Cabot and old stayed Court Claim - Old Welcome Secured Loan - want to sell, but charge is still showing

[postggj]

do not use the unlawfull recession letter

 

but

 

send the sar

 

we need to see if a termination notice is included in the sar before we do anything else

[majimix]

ok thanks postggi, Ill get that sent off in the morning, I know I have not recieved a official termination from Welcome, first I heard was from Salans last week.

 

PS hope that knee of yours is holding up

[postggj]

Knee on the mend, thanks

 

if no termination has been issued, welcome can just issue another and prior to the issue of a new termination notice, the can issue a compliant default notice

 

dont tipp them off

[majimix]

ok, standard SAR request going in

[majimix]

Ok,

Got the SAR back today, Salans sent me a letter last week explaining their dissapointment I had not replied and have said I have another 7 days to reply.

 

Enclosed in the SAR is -

A letter saying thank you for your SAR request.Please find enclosed all documents held by Welcome Financial Services Ltd in relation to account number XXXXXXX

 

1. Secured Loan statement to the end of September

2. Copy of all intervention , telephone calls, Default Sum Notice issued,statements issued, calls to home. Ends 8.07.10

3. Copy of legal Charge - signed by me and partner witnessed by Welcome employee and addressed with employees home address.

4. photocopy of our driving licences

5. photocopy of our wage slips

6. occupiers waiver - signed by me and partner with 2 personal referees ( for emergancy contact only )

7. photocopy of me and partners bank statements

8. copy of direct debit mandate - signed by me

9. photocopy of cheque issued

10. instructions for payment of cash advance (whos account cheque to go in)

11. Another smaller copy of the cheque issued

12. Letter from welcome employee saying we agree to someone calling round to help us set up our loan, signed by me and partner.

13. Copy of the land Registry showing Welcomes charge.

14. Copy of a seperate incident (ccj) in partners name

Thats it,

 

I used postggi ,s template word for word, there was ,

 

NO details of any insurance

NO copy of the agreement

NO statement of means

NO statement of price

NO indication that the agreement had been terminated and taken on by Salems.

 

Any thoughts would be appreciated

[dadofholly]

Adapt for you own circumstances and send a copy of the following template

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further (Insert number of days remaining) days to comply.

If you do not comply fully with my Subject Access Request within (amount of days left) days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

PRINT YOUR NAME (Do Not Sign)

 

 

 

 

[postggj]

Any default or termination notice with the sar

 

we need to move on this now

[majimix]

No mention of termination with the SAR

, no default notice with it, just a list of when they have sent default notices out in the past, last one being 30-06-10. That was in the intervention part.

 

Letter of SALENS last week saying they are giving me 7 more days to get back to them. Cant believe what didnt come with the SAR, not even a copy of the agreement,

 

I know they have done me on insurance and apr as you confirmed earlier. The SAR was dated last week, 3 weeks after I got the first letter from Salens !

 

What next ?

[dadofholly]

Send the SAR non compliance letter i have posted above in post 108.

[majimix]

ok, will do.

 

Should there be a copy of the agreement as well as statement of price and details of all insurances in the SAR ?

 

You can see from the previous posts there is insurance on, yet no mention in the SAR.

 

Just to clarify the situation then -

 

In the SAR there were no copies of any insurance

 

There was no copy of the agreement

 

There was notes on the computer intervention about when DF notices were sent out but no copy of the notices ( I have the originals with the "14" days statement on.)

 

There was absolutely no mention of the account being terminated in any paperwork including the computer/manual intervention.

 

The SAR is dated 3 weeks after Salens wrote to me telling me the account is terminated and enclosed an income/expenditure form.

[dadofholly]

yes - basically list the docs you still want.

 

The agreements - terms and conditions

statement of price etc.

 

If they can't provide a copy of the agreement - they can not take you to court.

 

They have 40 days to comply from the date of your original request. So simply work out how many days ago that was - and tell them how many days they have got left until the 40 days are up.

 

If they fail to comply you can take them to court for the docs - and possibly receive compensation.

 

Am still waiting for some info myself.

 

I will be taking mine all the way to the court if need be.

[majimix]

Thanks for that, Im now wondering who and what to pay, I want to start paying again but on the right terms

[dadofholly]

If i recall - they overcharged you for the insurance is that correct?

 

If so the agreement may be unenforceable - but would need someone to verify that.

