Unknown 1st credit CCJ/CO welcome finance debt

[jdene]

will do as you say, he should see the sense of getting his solicitor to sort it.

Thanks for your help will keep you updated.

[jdene]

bump

[brassed-off-2]

bump

 

is the caselaw not WILSON V HURSTANGER ?? not sure but it may help!!

[jdene]

thanks for that BO2 will have a read through see what it turns up.

[jdene]

trying to put a letter together for this but not sure how best to word it, the agreement is a nonsense with no total repayment figure as a main point, no details of commissions paid to insurance brokers the insurances were all missold anyway and the insurance requirements document has a pair of signatures that are not my daughterinlaws or her ex's even though they had a good go at trying to copy them.

So any templates or suggestions for a letter would be very much appreciated.

jdene

[jdene]

I know everyone is very busy but could someone please take a look at the agreement and insurance document posted on this thread please, I am struggling with putting a suitable letter together to reply to thier CCA they have provded the minimum as ussual.

Welcome secured loan PPI rip off

[jdene]

bump

[jdene]

Just going through some of the paper work they supplied with the CCA request, and theres an application to Norton finance and legal charge notice on the property from first credit that have been sent to Welcome is this normal I have got another thread about the first credit charge as these are down to her ex husband, jusy didnt expect to find them in a CCA?

[mark1arby]

Hi jdene. As far has I am aware the only documents that are in a CCA are a copy of the original agreement with T & c`s all of which must be within prescribed terms according to Consumer Credit Act 1974 and 2006. If this agreement copy fails to comply to the prescribed terms this allows the account to be put LEGALLY in to dispute. That is until they do comply.

 

An SAR is what will have a lot of paper work with it. Welscum do seem to have a problem distinguishing between the two. They have obviously decided to ignore my advice, (freely given of course) to give their staff extra training to sort out their s**t.

 

Cheers, MARK

[Et Contra Pacem Regis]

The case law you're looking for is the court of appeal decision in Wilson v Hurstanger (not the house of lords one which is mostly about human rights act matters). Quite aside from the PPI issue, the way they have written the agreement would fall foul of Wilson, because they have included charges entering into the total charge for credit (MIF and Acceptance fee) in the amount of credit. That would mean that the agreement is in any case unenforceable.

[jdene]

Et Contra

thank you for that will be getting a letter out to them Monday with those points, just politely requesting refund of all payments, wonder what thier answer will be lol

[Et Contra Pacem Regis]

Unenforceability won't entitle you to recover money you've paid to them. It just means that they can't get a court order to get any more money out of you if you refuse to pay them.

 

Missold PPI would entitle you to money back though...

[jdene]

All she basicaly wants is a return of the ppi and the rediculous charges and fees etc. just to clear the balance and get rid of them it was only a five year loan but they have leached off her for the last seven years by adding charges and fees.

[jdene]

My God have just done a quick calculation of the interest charged on the MIF and the Acceptance fee, put that with the insurances and the interest on them with a statutory 8% its almost £12k its no wonder she couldnt pay the thing off and thats without the fees nd their charges as they feel like it

[jdene]

Welcome have replied with this completely ignoring all the other questions and the PPI misselling do they think we are all as dumb as they are and willing to accept this kid of response http://i655.photobucket.com/albums/uu271/jdene/welcomereply.jpg"

[jdene]

could someone have a quick look at thier response attached above please have replied telling them they have ignored all questions but waiting for thier reply now

[jdene]

Had thier final response any suggestions welcome

action=view&current=finalresponse1.jpg"

action=view&current=finalresponse2.jpg"

[postggj]

Hi Jdene

 

Just Remind Me When This Agreement Finished

 

95 % Of All Ppi Comlaints Escalated To The Fos Are Upheld And Welcome As Usual Are Talking Rollocksr

[jdene]

Hi Post

this agreement is still ongoing on reduced payments its another never ending welcome agreement kept going with charges and interest.

[jamesf104]

Hi jdene, I just checked back to look at the agreement and the question the legal charge. In my opinion the prescribed terms are not there and to quote an estimated term of 60 months is not correct there should be a definite term of payment otherwise you cannot calculate an exact figure of total payment. In this case the total cost of credit is not shown and the payment term is not definite I am sure renders the agrrement not properly executed, therefore the security instrument is not properly executed either. They must remove the legal charge immediately as they have no legal right to hold on to it. This is because the security instrument can only be properly executed against a properly executed agreement and yours is not properly executed. Sections 105 and 106 of CCA1974 are applicable here (as I previously posted) assuming of course that the unenforcability sticks. I previously quoted own experience, no case law involved. Hope this helps a little

[jdene]

james104

thanks for that that is a big help need to get a reply to them now and to get this reported to the FOS.

jdene

[jdene]

anyone have a suggestion for a response to thier final response a good letter with the points above would be good to copy the FOS and the FSA in.

jdene

[jdene]

I am planning on sending this reply, anyone able to check for me and give suggestions please.

 

 

 

Welcome Financial Services

Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

Date: 25 November 2009

Dear Sir / Madam

Re: Account number

 

Further to your Final response dated 18 November 2009 you have again failed to answer all the points raised in my previous correspondence.

With regard to your response re: the insurances applied to the account:

As previously mentioned the PPI was forced upon us as we were told the loan would be refused without it, we never received any documentation from Direct Group giving us our cancelation rights which, had we been properly informed and treated honestly the PPI would not have been taken out, and had we known we could cancel we would most certainly have cancelled the policy, and we have not enjoyed the benefits of the insurance in any way.

Furthermore you have ignored the fact that the agreement is regulated and was regulated by the Consumer Credit Act 1974, and the fact that the agreement is not worth the paper it is written on, as it has several important prescribed terms missing. Sections 105 and 106 of CCA1974 are applicable, as the agreement does not contain all the prescribed terms it is therefore not properly executed therefore the Security instrument is not properly executed and the legal charge must be removed as it can only be applied to a properly executed agreement, therefore you have no legal right to hold the charge on the property and it must be removed immediately.

With regard to your comment on the statute of limitations this applies from the date that the breach or deception is discovered not from the date any breach or deception occurred.

Notwithstanding the above, there are still numerous anomalies within the agreement and documentation you have supplied including not complying fully with the CCA and SAR requests such as details of the payment of undisclosed commissions to welcome elite brokers for, the miss sold insurances.

Despite your assertion that my complaint has no merit I am confident that my complaint will be found to have merit along with the 95% of other complaints held up against your company for the same failings.

As your previous correspondence was your final response copies of this and previous letters will be forwarded to the relevant bodies for action to be taken.

Yours

[jdene]

dont know what happened there, but you can still get the gist of it i think.

 

jdene

[jdene]

bump