unknown Welcome Finance CCJ? - now IND own it? help

[dx100uk]

no the court case was section 69 int [8% same as the statint sheet claims]

 

 

I would suspect going by the way they keep dropping the total in their statements

that that's the annual interest they've refunded

so there for no interest was charged

they probably didn't send you any 6monthly statements

and if they wished to charge their int rate

under the rules they must send a statement better than once per year I think it is.

 

 

so both done and ready to go then..

[Andy111]

Well they must have applied some level of interest for the loaned amount of £3997 (inclusive of PPI) to have got to £5614 as per statement?. Even allowing for £495 of total fees in that time it still brings an interest of about £1100 off the top of my head charged?.

 

Anyways, all that aside, just how and who do I contact with regards to applying for or asking for the refunds?. With the PPI I'm guessing the FSCS?, but seeing as the account is now technically closed due to court hearing and having been managed by IND since 2013 and IND being assigned as the claimant since Jan 2017 how does this affect matters?.

 

Same for the fee charges, as guessing that's not exactly down to the FSCS?. If not, how and who do I apply for these refunds back?. And would any refunds have to go via the courts to the claimants or to IND directly?.

[dx100uk]

always the OC with any charges/PPI reclaims

till you are told otherwise

[Andy111]

Well I thought all PPI claims had to go via the FSCS now as per link to FSCS website posted in an earlier post?. If not, seeing as welcome finance as the OC has assigned all rights to the account\claim to IND it makes for contacting welcome finance somewhat confusing as they have always said any communication regarding the account has to go via IND?.

 

So in the first instance do I just need to find a current address for welcome finance and simply write to them with regards to the PPI & fee charges refund and if they don't respond or refer me to IND then contact the FSCS?.

[dx100uk]

they go to welcome

welcome staff are operating under the FSCS rules.

or will fwd.

 

 

don't forget you'll need the fos PPI questionnaire

and a covering letter for each.

[Andy111]

Thanks DX, going to try and sort it in a bit. But do I simply add a printout from the spreadsheet and include that to or should welcome finance know exactly how to calculate any refund to come off the total?. I assume that welcome finance would also have to communicate with IND over the matter too seeing as they are the current creditors and who any refund would go to?.

[dx100uk]

nothing to do with ind.

 

yes ofcourse you include the spreadsheets

whats the point in doing them otherwise!!

 

are you not bothering to read any other reclaim threads involving welcome?

 

2 sep claim.

PPI:spreadsheet+FOS CQ+covering letter

 

charges spreadsheet+covering letter

[Andy111]

Thanks DX, no, before now not read any other welcome PPI reclaim threads, was all about fighting the claim until now to be honest than ever thinking about a PPI claim. But been reading up a little last night on the issue.

 

Is there a template\example letter for the cover letter to go with the spreadsheets or do I simply just state the reason why I'm asking for the PPI charges and fees back?. And is it best to send both claim separately seeing as separate claims or can they be done in the same letter?.

[dx100uk]

i'd brush up a bit on other / any PPI and charges reclaims

not just welcome ones too

and don't forget the FOS questionnaire first too.

 

there are templates or I will post them.

most are already in current welcome threads

there one running now tandem to yours

[AndyOrch]

Perhaps better placed in the PPI Forum now DX?

[dx100uk]

i'll pop it to welcome forum

thanks andy did realise it was still fli

[Andy111]

Right, trying to get this sorted and sent off in the next day or so if I can,

thanks for relocating the thread DX,

 

been doing and will do some reading on these claims to better understand how things may well pan out before sending the claims off.

 

Is there a link to the FOS questionnaire if that also has to be included in the claims as i'm a little unsure on that?. But from reading it seems likely Aviva would have been the PPI policy provider?

 

Incidentally, slightly off topic,

I've visited the bank again regarding the loan payment that was claimed to have gone into the bank account (yet no proof ever provided by IND).

 

 

The money did in fact go into the account after all,

but this was a bank account I'd abandoned weeks before the agreement was even made.

 

For the 3 months I've now got the bank statements for, no payment, besides this loan went into the account.

And there is multi payments relating to mobile phone accounts (3 & o2)

I know nothing of including 3 separate payments to o2 prepay Slough,

which research shows is almost certainly card\account fraud of some sort.

 

The money was withdrawn from a cash machine in 2 separate locations using the maximum permitted daily limit over 2 weeks or so then a full transfer of cash to a second account.

 

Asking the bank why these maximum daily withdrawals was not flagged after the first couple as unusual activity on the account and blocked any other withdrawals,

 

they kind of shrugged their shoulders and said it would certainly get flagged as unusual activity these days and account frozen whilst they investigate,

but they have no idea why nothing flagged the account up for attention at the time like it should of.

 

And neither could they offer a straight forwards suggestion on the unusual mobile phone payments.

But I'm guessing way to late in the day to chase matters up with the bank over anything now.

