Welcome Finance big mistake.

[sickntired]

Taking a loan with Welcome was the biggest mistake of our lives. Although grateful for the money at the time, unfortunately we are now paying the price, I haven't tried to claim anything nor purposely miss payments (£270) arrears, but life takes it's toll sometimes and my 38 year old husband subsequently had two strokes.

 

We borrowed £15000 and now owe £20k+ our payments are £470 per month, which is basically interest only. I have been verbally abused - having been called a liar and a cheat and to top it of blamed with committing fraud for being 3 days late with a payment, to which I complained to head office.

 

Welcome are bullies who take advantage of ordinary people, and make life that little bit more difficult to cope with, they are economical with the truth and are very good at blaming customers for everything.

 

I dread opening the front door, my account manager has called several times, and despite advising them this month that I can not pay the £25 failed DD fee (I made the monthly payment by debit card) she calls me every single day - again complained to head Office who said the £25 could go on the account although it was in my interest to pay it. Today’s message from my account manager is a typically condescending one - she actually said I had no right to ask head office not to pass me through to my local branch as she was my account manager not them - I thought I had every right!

 

I'm tired of the battle, the accusations and the constant urgent calls, is anyone else being bullied in the same way, or are we failures? That’s how I feel - they don't realise what they are doing to ordinary families.

[ozzywizard]

Im going to call you tired as dont like to call anyone sick, lol.

 

Okies sorry to hear your and your families testomony, first of all you are not a failure, they are the ones that have failed you and the way they have treated you is unacceptable and not justified.

 

We need to first be firm with them and demand every communication is set in writing and never verbally or on the phone then you have tracibility for every action they make.

 

The good news is you have found us and we will help you on every move . .

 

My kids are waiting at the door to go out but I promise to advise further later this evening and we will get a few letters together.

 

Question, is it a secured loan and do you have any agreements from them you can post for us to check ?

 

will defo check your thread again later.

[Major Player]

You are in a good place to get help here.

 

Bullying, harrassment and downright lies are unfortunately commonplace on this board, but you have legal RIGHTS that they are violating.

 

I would suggest that you send the harrassment letter as well as a SAR and CCA request for starters (Can someone help with a link, I'm still rubbish at technology!).

 

You are not failures, the people that are on the attack are in self preservation mode, eventually they will not be working for the company as its going down the pan.

 

You have every right to complain to the head office, often a failing is that they pass the complaint back to the numpty being complained about to deal with but she is clearly poorly qualified to be doing her job.

 

Don't talk to her anymore, advise that she can only communicate in writing with you, bar her calls from her on your mobile and landline and in your letter to head office make sure to mention that it is her unprofessionalism and threatening behaviour that is violating the administration of justice act and also the FSAs Treating Customers Fairly approach.

[Major Player]

Ozzy double typing! This board isn't good for my temper, I get madder with them each day!

[sickntired]

Many thanks for your responses! I'll try to gather what information I can, but I don't remember leaving the branch with any copies of agreements, but I will look. I apreciated your comments thank you.

[beyondhope]

Tired if you dont have copies of agreement dont stress we can help get you one

[postggj]

Do You Have Your Agreement

[comebackjimmy]

Here is the CCA request Majorplayer taken from this templates library

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

Letter N - Ask your creditor for a copy of your credit agreement under the Consumer C

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[sickntired]

Thanks for that.

 

I do remember signing the agreement, my husband signed a couple of days after I did at our local branch, I don't remember him coming home with a copy of it - but I will look this evening through our paperwork.

[comebackjimmy]

Here is the Harassment letter

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

and here is the Subject Access request Letter;

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

[Mummy 3]

Hi, sounds like we are in a similar position and have similar opinions of welcome finance. I never realised that they treated so many people so badly l i joined this forum the other day. The loan with welcome is actually my partners but he would just sit and take their crap so i decided, with his ok to take advice from this forum. Today we have sent of the subject acces report, the CCA and also a letter about telephone and doorstep harrasment. I actually had a welcome finance worker who came to my door last month call me a big fat B***h!! And told me to go and get a job! (i have one and am on maternity leave, not that it was her buisness!). This forum is fantastic and the people on it are so helpful.

[ozzywizard]

Tired yourself and Mummy are in the same position so at this stage need the same letters wth the exception of Mummy being under Scotish law so I going to give you the same letters that I orriginally gave to Mummy.

 

send off recorded delivery, the CCA being the most important as this will get you a copy of your agreement in 14 days which we need to check exactly were you are upto on your loan. any questions just ask. Do not confirm your password on the phone or engage in conversation with them.

 

Subject access request

 

WELCOME FINANCIAL SERVICE

COMPLIANCE

RUDDINGTON FIELD BUSINESS PARK

RUDDINGTON

NOTTINGHAM

NG11 6NZ

 

REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIEVERY

 

Never sign but print signature.

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

 

 

 

Data Protection Act 1998

 

 

 

Subject access request

 

 

 

 

 

Dear Sir/Madam

 

 

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject access request, I shall also be reclaiming the enclosed £10 Data Protection Act Subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature

 

 

[name]

 

CCA

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974.. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name (not sign) and enclose a one pound postal order, send it to head office (RECORDED DELIVERY) at :

 

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

......................... ..................

 

 

PHONE HARRASSMENT

 

 

 

DATE HERE

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

Re: Harassment by telephone and doorstep visits

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Furthermore, should it be your intention to arrange a “doorstep visit”, 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 such an appointment with you.

 

There is 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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

It is unfortunate that I feel forced to send this letter due to the attitudes and continued missconduct from your employees that have previously visited me at the above adress and have treated my family and myself with abusive behaviour, this will not be tolerated and will be reactivly dealt with by imediete contact of the police to enforce the law.

 

Yours faithfully,

 

 

 

[NAME HERE]

[Jamesx81x]

Did you manage to find a copy of your agreement?

[sickntired]

I have looked everywhere and can not find a copy. I know for sure that I was not given a copy as my husband had yet to sign - I'm thinking that perhaps neither of us were given one. I will use the letter above to get a copy - is that right?

[beyondhope]

the cca letter taking 14days will give u a copy of your agreement, sar gives everything they hold on you even down to computer notes

[sickntired]

Hello again

 

Time limit for the sar has been and gone (11th May), I am now going to chase this but am I able to put the account in dispute until they send the paperwork to me? I also read on a post that we should be asking for an insurance underwriting certificate to look for hidden commission. Is this correct? I haven't paid the direct debit due today and have been called three times already!

 

Any advice much apreciated.

[postggj]

The Sar Is 40 Days

 

The Cca Is 14 Days

 

Ill Dig Out The Correct Template

[postggj]

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

[sickntired]

thanks for that. I'll get this sorted tonight. What about the dispute part? or am I just making things worse for myself?

[sickntired]

Sorry didn't read it properly thanks for your help

[beyondhope]

That account in dispute letter is in fact out of date since the high court rulings please dont send it.

 

You can send the account in dispute letter but without the refraining from paying etc they still have to comply BUT if you stop paying they are entitled to collect on the debt although not 'enforce'

 

also welcome are not a member of the banking code and therefore dont have to abide by the same rules so account in dispute as such doesnt mean anything!