Welcome Finance charges court claim - they have counter claimed - help

[Grundles]

Hi All,

 

I have requested an SAR from Welcome Finance, with a cheque for £10.00, they have not yet banked it.

 

I sent it signed for, they have signed for it the day after I put it in the post and I have printed the confirmation of this.

 

I hadn't heard anything and they hadn't banked the cheque

 

I sent a "reminder".

 

They have now written to me saying that they need a cheque suggesting they have not received the initial request, yet they have signed for it?!

 

Is this a normal stalling tactic?

 

The 40 day period expires tomorrow......mail has been redirected so is taking longer to reach me.

 

I am fine with this as this is expected but am very annoyed that they have signed for it yet are now denying they have had it!!!!

 

Any help appreciated.

 

Thanks.

Edited May 23, 2013 by Grundles
typo!!

[renegadeimp]

Most definitley is a stalling tactic. Give them a couple of days, and if you dont get any documents, then you need to have a read of http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[Grundles]

After a lot of pestering and calls etc I have managed to get them to waive the fee, although I will have to wait another 40 days max tor receive the SAR

 

Not sure if I would rather have paid the money and had the info within the original 40 days or not!

 

Thanks for the advice RenegadeImp xx

[renegadeimp]

SAR starts from the time they received your request. They dont get another 40 days because they messed up.

[Grundles]

I know, I did try and point this out, she was quite rude to me but it was more progress than I've made for a very long time.

 

I've got the information for free (so long as it turns up!!) and she did assure me that it probably wouldn't be another 40 days that I would have to wait.

 

To be honest I stand to have the remaining debt written of plus some money returned to me from my rough calculations I've done on what I reclaim so I think I can cope with waiting a little bit longer. I'll be back no doubt, asking for help on reclaiming the money from the little blighters!!!

 

xx

[BRIGADIER2JCS]

You must now escalate this to a formal complaint to the Data Controller at Welcome and a complaint to the ICO with evidence that the cheque for the stat fee has been cashed, any thing else is wasting time.

[Grundles]

Hi Brig,

 

They haven't cashed the cheque yet,

that was what alerted me to the fact that they hadn't actually done anything towards getting me the information

and why I sent the "reminder" letter to them,

 

they then replied saying that they hadn't received anything before the "reminder",

alas what they hadn't banked on was me keeping my recorded delivery and printing off the signature taken when they received it on 24th April!

 

I have stopped the cheque also to stop them saying one thing and doing another

 

I will be making a complaint to them about how long this took but I want the info first as knowing what these companies are like,

rock the boat a bit too much and they drag their heels even more.

 

xx

[BRIGADIER2JCS]

OK, the same applies,

 

To The Data Controller

Welcome Finance.

 

 

Ref: Data Subject Access Request under DPA 1998.

 

Formal Complaint:

 

 

Sir/Madam,

 

On xx xx 2013 I sent a Subject Access Request made under the Data Protection Act 1998 to the offices of Welcome Finance at.................:

 

Upon checking my bank account I have found that the payment made by cheque number xxxx in the sum of £10.0 the required statutory fee for a DSAR has not been cashed.

 

I had written a reminder letter regarding the outstanding SAR and received a reply stating that no request had been received at Welcomes offices, this is either incompetence and or a deliberate delaying ploy by the company.

 

I have attached herewith a copy of the signed proof of delivery of the letter dated xx xx 2013, clearly Welcome had received the DSAR on that date and the 40 days allowed for compliance started on that day.

 

Although Welcome have now agreed to waive the statutory fee I believe that this matter should be reported to the Information Commissioners Office, before I do this I would like a full explanation as to why Welcome has denied receipt of my request.

 

Send this as soon as you get the SAR data.

[Grundles]

Thanks Brig shall put this in the post as soon as I get the info x

[BRIGADIER2JCS]

Thanks Brig shall put this in the post as soon as I get the info x

 

OK please let us know the results of the SAR.

[Grundles]

Will do.

 

Hoping to get my Barclaycard one today, I'm excited to see what that holds for me :-/ x

[Grundles]

What letter should I send them to reclaim charges? Is it the same one for the credit/store card? Also, which spreadsheet, the same one as I used for barclaycard?

