60 yr old Auntie needs your help with welcome finance

[pt2537]

This any better?

 

Dear Sirs,

 

I see from the paperwork provided on DATE that you have improperly executed the CCA in relation to account XXXXXXX and as this CCA is no longer enforceable under current legislation, I respectfully request that you close this account, release the charge upon the property known as xxxxxxxxxx.

 

Furthermore, may I draw your attention to the following:

WILSON V FIRST COUNTY TRUST 2001 3 A11 ER 229

 

This high court judgement stipulates that any document or acceptance fee added to the amount of credit before calculating interest is unlawful. This stipulates that the amount of credit is then misstated, the agreement is unexecuted as it does not contain all of the prescribed terms.

 

As per Financial Ombudsman guidance you have 8 weeks within which to respond to my complaint.

 

If you do not respond accepting these terms I will have to issue a claim through the county court for the closure of the account, the release of the charge on the property known as xxxxxx, damages and summary costs.

Yours Sincerely

 

 

Erm

 

what is the source of your information that Wilson was in the High Court?

 

from the House of Lords judgment

 

Mrs Wilson's response was to commence proceedings in the Kingston upon Thames County Court.

 

She lost, and appealed to the Court of Appeal, there were two hearings in the COA and then the case went to the Lords

[dadofholly]

I believe He got it from the same source as i received my advice from - think its a case of double check any advice given.

[eoghan]

Ok, so what's the upshot here? Did wilson ever win?

 

Is the CCA enforcable or not, because that is what is ultimately the question here...

 

Thanks.

[eoghan]

There's also an interesting article on wiki.

 

http://en.wikipedia.org/wiki/Wilson_v_First_County_Trust_Ltd_%28No_2%29

[pt2537]

Ok, so what's the upshot here? Did wilson ever win?

 

Is the CCA enforcable or not, because that is what is ultimately the question here...

 

Thanks.

 

yes, Penelope Wilson did succeed, the wiki article is incorrect evidently from the Lords own Judgment

 

As for the agreement here? that is a question of fact for the Court to decide on the evidence and the Defence raised by the Defendant in the course of proceedings. people on these forums quite often and incorrectly say that this is unenforceable, it is for the Court to decide r eally, so i cannot answer im afraid.

[eoghan]

yes, Penelope Wilson did succeed, the wiki article is incorrect evidently from the Lords own Judgment

 

As for the agreement here? that is a question of fact for the Court to decide on the evidence and the Defence raised by the Defendant in the course of proceedings. people on these forums quite often and incorrectly say that this is unenforceable, it is for the Court to decide r eally, so i cannot answer im afraid.

 

Thanks. I shall press ahead then and see what WF come back with. I understand that it's not the forum users that dictate the outcome and that if it comes to it, it will probably be court, but at least, there is precedent and hopefully this could work in my aunts favour.

 

Thanks for the feedback.

[pt2537]

Thanks. I shall press ahead then and see what WF come back with. I understand that it's not the forum users that dictate the outcome and that if it comes to it, it will probably be court, but at least, there is precedent and hopefully this could work in my aunts favour.

 

Thanks for the feedback.

 

 

so the matter is not currently in court?

[eoghan]

Ok. Updated. Welcome have come back with nothing and simply stated that if the debt is not paid within 14 days it's going to court.

 

So I have just done the fos pack and will get that posted today, I'll send another letter to welcome advising that the acc is still in dispute and is therefore unactionable until adjudication has been made.

 

Fingers crossed.

[dx100uk]

well done

 

dx

[eoghan]

Hi Folks,

 

Had a big update fronm WF, here's the copy pdf attached. I've written to the ombudsman outlining my complaint. In the meantime WF have somehow managed to get the phone number of my sisters phone number to try and locate my Aunt who I am acting for... surely that can't be legal can it?

 

I've also informed WF that as the account is still in dispute and has not been adjudicated upon it cannot continue its collection activities, in the attached it says it still can...

 

Anyways, have a look at the attached and any feedback very much appreciated.

 

Best Regards,

Eoghan

welcome_25th_feb.pdf

welcome_25th_feb_pt3.pdf

welcome_25th_feb_pt2.pdf

[MrZ]

Subscribed

 

Any updates?

[eoghan]

Subscribed

 

Any updates?

 

Nothing yet, the only reply she got was from the fos stating they had received her complaint and it is in process.

[MrZ]

Nothing yet, the only reply she got was from the fos stating they had received her complaint and it is in process.

 

Just a waiting game now. I'm rooting for you.