a SAR is a request to the original bank or creditor for info relating to your account. anything from your agreement, statements, transcripts of phone calls, letters sent back and forth etc. it costs £10 and is usually used to reclaim bank charges or ppi etc.

 

Hope this helps:)

[angel_1]

hiya prudent

 

really sorry no one has come to reply, im not sure to tell you the truth, but i wanted to reply so it bumps your post up and maybe others more knowledgeable will now see your question and give you a positive reply

 

if no replies say by tomorrow give the red triangle at the left of your name and details area on this thread and a mod will come to see your thread to help

 

hope this is helpful laters angel x

[IdaInFife]

I donlt think the smae rules apply as down south, i htink Rory had said on another thread that it's not wirth the effort and moneyclaim not avail in scotland.

 

Who did you send the sar too? is it passed 40 days?

 

ida x

[donners21]

Just a general question.

 

Are they still chasing you although they have not complied to your SAR?

[prudent]

sent it to welcome finance on the 15.01.09. well over 40days... thinking of using moneyclaim with my mum's london address...

 

And they are still chasing, not only that they have also failed to supply an early settlement figure also requested for in jan... and the interest on this loan is enormous... so every day of incuring more interest counts...

 

i had sent them a 7days to action letter, of which i'm now drafting the court documents...just need to clear up the question above to know how best to proceed.

[donners21]

welcome finance ae complete cowboys.... they will do anything for a quick buck!!

 

I have read they are struggling financially hence the reason they are harassing and mistreating their customers