 

Thanks am chasing today to see where they are at with the SAR...hoping that if I chase enough I will get somethign out of them!

xx

[dx100uk]

I would guess as they do, welcome will be charging you monthly int [capitalisation]

if they do

its the same process as aCC yes

 

post up the statement when you get them.

 

dx

[Grundles]

Thank you

 

This could be a cracker of a claim as there is also PPI on this one.

 

Am hoping I don't finish off an already sinking ship haha.

 

I'm not sure how successful my claim is going to be,

but considering they really shouldn't have lent me money in the first place

(Aged 19, earning only £600 a month I really wasn't going to be able to pay it back at the interest rate they wanted!!)

then I hope I have a bit of a case against them!

 

Am hoping I'm not forced to go to court to get it back

 

otherwise you lot really will be fed up of me!!

 

xx

[dx100uk]

when where the loans taken out?

 

was it just one or many rolled?

 

dx

[Grundles]

One loan for £2000 taken out in 2007 I think (exact date should be confirmed on SAR).

 

Am I screwed??x

[dx100uk]

why?

 

dx

[Grundles]

Just wondered if it was too long ago to be claiming it back?x

[dx100uk]

there is no time limit on ppi reclaims

 

charges might hit 6yrs though.

 

dx

[Grundles]

Thanks DX.

 

Spoke to them today, am literally going to chase them every other day until I get my info!

 

He spouted the usual we have forty days to conform bla bla bla!!

 

He says it will be with me 25th July, as that is 40 days from when I first sent it on 24th April.

 

Just to clarify, is it working days or just days??

 

When I enquired as to how they were getting on with he said "no movement" since I caled on 29th May,

 

at this point I hit the roof as he went on to tell me that it was an easy job getting the information together and printing it off,

 

it didn't take very long at all all that [edit].

 

Soooo then, why are you taking so long I asked, at this point he seemed to lose interest in my conversation and just said he didn't know.....!!

 

I actually think I hate them!!x

[dx100uk]

calm dowm

 

you need the info.

 

they have 40cal days.

 

ok they made a mistake.

 

give them time.

 

dx

[Grundles]

Got the SAR eventually.

 

They have sent me two statements, one is the actual statement and the other is one with the PPI premium "lent" to me at the start taken off,

which leaves me with around £1000 less owing.

 

Have gone through and put all my charges into spreadsheet

 

I used for Barclaycard claim, charges plus interest = around £11,000 !!

 

I've paid them £4700 on a loan that should have cost me £1300 + credit of £2000.

 

They've added an attachment of earnings court fee which was done due to an admin error and the CCJ fee, again which wouldn't have been added

if they hadn't charged around £50.00 a day for "outgoing phone calls".

 

Just an update really. Letter and claim have gone in the post today recorded delivery so we shall see I suppose!

 

I'm not holding out much hope of them just coughing up but one can dream....x

[BRIGADIER2JCS]

£50 per out going phone call that is reclaimable!!

 

Good luck!!

[Grundles]

Hi people,

 

WF have responsed saying they may take up to 8 weeks to respond in full to my reclaim.

 

I specified that the time they had was 14 days in my letter, rather dropped the ball on this one as have been battling with BC so they've had more than 14 days.

 

But they have responded, just not actually responded to the charges reclaim.

 

Do I still send them the LBA or just give them a "nudge"? x

[Grundles]

Just received the following from Cattles/WF...

 

"Thank you for your recent email to Welcome Financial Services Ltd.

 

On 2 March 2011, the Financial Services Compensation Scheme ("FSCS") took the decision to declare WFS in default after considering that WFS was unable, or likely to be unable, to pay claims against it made by policyholders.

 

I have forwarded your email onto the FSCS team responsible for handling Welcome Finance claims who will be in touch with you shortly.

 

Should you have any further queries in the meantime, they can be contacted on 0845 373 0386 or claimanthelp@cattles.co.uk."

 

Does this email scupper my chances of getting my money back?

 

They also sent me another email yesterday saying that they didn't have the correct address for me and that I needed to confirm my identity, I refrained from replying "LOL!" as they've already tried that one with me AND sent me the SAR to my address.

 

Any advice on whether I just crack on and take them to court? They've had more than enough time now to send me a more substantial reply!

 

xx