[dx100uk]

so as post 225

 

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

 

 

 

 

Dear Sir or Madam,

Re:

 

I am writing in relation to the above payment protection (PPI) policy which i believe was mis-sold to me in relation to my

I believe you have not treated me fairly for the following reasons;

· The PPI was added without my knowledge..

· You have been punished by the Financial Conduct Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold in my best interest.

Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums, and subsequent interest on these payments, that I have paid in relation to this policy. I also expect 8% interest to be added to each payment I have made as this is the statutory amount a court would pay.

I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.

This letter is in respect of the above account that was issued by

Yours faithfully

 

I am writing in relation to the above payment protection (PPI) policy which I believe was mis-soldicon to me.

I believe you have not treated me fairly for the following reasons;

I was not employed at the time I took the insurance – so it would have been impossible for me to make a valid insurance claim - and was not asked about this.

You have been punished by the Financial Services Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold in my best interest.

Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums, and subsequent interest on these payments - Total £12093.88, that I have paid in relation to this policy. I also expect 8% interest to be added to each payment I have made as this is the statutory amount a court would pay.

I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsmanicon to investigate my complaint.

=============

Yours faithfully,.

http://www.thisismoney.co.uk/money/bills/article-1606652/LETTER-TEMPLATE-Mis-sold-PPI.html

[Andy111]

This is the letter that has been sent off to welcome finance:

 

 

I am writing in relation to the above payment protection policy (PPI) which I believe was mis-sold to me as part of the original agreement.

 

 

I believe you have not treated me fairly for the following reasons regarding this policy:

 

1-The salesperson selling the insurance was pushy and strongly advised me to take the insurance.

 

2-I was not employed at the time I took the insurance, so it would have been impossible for me to make a valid insurance claim and was not asked about this at the time.

 

3-The payment protection policy (PPI) was NOT optional despite stated as so in the terms of the agreement. As otherwise the details and monies for the payment protection policy (PPI) would not have been pre inserted in the the agreement page as part of the loaned amount prior to signing the agreement.

 

4-I was told that the application would not be granted unless a payment protection policy was also taken out to cover payments as part of the application.

 

5-I was not asked about any pre-existing medical conditions I suffered from/warned that pre-existing medical conditions could affect my insurance.

 

You have been punished by the Financial Services Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold fairly and in my best interest.

 

 

Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums, and subsequent interest in relation to this policy. I also expect 8% interest to be added as this is the statutory amount a court would pay.

 

 

This would then, based on the date of this letter (10th June 2017), come to a total of £1800.83 from when the £997.39 payment protection policy (PPI) was signed for on 31st May 2007 as part of the original agreement. Please see the enclosed spreadsheet printout for this calculation.

 

I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.

 

Not to sure on how long it will take them to respond or if they will.

Guess its just a waiting game as far as that goes now.

 

 

A separate letter for the fee's has also been sent,

though as to how they see those and my legal rights to recover those fee's or at least get them wiped off the owed amount is anyone's guess.

 

 

I'm totally unsure of my legal rights to have the fees come off the total but not of the charged fees look to be justified or explained.

 

 

Except the fees don't even match with any stated account action in any paperwork I have.

So a pretty brief letter regarding those and will wait and see what happens.

[Andy111]

Had a letter from IND today regarding the court order to pay the money (over 6k) by 21st June.

 

they are saying if I can't afford to pay it

(which I can't as earning less now than I would if a benefit claimant)

I should fill in their own income and expenditure form and either I or they can decide on what I can afford to pay each month.

 

Yet the level of detail they are asking for I feel could well be in breach of data protection and privacy regulations?.

 

As they are asking about any income a partner, child might have.

 

Regardless of anything else the claim and order is against me and me only,

so they surely have no right asking for financial details of a partner or children?.

 

Secondly they want my employers full contact details to contact them for reasons unstated, for which I'd refuse unless they state a full explanation and declaration.

 

Besides, again this is a private issue and nothing to do with my employer and I'm sure they have any right demanding full employer contact details anyway.

 

Thirdly they are asking for Bank account details, well actually bank account numbers!.

They want pay slips from work, not a direct issue providing them as long as the more confidential information is censored outside of income details for data protection due to nature of work.

They are asking for bank statements, yet it's a shared bank account

so I'm assuming for the same privacy and data protection reasons I could censor anything not relating to me?.

 

Details of all regular expenditures with demanded proof,

well most I cant offer proof anyway as either no receipts,

electronic statements or just not in my name.

 

And if I don't provide all of that then they will issue further enforcement action without any further notice!.

 

All the above aside

, I've already made an appointment with the courts CAB department to fill in a varying order form next week to go via a judge and let them decide and not IND to make demand of under threat of further enforcement action.

 

Of cause, the CAB has said their is a long waiting list for varying order applications, upto 3 months.

 

But I'm told that once such a varying order application goes into the court that IND can't do anything during that period like take further enforcement action?.

