Welcome

[ozzywizard]

Checked the tracker and CCA was received on the 3rd December so if nothing in tomorrows post then it is in dispute.

 

Do I now send below letter and not pay them lol . .

is it this one??

 

Dear Sir/Madam

 

Account In Dispute

 

 

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. 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 **DATE**.(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.

 

Edited December 17, 2009 by ozzywizard

[beyondhope]

yep

[ozzywizard]

Ok begining to panic on this, I know what the law says on none compliance with the CCA request and putting account in dispute. However they have not been paid for 3 months so allready behind (due to them taking overpayments) and I have come to a payment arrangement that is affordable at 200 a month (arrears paid in 6 months), I fear if I do not give them the 200 pound due on 24th December they will not allow another payment arrangement and I will have to pay loads more at once or a bigger repayment once out of dispute.

Please advise, sorry to panic just want to sort my finances so they affordable .

 

To be honest the 24th Payment will be a struggle as would with any family day before christmas with 5 kids.

 

Unless I get some assurance I will be paying them on the 24th.

[beyondhope]

if you are concerned about being able to pay IF it gets sorted why not put the money away and then when its sorted u can pay it in one go and if not you have a nice little pot for a holiday or something

[Sol]

As we've said, once a company fails to provide your CCA within 14 days your account is officially in dispute and you do not have to pay; ultimately, it's up to you whether or not you pay.

[ozzywizard]

Ihave the "account in dispute" letter to send on monday .

 

grrr, just had a text of my wife (im at work) saying welcome sent letter today to inform us our account in arrears, how mad are these ppl . . we have a payment arrangement setup to pay on 24th and they still send letters....I was hoping it would of been the agreement.

[ozzywizard]

Back home from work and received the letter.

 

it is a "notice of sums in Arrears" stating 400 shortfall and total outstanding being 18K.

 

I guess this is pretty standard.

[postggj]

well 14 days are about up

 

spend the cash on the children or grandchildren for christmas:)

[ozzywizard]

Cheers Post, that is sound advise, no grandchildren, not that old haha. the kids ages are 9, 5,5,4,0 . . lol.

 

I will send dispute letter on monday then await the CCA if not received all other correspondance re payment will just be filed.

 

I just panic that in example 2 months they comply with CCA and I owe them more than is affordable and they will not accept payment plan.

[postggj]

They Cant Demand The Missed Payments Or Charge You If The Cca Turns Up

 

No Enforcement Allowed

[ozzywizard]

Exelent that answers everything for me. thankyou from me and everyone on here Post for your help and support

[ozzywizard]

Received my SAR today, still awaiting my CCA so account is still in dispute right?

 

Ok, there is loads been sent, I meen loads of loan top ups and re-writes and notes and contracts etc. none of which is current contract in fact it says on notes they could not find lol.

There is too much for me to copy etc so i will post bullet points and if any one has any further action then please advise .

 

1) what is capitalisation i think it is interest ? (on the same day over 1000 has been applied )

 

 

2) I have telephone call fees, debit card declined fees, letter fees, AD hoc fee, settlement penality interest.... payoff cancelation, capitalisation,

 

3) loads of balance transfers from one account to another. loan disbursement and fee disbursant.

 

4) note_ issue forwarded to finance as there is no fix in place on secured loans to have an acceptance fee removed rom a loan - cancel and rebook . .

 

5) Local branch booked deal incorrectly including an acceptance fee that was not on the orriginal contract, however the contract cannot be located and was never sent to DIP.

 

6) mortgage indemnity fee of 1.650 on loan of 15.000 on june 2005.

mortgate indemnity fee of 935.00. on loan of 8500 OCT 2004.

mortgage indemnity fee of 550. on loan may 2004

 

7) PPI on june 2005 contract.

PPI on loan OCT 2004 contract

ppi on loan may 2004

 

8) acceptance fee 235 on contract 2005.

acceptance fee of 235 on contract OCT 2004.

acceptance fee on loan may 2004.

 

 

Still looking through all this, there is loads, summary. unsecured loan in Feb 2004 received no paperwork for, then may and oct 04 were top up loans that were now secured.

in 2005 we had further top up loan, in august of this month they did a rewrite and have lost contract.

[beyondhope]

im far from an expert but this is my take from what ive read on here (someone please correct me if im wrong)

 

There shouldnt be MIF on a loan of 15k as it isnt a mortgage....

 

PPi from previous contracts should be taken from balance at rewrite especially if taken on following loan.....

 

whoopsy daisy no contract no debt!

 

As I say this is just things I think and im far from an expert so wait for other comments

[ozzywizard]

My thoughts exactly Beyond hope, just like you I am no expert but for the both of us to think the same im sure we are right.

 

I have just sent the account in dispute letter and they can whistle for their

xmas eve payment

. . . of 200 pounds, oh the quote is from their notes ...

Also their SAR included nothing of our first agreement in march 04 for unsecured loan and nothing of this new one apart from notes saying cannot find. lol.

[beyondhope]

oh poor them shame you have it in black and white

 

Have a wonderful christmas all extra £200 worth

[ozzywizard]

sorry just a little nudge to the top as really need advise on the SAR ....

Edited December 22, 2009 by ozzywizard

[mark1arby]

Ozzy after I recieved the less than full SAR from The **** I wrote again enclosing a copy of my original request and adding in any bits I had not done in the first.

