Help with 'Welcome' please.

[mark1arby]

Hi Postggj,

 

I see you are very busy but I just wondered if you had chance to have a look at my thread again.

In November you said you would try to do me a letter because we agreed that the insurances had been mis-sold due to Life cover already been included in the ppi.

You thought that there was a lot wrong with this agreement...ie. Extortionate Interest at 72.24 % and mis-sold ppi and insurances.

 

I dont know what to do now.

Shall I just wait for their response.??

Shall I try and do another letter regarding the ridiculous Interest rate??

 

Help please....anyone......

 

Thanks

Dawnx

 

Don`t know why post keeps missing you Dawn. If all else fails, let`s try another little BUMP!!!

[pwg6565]

Hi Dawny.. From reading his recent posts I think Postggj is busy writing letters at the mo and catching up. I am sure he will have yours on his long list. Enjoy this little break now until the world gets back on its feet on the 4th Jan and I am more than sure he will be on it !!

[mark1arby]

I didn`t mean any offence. I don`t think we appreciate just how busy post is in his "Mission", not just here on the Welscum Forum but elsewhere on CAG.

 

It also can not hurt to bump some one who has been as patient and polite has Dawn has been.

 

Cheers, MARK

[dawnytrish]

Thanks Mark.

I don't think anyone takes offence on this forum.Everyone is so helpful.

Busy busy people though so must be patient.

 

Dawnx

[ozzywizard]

Happy new year

[emmilou1]

Another bump for you dawny

[dawnytrish]

Hi Poste

Just been looking at our agreement and it has variable interest of 72.24% on a FIXED RATE loan.

It also has the 1(b)clause in the T & Cs as you mentioned on Abicuties thread.

Is this of any significance.

 

Thanks

Dawnx

[postggj]

Have A Nose At Beyondhope Thread

 

Post 88

[dawnytrish]

Yeah....just have.

Thanks

Dawnx

[dawnytrish]

Quick question.

We received a Statement of account with the SAR in October.

The account was 12 months old in November......should we have received another statement then.

 

Dawnx

[dawnytrish]

Hello again.

 

Have just been going throught folder and been looking at Statement of Price.....have done a link below.

The Interest on the ppi etc is more than the insurances themselves.:mad:Disgusting....

 

And it looks like they have charged interest on the acceptance fee......is this correct?

CCF11102009_00000.jpg picture by dawnytrish - Photobucket

 

They have not sent any final response which was due today so I am going to try and do a letter myself.

Can anyone tell me if this interest is legal and also if the acceptance fee with interest is ok.

Thanks.

 

Dawnx

[dawnytrish]

now i wonder why

 

this whole thread stinks

 

welcome have screwed him in every way poss

 

this is going to be some letter and i wont pussy foot about

 

Hi Poste,

Any help with this letter yet please. I am in a real pickle now.So much to put in a letter to them as they have not sent a final response to our letter by 8th January as promised.

 

Incomplete SAR...No info re previous car loan with ex girlfriend.

No info re insurance products/underwriters/who insurance premiums were paid to.

 

How can the interest on the insurances be more than the cost of the insurances themselves.

 

Interest charged on acceptance fee....is this ok.

 

No insurance details received from Direct Group or Welcome until November this year so asked to cancel re 30 day clause.....no response.

 

Miss-sold ppi.....Advised to take it for a better chance of getting credit.

The total repayments not explained fully......he had no idea how much he would repay.

 

Sold Lifecare and Accident Insurances which the PPI would pay out on anyway.

5years lifecover on a 3 year loan.

 

Cash advance of £2500....Insurances £3340.51...Surely OTT.

 

72.24 % Interest....Extortionate credit bargain!!!!

 

Variable interest on a FIXED rate loan????

 

All this into one letter....please help......

 

Can we give them a time limit and then put the account in dispute?????If so what is a legal reason to dispute?

 

Thanks in advance.

Dawnx

[pwg6565]

Hi dawny.

I am no expert but surely the fact you have an incomplete SAR after the 40 day time scale means account in dispute !!

