tigga v welcome i hope

[tigga_1961]

my partner has had 2 visits from a dca this week leaving cards to contact them, im goin to cab next week about my debts, what would be the best course of action for my partner given the state of welcome at the moment, is it worth making an offer to repay?not that this will be a lot as my partner like me is unemployed.. any help appreciated

[Dipply75]

Hi Tigga, the first thing to do is find out what, if anything, is owed. Can you give a few details on the Welcome one, amount borrowed, when, terms etc?

 

I ask as Welcome are famous for adding loads of mysterious charges you would never know about and if you are in the last year or so this needs checked asap.

 

Send a CCA request and SAR request and see what your actual position with them is....not what they will be telling you (send recorded, print your name do not sign etc)

 

We can help with a letter to send just now which will state you have asked for a copy of your agreement, statements and an early settlement figure etc so you can assess the actual outstanding amount and then make any necessary payment arrangements.

[twofoot]

If you open the door to a dca tell them you do not dicuss business on the doorstep and require all discussion in writing only. Tell them to go away or you'll call the police. They have absolutely no rights whatsoever, you just remember that!

[42man]

If need be send this recorded delivery

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[lilly white]

good morning

 

 

Golden rules

 

Do not speak to dca on phone

 

Do not speak to dca at all

 

All in writing.

 

1st step get, ducks in row, cca and sar find out the details

 

Regards lilly

[tigga_1961]

thank you all for the advice, i will do as you say and send letter to welcome for the relevant info, also to dca, i would never of thought i could do this but after a really down week am now feelin a bit more positive about sorting out my debts, thank you

[Dipply75]

hiya tigga, just to check, have welcome taken any action against you yet and was your partner employed when he took out the loan?

[tigga_1961]

yh my partner was employed when the loan was taken out, but ive been looking again at my cca which it appears is unenforcable as they have added application fee to total charge for credit, which would acrue interest so im applying wfs for my partners cca to see if this is the same which i think it will be, pity we cant find original tho,, gets the dca off our back for a while when i tell him its in dispute and not to call again..also my parnter hasnt received anything to say this is in default or handed over to a dca despite writing to welcome with new address in april 08.

[Dipply75]

well the more ammo you have against them the more breathing space you can get just now, every little helps

 

Did your partner have PPI and did they try claiming it at all?

[tigga_1961]

yeah my partner had ppi and if they explained it till they was blue in the face if still wouldnt of been understood, and when my partner was on reduced hours they still wouldnt back down and requested full payment, will wait and see what cca say but im sure its gong to be same as mine with app fee added to include interest also emailed/wrote to lewis group advising not to call as will be dealt with in writing and that their caller had actually entered out premises to leave a card on stairs as it is only for tenants with a buzzer entry system,and i will complain to fos about this.

[tigga_1961]

hi can someone have a look at this agreement and tell me if its enforcable or not. thanks

 

Edited March 12, 2009 by tigga_1961
left details one

[Dipply75]

Tigga, my crap laptop cant zoom that well lol, can I ask...was the £2000 a cash advance or to settle an existing loan?

[Sol]

It looks unenforceable as it says the credit is for O & P (Acceptance Fee and interest). Do you have the Statement of Price? It'll definitely show on this.

[tigga_1961]

hi thanks for the replies dipply and sol I dont have a statement for this, and it was a cash advance not a top-up! it definitely states o+p and lumps the acceptence fee in with total charge for credit, i last week received a court aoe, order for this but have applied for forms to the court to have this stayed as cost is now £4400 and i never received original documents so any help on this appreciated, im also waiting for my partners cca coming back. think will see what happens today and sar them, what do you think?

[082stewie]

Subbing to another welcome mess!

[Dipply75]

Hi Tigga

 

defo send the subject access request, and can you post their claim, minus all your personals, for us to read over?

[tigga_1961]

thanks for that i will do, guess if it is enforcable could argue why it says fixed rate % at top and variable halfway down,, when i sar, can i get all info help even from previous loans?

[Dipply75]

the full subject access request should get you absolutley everything company has on you, all data, including computer records, manual records details of telephone calls, details of any other company they have passed your data on to, everything, no matter how far back.

 

With Welcome however, they seem to either randomly leave stuff out or just send you what they want you to know....once you get your stuff through give us a list and we will tell you what maybe missing.

 

There are various documents we have learned through various caggers that exist, but many of us never received!

[082stewie]

the full subject access request should get you absolutley everything company has on you, all data, including computer records, manual records details of telephone calls, details of any other company they have passed your data on to, everything, no matter how far back.

 

With Welcome however, they seem to either randomly leave stuff out or just send you what they want you to know....once you get your stuff through give us a list and we will tell you what maybe missing.

 

There are various documents we have learned through various caggers that exist, but many of us never received!

 

 

Is there a full template letter for this?

 

To get everything out of them. My SAR was incomplete and I didnt include phone recordings etc.

 

Stewie

[Dipply75]

This is the most complete one I have: (um, I added bits so check my spelling though lol)

 

DATA PROTECTION ACT 1998

FULL SUBJECT ACCESS REQUEST

 

 

Dear Sir/Madam

Your name: xxxxxx

Account No/ No’s

 

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements and agreements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

[tigga_1961]

thanks for having a look at this but now thinking its the same as traz, especailly being an 07 cca, ;( just my luck, regarding oh welcome signed for cca request day after it was posted.

[082stewie]

Hi Tigga,

 

Post up as much info as possible and remove any trace evidence of yourself. Mine is a 2007 contract and its not what it seems. Can you use Photobucket? The one you have up I cant zoom in on and read the fine print. Sorry:-?

 

There are loads of factors at play here.

 

We have some serious math boffs to who can perhaps help with the numbers and advise. So you have nothing to loose.

Stewie

[tigga_1961]

hi stewie thanks for the reply that was uploaded using photobucket,!!!

[tigga_1961]

this was uploaded using photobucket, is there anything else i can try to make it clearer?

[andie_303]

thanks for having a look at this but now thinking its the same as traz, especailly being an 07 cca, ;( just my luck, regarding oh welcome signed for cca request day after it was posted.

 

can't see properly what date was this signed in 07? - it's just i'm not sure why but a site team member has told me there are a lot of fatal flaws in pre-april 07 agreements just trying to fiond out the actual ins and outs.