 

And I'd sooner let the court decide on what I can afford and and order to be paid not IND.

L No problem showing an independent advice department my personal details like employer details, bank statement, payslips etc, just not dodgy lying IND!.

 

Any thoughts?,

should I even respond to IND,

if only to tell them I'm doing a varying order via the courts or just ignore their letter and details demands?.

[AndyOrch]

Simply submit an N245 (I assume its a forthwith judgment ?) dont be divulging information to this crew...none of their buisness.

 

Andy

[Andy111]

Yeah, I think it's an N245 form we are doing at the courts next week!.

 

It was an N24, General Form of Judgement or Order.

Ordered to pay all by 21st June.

But it also says if I can't pay, to contact the court office (which I have hence the varying order application) to ask what I can do.

 

Simply following the courts advice, not letting these idiots have any such details under threat of further action.

 

The courts CAB says they might only end up getting a nominal award of £5\£10 per month if the judge so decides until my personal circumstances change.

 

I'm told that IND could try to reject such an offer decision by the judge but the court can pretty much force any sum into IND if they decide that's all I can realistically afford.

[AndyOrch]

Yeah, I think it's an N245 form we are doing at the courts next week!

 

So you have already submitted then...ignore IND

[dx100uk]

That's Ind for you ruddy fleecers!!!

[Andy111]

It's actually tomorrow I'm doing the form with the courts,

 

tried to do it last week but they were very busy, I had to make an appointment for this week instead as it takes upto an hour to do the form appa.

 

It might cost me £50 to submit, but the courts CAB says there could be a reduction or waive of the fee due to my low income. CAB definitely said that IND can't do anything during the upto 3 months it can take the varying order application to go through.

 

They did say they could try to take further enforcement action (bailiffs?) but such action by IND would get rejected whilst the varying order application gets filed with the courts.

 

But it sure made me laugh at the information IND thought they could demand out of me under the threat of further enforcement action if I don't supply it!.

 

Will take their letter and demands with me to the courts tomorrow to see what they feel about it.

[AndyOrch]

They can still execute whilst the application is being possessed...the form take 3 mins to complete...not sure why your going to a court to complete it.

 

Do you mean the hearing is tomorrow ?

[Andy111]

Sorry Andy,

what I mean is that the court has an in-house CAB type of department that helps with advice, form filling, applications etc. That's who I have the appointment with tomorrow to fill the varying order application with, no hearing at all.

 

 

If the actual form only takes a few minutes to fill out, maybe the upto an hour I was told, might be if they have their own income and expenditure forms to fill out to help decide on what I could realistically afford to pay each month or to support the varying order if required once it goes before a judge as I'd have thought they will want to see a breakdown in one way or another?

 

if IND can go for enforcement in the meantime, this concerns me a lot if the application can take upto 3 months to get dealt with by a judge!.

 

 

Maybe I should respond to IND afterall then if only to say I'm applying for a varying order via the courts as what they are asking for and demanding is totally unreasonable and a matter of data protection and trying to bring unrelated 3rd party people and details into a matter that doesn't involve them or such information?.

 

By the way, had a quick response off welcome finance regarding the PPI & fees claim today.

They are asking me to phone them as they need to go through their standard identification verification process which includes verifying past addresses and DOB etc and until I do so they will only consider the matter a complaint!.

 

Is this normal to ask for this via a call or should everything be kept to writing?.

Don't mind calling if it helps speed the process up if only to verify myself as the letter says?.

[AndyOrch]

The N245 has its own I&E attached to the application.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

Dont warn them you are making an application they will on to the court to execute before you put the phone down:roll:

[Andy111]

Well I'll see what the CAB say at my appointment today with regards to IND's letter and threat to carry out further enforcement action unless I deal with them directly and disclose unreasonable information etc.

 

Andy, so is it best to ignore the IND letter all together or to respond with limited information and see what happens?. As somewhat concerned if I totally fail to respond in one form or another they will try to carry out further enforcement action regardless?.

[Andy111]

Went to work the form out yesterday with the courts in-house CAB department.

 

They said once the varying order form goes in it can and does stop the claimant taking out any further enforcement action until it gets heard by a judge,

 

I actually asked about this precise point and they repeated that the claimant can't enforce the court order or take out any enforcement action after the date the application goes into the court and a judge decides on what I can afford.

I'm confused as it's been posted in this thread they can?.

 

Also they said I don't need to contact IND and said its bang out of order the level of info they have demanded under threat of further enforcement action,

they have no right demanding full bank account details numbers and full employer contact details & more!.

 

But did say I could write the them if only to inform them I've applied for a varying order with the courts now it's gone in and to say I'd sooner let the courts decide.

Just to show In communication with IND, yet again, it's suggested otherwise on here?.

 

Not written to IND yet, but if I don't respond to their demands to fill their own I & E form in within 14 days as requested,

 

isn't there a chance they will try for further enforcement action anyway once those 14 days are up?.