 

Data Controller

Welcome Finance Limited

Kingston House

Centre 27 Business Park

Woodhead Road

Birstall

Batley

West Yorkshire WF17 9TD

 

 

Dear Sir,

 

You will find enclosed a Subject Access Request under the Data Protection Act 1998.

 

This SAR was sent to Welcome Finance Compliance in Nottingham, and received and signed for on the 2nd September 2009.

 

The reason we are writing to you now is that the SAR was sent to us at the above address on 14th September 2009. At the time we thought this very quick for an SAR to be actioned. Has you will be aware the term is 40 days to comply with such a request.

 

The reasons for this quick turn around have now unfortunately become clear. When we looked at the documents we realised that this is not at all what we asked for in our initial request, has you can see from the enclosed copy.

 

We have decided to write to Data Control because we are sure you will be able to supply any missing documentation such as any emails, computer screen shots of any activity to do with the accounts in both of our names. As well as all transcripts of telephone calls between Welcome Finance and ourselves. There are also no details of the insurances we purchased with the loan, no policy documents nor any terms and conditions of these insurances.

 

 

In addition to our original request, we would like you to supply us with all details of Any Insurance Premium Tax. Who this Tax was Paid to and When. How much was paid to the Underwriter of any policies. How much was paid to Direct Group.

 

We also require computer screen shots of transfers, amounts of transfers to whatever outside company has handled our data in relation to insurance products.

 

We would like to thank you for your time and for your co-operation with us due to any failures on behalf of your colleagues at Welcome Compliance or our local Welcome Office.

 

We await the completion of the full SAR and await your reply, in the first instance upon receipt of this request/letter.

 

Faithfully MARK.

 

We got a few extra bits in the next SAR, still not sure we had it all though. The best thing is I`m sure somebody had a right bollocking because data Control had to take time out to deal with an unruly Civilian who dared to write direct to them, when it should have been sorted long before they ever heard of Mr & Mrs Mark.

 

If any of the above helps, edit as you feel fit M8.

 

Regards, MARK.

[postggj]

You Are Getting Rather Good At This Welcome Game Mark:D

[mark1arby]

Thanks for that post. Hope all went well. Glad to see you Hopped straight back here.

 

I don`t mind giving support but I will gladly leave the legal stuff to you any time. Don`t understand half of it my self, so would not feel confident to give advice involving courts and the law etc.

 

I just hope I can calm people down when the **** or any other S*te of their ilk come bothering people.

 

It`s easy to point people to the areas on The Consumer Forums that may do them some good.

 

Regards, MARK

[stepwayne]

and i appreciated that mark. thanks m8.everyones really good on here. just when you feel the worlds against you. thanks again

[mark1arby]

Thank You V much wayne. Everyone is really good on here. More people need to look in other places as well. There is a lot more here than just the **** forum.

 

If anybody finds some thing they think is useful elsewhere they can come here for confirmation. They may just find something that nobody else has. And together we can make changes.

 

Merry Christmas, MARK:D

[ozzywizard]

I will send the letter cheers Mark,

 

my concerns though are the points I made :

1) what is capitalisation i think it is interest ? (on the same day over 1000 has been applied )

 

 

2) I have telephone call fees, debit card declined fees, letter fees, AD hoc fee, settlement penality interest.... payoff cancelation, capitalisation,

 

3) loads of balance transfers from one account to another. loan disbursement and fee disbursant.

 

4) note_ issue forwarded to finance as there is no fix in place on secured loans to have an acceptance fee removed rom a loan - cancel and rebook . .

 

5) Local branch booked deal incorrectly including an acceptance fee that was not on the orriginal contract, however the contract cannot be located and was never sent to DIP.

 

6) mortgage indemnity fee of 1.650 on loan of 15.000 on june 2005.

mortgate indemnity fee of 935.00. on loan of 8500 OCT 2004.

mortgage indemnity fee of 550. on loan may 2004

 

7) PPI on june 2005 contract.

PPI on loan OCT 2004 contract

ppi on loan may 2004

 

8 acceptance fee 235 on contract 2005.

acceptance fee of 235 on contract OCT 2004.

acceptance fee on loan may 2004.

[postggj]

Hi Ozzy

 

You Have Been On Long Enough Now To Know Welcome Is All A [problem]

 

The Agreement Is Crap Just On The Mif

 

What Do You Want Now And How Do You Want To Play It

[ozzywizard]

Welcome back Post and glad your op went well.

 

As always you are right, I have been here long enough to know exactly what welcome is, however in the past I have prefered to not fight them and pay what is affordable to avoid the confrontation.

 

Now to answer your question,

 

I want to take it all the way, too never pay these vultures another of my or my families money, eventually prove that they have no enforceable claim on my property, and my debt to them is nothing but hearsay.

 

I agree normally the MIF would be enough to prove the above, however I have stupidly in the past signed a rewrite so would this cancel this out ? . this is the first big question . . .

 

should I write to them and make them aware of the MIF now, or hold out on this as the account is allready in dispute as they lost my rewrite credit agreement so not come good on the CCA.

[postggj]

To Be Honest

No Agreement

No Debt

No Money Welcome

 

Spend It On A Merry Christmas

 

If The Previouse Agreements Can Be Proved As Fraudalent, A Jdge Will Rule In Your Favour

 

Welcome Have No Defence On This Mif So Keep It On The Back Burner

 

As Long As They Are Not Giving You Any Grief

 

I Would Leave Alone