Welcome Finance Question.

[postggj]

yes

compliance

recorded delievery

[pwg6565]

Thanks. Did you recieve my contracts ?

[BeauBrummie]

On my statement it reads 29/07/08 DISB TRANSFER DEBIT £ *****.** which is the day I signed at the branch.

 

Sorry to jump in on this thread but Postggj will remember this

 

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/151991-welcome-finance-pushing-boat.html

 

 

Now I may well know why Welcome wanted a re-write-----Me thinks SAR soon to be sent:grin:

 

Good luck with this pwg6565 I will be following with great interest.

 

Beau

[pwg6565]

Have just read your post Beau and some things sound very similar to me.

 

 

Stay in touch and let me know how yours goes.

 

 

I had to check through my Subject Access Request two or three times to spot what was missing.

 

 

I cannot understand why they have not included my original agreement from 2006 which this current loan over-wrote. Sounds fishy.

 

 

Am going to follow Postggj instructions to the letter on this one.

 

Hello Post.Any news on you recieving the agreements I sent you ?

[postggj]

ive got them

thanks

 

ill let you know tomorrow in the light of day

 

i need glasses

 

keep putting it off

[pwg6565]

No worries and thanks again. I will get on with the letters and phone calls etc tomorrow. I expect you are rushed off your feet at the mo. The branch that wrote the 2006 agreement closed in 2008 I seem to remember and when I went to sign it was all conducted in a hallway outside the office. I am wondering if the original agreement got lost when the branch closed.

 

Good evening to all.

 

I called Direct Group yesterday and they confirmed I had not had any PPI since 2003.

 

Said if I want more info I have to SAR them and it will cost £10.

 

Have sent the letter you templated me thanks very much Post and recorded delivery.

 

Payment was due today but strangely enough I have not had a single phone call or letter regarding payment.

 

Very, very strange as I am usually bombarded with calls a few days prior etc ??

 

 

Why so quiet do you think ?

[postggj]

i would sar direct group

 

they have now gone on the defence

[pwg6565]

Thanks Post. I will SAR Direct this week as well. And wait for Welcomes next response. I can only presume this is all about the fact they have left out the original agreement for the current re-write. What will happen to my secured loan if they do not produce the original agreement ?

[postggj]

as a rule a second agreement cancels out the second

 

but

 

the two agreements are linked being insurance etc being passed onto the second

 

well i should say

 

not being passed onto the second

 

with out the original, they are def in trouble on this one

 

lets see what direct group come back with

 

we need it in black and white

[pwg6565]

Ok Post fully understood on the agreements but I am more than sure I have not got any insurance on these secured loans.

 

The figures are a mystery on the statements from one loan to another which do not seem to add up

but as I say what concerns me is that the loan which was over written by this new one

is the only one that was not included in the SAR which arrived.

 

Did you get any joy reading the contract or do you think it looks ok ?

 

Hi to all and enjoy your weekend.

 

 

All letters have gone off this week Post.

 

 

SAR to Direct and the letter you posted for me to Welcome giving them 7 days to comply and I have put the account into dispute until all info is recieved regarding the previous contract.

 

 

Have noticed on my statements that at least three of my accounts have had SETTLEMENT PENALTY INTEREST.

 

 

I recall from another post that this is unlawful is it not

? Have you had a chance to see if my contract is the right or wrong one please ?

[postggj]

Settlement Penalty Interest Is A No No

 

Its A Welcome Con That I Have Only Just Discovered

 

Noware On The Agreement Or T&c Does It State They Will Charge This

 

It Has To Be In Black And White

 

Sorry Welcome (not)

 

You Have F---ed Up Again

[pwg6565]

Excellent news. Thanks. I will send another letter asking why it is on my statements. It adds up to approx £2500. What casn be done about previous agreements Post ?

[pwg6565]

Hi all. The phone calls started again yesterday. Two on my mobile and two at home. Have not answered any. I did state in my last letter that I wanted all correspondance in writing and not by telephone !! Any news on that contract please Post ? The letter which you gave me as a template was seven days from last friday and I have heard nothing as per yet..What would you suggest my next move if nothing recieved by friday this week ?

[pwg6565]

Good Morning all. Recieved a parcel from Welcome this morning which has a signed for sticker on the front of the parcel but I did NOT sign, the postman just gave it to me !! Anyway it contains the same Subject Access Request which I had already recieved, no mention of the missing information I had requested with the 7 day limit now expired. So just wondered if any of you have thoughts on my next move now Welcome have not complied ?

Edited September 26, 2009 by pwg6565
Incomplete

[pwg6565]

Post I have sent you a PM.