 

I would wait until you received the docs you asked for in the SAR. But thats me.

[majimix]

ok,

 

Thanks Pal,

 

Will get that letter off. No need for another postal order I take it.

 

Also, in the meantime do I send Salans anything ?

[dadofholly]

No need for a further postal order. You have paid for an SAR and as yet they have still not complied with it.

 

Ignore salems as long as you can untill we get the rest of the stuff off welcome.

[majimix]

ok will do thanks

[fairywotsit]

Hi

 

as it goes i have just received a letter from Welcome Today regarding PPI being misold. YOu are not alone by any means when it comes to harassment by them! they are full of threats!!!!

 

They have offered to reduce my payments instead of owing me what they should do on the PPI as i went via a solicitor..

 

someone helped me and the Financial Ombudsmen got involved too. I am still, however, continuing this matter at present as i refuse to accept lower payments with them. This is mainly because the company is no longer selling cars as they themselves went into financial difficulties and it was in the paper!! and another financial company informed us also.

 

I had matters that made me unfit for work and so claimed via insurance and Welcome still have the audacity to still 'insist' that i still make full payments as well as getting the insurance as well this is wrong!!

But i would definitely recommend you go to the Financial Ombudsmen Service

 

Welcome have known that they have had this letter sat on their desk and have still continuously phoned and demanded money when they are being paid.

 

I have never missed one payment even though i have been out of work myself for a long period and that my husbands hours were severely cut. I did reduce payments and was told ohhh it is fine but that caused havoc too..

 

Anyway you can try the ombudsmen and see how it goes.

 

Anyone else who has been sold ppi i know an email you can use.

[majimix]

Salans Have sent me another letter this morning regarding not being in touch with them. The letter about the missing info in my SAR has gone of to Welcome. Is it worth contacting Salems to tell them im awaiting SAR info ?

[fairywotsit]

I should imagine it would be worth explaining. I am not sure who salem is.

 

I did a SAR letter myself as i had been requesting info on my contract with them because my car was well over VT 6mnths ago and it is now past it's stage also for them to take me to court to get the car back.

 

Welcome are re-nound for their harassing nature and even so much as calling on your door if you dont answer the calls either.

The thing is with them it does not matter even if you never miss a payment!!! i never missed a payment but still they phone daily!!!

 

Do not let Welcome get to you as they will 'Intimidate' you!

 

Have you also dealt with the PPI side of things? if not please do!!

 

I got mine in 2008 and i have won my case but i am not accepting what their offer is

[majimix]

Any more thoughts about dealing with Salens whilst waiting for missing SAR info ?

 

Right,

 

My mistake, there is a copy of the agreement on the reverse of another document enclosed in the SAR. The agreement is the same as the one I posted earlier but with signatures.

 

If you go back to posts 70 - 75 Lord tiger did a breakdown of my agreement, postggi also commented on the fact that my insurances did not add up to the 495 charged (there were also other discrepancies, such as why was my opening balance 10,730.

 

Here is the really interesting one though, on the copy of my agreement attached in the SAR there is another insurance added, suprise suprise its the missing 195 to make the cost of insurances 495.

 

This is in the Personal Accident Plan and, other than our signatures its the only part of the agreement to be handwritten. It looks to have been added at a later date.

 

I really dont know where to go next with this ?

[postggj]

Sorry but ive been doing sd set aside for my friends godebt and crappyquest

 

just having some tea and ill be with you

 

regards

[majimix]

cheers

[postggj]

Can you do a brief update while ime waiting for my dinner:smile:

[majimix]

of course,

I have the copy of the agreement posted earlier in the thread, both yourself and the goog Lord tiger agreed APR was major out. They had also charged 10,495 for the loan, 495 in insurances. The insurance on the agreement came in at 195 lifecare and 125 homecare = 320, not 495.

 

Did a SAR ,

 

have now located copy of agreement within the SAR, 175 HANDWRITTEN IN the personal accident plan box.

Ticks seem to be extended into the p,a,p box in the insurance tick boxes.

 

Salens have sent 3 letters chasing for total sum. 

 

Due to redundancy etc, unable to pay since Dec 09, want to start paying but have it right first.

 

There are no insurance documents or mention of termination and hand over to Salens in SAR.

 

Struggling to use scanner at the moment

[postggj]

Pay them nothing

 

account well in dispute

 

ill do one of my special letters tomorow evening to shut them up