[pwg6565]

Have you tried this letter ? It gives them a final 7 days to comply.

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

 

 

[name]

[dawnytrish]

Thanks PWG.

I didnt tell them that the SAR was incomplete just waited.

I did do a letter regarding cancelling the insurances re the 30 day rule but not received a reply.

I think I will have to do a letter including all the complaints and give them 14 days to answer them.

 

Thanks for taking the time to read my posts.

Dawnx

[pwg6565]

Hi Dawny.

As the time frames for response have expired I would still put the account in dispute.

That may motivate them into doing something (we can hope). Whlie the account is in dispute they cannot add charges etc.

[dawnytrish]

OK.Thanks for that.

I will do a letter with all the complaints and put it into dispute.

I will try and do it today and post it up for people to peruse.

Thanks

Dawnx

[dawnytrish]

Forgot to ask.....is there a template letter for putting an account into dispute that I can adapt.

 

Thanks everyone

Dawnx

[ozzywizard]

Hey Dawny, this is a dispute template for none CCA compliance. So it will need to be edited to your circumstances but gives you a foundation to work on. hope it helps.

 

 

Account In Dispute

 

ACCOUNT NUMBER 0000000.

Dear Sir/Madam

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 XX/XX/XXXX I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on xx/xx/xxxx (12+2 days after you sent the CCA 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 your client enters into a default situation.This limit has expired

As you are no doubt aware section 77(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.

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

[dawnytrish]

Thanks Ozzy,

 

I,ll have ago, but I feel its all getting beyond me now.

 

Dawnx

[ozzywizard]

Have a go Dawny, then post up what you have so a few of us can contribute towards it. we will get a good letter between us. hehe. . . thats what we are here for. ..

[dawnytrish]

Thanks Ozzy.Will do.

 

xx

[dawnytrish]

OK...Here goes....

 

Dear Sir,

I wrote to you on../../.. asking you to cancel all my insurance policies connected to the above account and also to complain about mis-sold PPI.You replied that you would issue me with your final response by ../../../and you have failed to do so.

I am therefore putting this account into dispute until the following complaints are answered.

 

1.The Subject Access Request which was sent to me was incomplete in that it contained no information regarding my previous account with you and no information about the insurance products/underwriters or to whom the premiums were paid.

 

2.Interest is being charged on the acceptance fee.

 

3.I had no details of any insurance policies until I sent a Subject Acess Request to Direct Group.These were received by me on ../../..at which point I requested that you cancel them all.I spoke to a lady at Welcome on ../../.. who said she would cancel the PPI immediately.I have received nothing in writing to confirm this.

 

4.I was advised to take out the insurances as it would help me to obtain the loan.It was not explained to me fully how much I would be repaying.I would never have agreed to pay £3340.51 for insurances and their interest on a £2500 loan had I understood this completely.

 

5.Lifecare insurance was sold to me even though the PPI would cover this loan and why was I sold a 5 year policy on a 3 year loan.

 

6.I feel that I have totally been taken advantage of with the extortionate interest rate of 72.24% and the agreement also states that this interets is variable....Why on a FIXED SUM loan agreement.

 

7.I have not received a Statement of account from you even though the account is over one year old.

 

As you have failed to comply to send all the documents requested I am now putting this account in dispute.

Consequentally any legal action that you pursue will be averred as both unlawful and vexacious.

Furthermore I shall counterclaim that any such action constitutes unlawful harrassment.

Please note that you may 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 the reasoning depends.

Should you not respond within 14 days I expect that this means that 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.

I reserve the right to report your actions to any regulatory authority 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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I appreciate your due diligence in this matter and look forward to hearing from you in writing.

Yours Faithfully.

 

How does this sound folks????

Edited January 9, 2010 by dawnytrish

[pwg6565]

Looks good to me dawny.

[dawnytrish]

Thanks PWG

 

Going to keep bumping it over the weekend to see if anyone comes up with any alterations and then post it Monday.

 

 

Is the account in dispute from when I post the letter...ie will he need to make his weekly payment next Friday?????

Anyone know???

 

Dawnx