[pwg6565]

I have had a good look through the second SAR that I recieved yesterday and apart from the letter date it is exactly the same as the first. So no contract for the original loan (2006) which was re-written last year by Welcome. Also no response to my pointing out settlement penalty interest etc. Do you think I should send another strong letter asking why these issues have not been answered ?

[postggj]

hi pwg

 

ime on holiday now for two weeks

 

lets get this moving shall we

 

see you tomorow when ive gone over the docs

[pwg6565]

Good Morning Post. Good to hear from you and thanks very much. If you need statements etc I can PM them to you after 5 today, anything you need.

 

Evening all. No contact today on the phones from Welcome which was unexpected to be honest. Payment is now two weeks over due. Still no official answer to any of my complaints though ? Any contract news please Post or thoughts about the next move ? F.O.S. maybe ?

 

Good Morning Post. Hope you are enjoying your hols.. Any news on the docs ?

 

A second day without telephone calls. Anyone know if the Ashford Branch has closed ?? Very strange how quiet it has gone. Why are they now ignoring me ? I am now a month behind on a large secured loan. Is this how they play the game when they withold information requested ?

 

Good morning all. Any news as of yet PostGGJ. I was thinking of writing a letter asking for the information denied thus far or advising that I will pass all information on to FOS. Thoughts please ?

 

I have decided this morning to send an official dispute letter to Welcome listing the information they have not given me (twice) and send a copy to the F.O.S. I have looked through the letter templates but cannot find an official dispute letter. Can someone please point me in the direction of one ? Kind Regards.

 

I found this template on someone elses thread. Is it ok to use ??

 

ACCOUNT IN DISPUTE

 

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

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.

 

As 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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Hey everyone, any news Post on what you suggest my next moves etc ?? Should I go with the above letter do you think ??

 

http://i914.photobucket.com/albums/ac350/paul6565/Picture040.jpg

[dawnytrish]

Whatever is capitalisation....and is it legal????

[pwg6565]

I think it is the interest charged each month ? I am trying to upload all statements but photo bucket seems to be down at the mo so TBC..

[pwg6565]

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"http://i914.photobucket.com/albums/ac350/paul6565/Picture041.jpg"

 

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"http://i914.photobucket.com/albums/ac350/paul6565/Picture045.jpg"

 

"http://i914.photobucket.com/albums/ac350/paul6565/Picture046.jpg"

 

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Statements from 2009 back to when I was foolish enough to get involved with Welcome. Any views would be very much appreciated. Also this morning I went through the latest Subject Access Request I have recieved and I have a contract which is someone elses including bank details, passport photos, bank statements etc..Any ideas what I should do with that and is it a possibility they have my confidential information ? I also noticed today on several of my agreements that I have been charged monthly for the Acceptance Fees so they actually add up to over £ 600 per agreement instead of £ 235 stated. Is that allowed ?

 

This is my current RE-WRITE Contract 29/07/08.

 

"http://i914.photobucket.com/albums/ac350/paul6565/DSC00224.jpg"

 

"http://i914.photobucket.com/albums/ac350/paul6565/DSC00225.jpg"

 

"http://i914.photobucket.com/albums/ac350/paul6565/DSC00226.jpg"

 

I am missing the contract from 28/11/06 which the above over-wrote.

These next few contracts are all I have been given going backwards in date so I dont even know if I have them all and I get confused trying to match them with statements as dates do not match ?

 

"http://i914.photobucket.com/albums/ac350/paul6565/DSC00228.jpg"

 

"http://i914.photobucket.com/albums/ac350/paul6565/DSC00229.jpg"

 

"http://i914.photobucket.com/albums/ac350/paul6565/DSC00227.jpg"

 

Couple of letters from previous.

 

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"http://i914.photobucket.com/albums/ac350/paul6565/DSC00230.jpg"

[postggj]

hi pwg

 

i cant believe what i am seeing

welcome are doing there standard charge, be it either 10 or 25 quid

then a fee assesment

 

ill decode this

 

they are adding interest onto the charge or interest from the time your dd leaves your bank until it gets to welcome

 

why are they putting charges straight onto your account and charging interest from day 1

 

its now 28 days notice before they can levy a charge

[pwg6565]

Thanks Post I really appreciate this. I cannot believe I have some elses contract and all personal data including bank statements etc. What should I do with that ?

[postggj]

well i would contact this person and let them put a rocket up welcome

 

then i would turn the screw and send the whole lot including a complaint to the ico

 

they take a dim view on this now

[pwg6565]

I have tried all the phone numbers on the agreement but they are all disconnected it seems. It was a 2005 agreement but it is still very wrong and has very much annoyed me as it makes me wonder if someone has my missing agreements etc..

I will contact the ICO Information Commissioner's Office - ICO anyway regarding this.