Itsme VS Welcome Finance

[itsmeandonlyme]

Thank you Maybelline, feel so fed up... I can't work out some figures...and it's upsets me a bit...Ian helps me load, but i am still a bit confused..I do not want to go to the ourt if i do not understand the how i got the toatal amount i am claiming...Hopefully, when he is back..he ll get some time to help me to put the figure straight:)))))

 

Going to the park right now to walk the dog..some fresh air would be nice:)

 

 

How are you doing???... I saw you won the Halifax claim some time ago..It's next after Welcome......)so would seek for some advice from you:))))

 

 

regards:)

[maybelline]

hello, do not feel down, it will not matter if you file your claim a day or so after you intended, I did not claim contractual interest only statutory so I do not know how that works but leave it to one side and then come back to it with a clear mind, go back to FAQ's or the A-Z list and check you have covered each step that brings you to your schedule for charges with contractual interest, then go ahead. I was asked by the judge to amend my claim, and when I looked at it after it was filed I had to rework my figures - I am not saying this is ideal, it is not but unless you are wildly out on the figures then do not worry.

 

(please someone say so if my advice is wrong here but it is my own experience I am basing this advice on)

 

they will get their chance to defend and argue the costs after you file your claim and then they can dispute the figures.

[itsmeandonlyme]

Thank you , Darling, will wait for couple of days..Till i get my figures sorted..plus still haven't received any reply from FLA

 

U r up late as well:))))

 

 

[ab2mlf]

good luck i think who ever gets to welcome first with a result will open the flood gates so lets get them Archie

[maybelline]

Archie, search Welcome Finance and you will find some others have had settlements already from them:)

[itsmeandonlyme]

OK...quick update..received this morning a final respond from FLA ....ahhhhh...confirming me that £22.44 is the max i can get from Welcome with their help......

GOOD news - Vampiress helped me to creat a proper spreadsheet with all culculations, APR, 8% interest and i am ready to file N1....

THANK YOU THANK YOU THANK YOU

Welcome didn't reply on my final letter...so it begins....

 

It makes me happy:)))))))))

 

 

Ian, where are you?)))))))))

[itsmeandonlyme]

Today received a letter from Welcome:

"Althought we do not agree with youur assertions that your fees could be interpreted as penalties, as a gesture of goodwill, and in light of your excellent payment history, I have taken the necessary steps to have the £20 charge refunded to you account"

 

So far they have refunded me £44.44(22.44 for medicare cancellation and this £20))))))))))))))) oh well...rest of £2000 i will claim through the court:))))))))

 

I did have only £20 charge for returned DD:)))

It makes me a bit happier....

 

 

 

This was what i included in my last letter:

 

I am of the opinion the law is clear on liquidated damages and that, irrespective of your belief to the contrary and regardless of any agreement that I may have signed, the payment of excessive damages will be interpreted as a penalty and therefore the charges you imposed will be unenforceable and should I be forced to litigate, judgement granted in my favour.

The fact that your fees do not differ significantly from those charged by other companies operating within the Financial Services industry is entirely redundant however I am most interested in your comment regarding my responsibility for those fees. Given your clear and unambiguous statement that these fees represent the costs to your business and that you have incurred them as a result of my breaching our contract I am sure you will be happy to demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

 

Charges are not legally enforceable if they are penalties. Penalty clauses in contracts in English law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. The law relating to penalties has been established through case law. The cases date back to the nineteenth century and the courts have been consistent in the way that they have ruled on penalty clauses

 

I am mildly amused by your penultimate paragraph and your apparent misunderstanding of contract law and seemingly deliberate attempt to complicate what is a straightforward issue.

[reidnet]

Nice One..lol

 

Ian

[itsmeandonlyme]

HERE he is:))))) I needed u so badly:)))) with those charges ( please read above)

How was ur break? was it a break?))

Anyways i am sending N1 to court tomorrow...I believe i have to send a copy of the claim to Welcome as well?????...I am going to include all the reply's from WF and FLA...Is it anything else i have to include with N1 to the court?

 

Thank you

 

Maria

[reidnet]

Hi Maria,

I got back lateish last night and had to go out all day today working..lol I am on Holiday all next week so I will get caught up with replies etc here, along with starting on GE Money's Solicitors..lol

 

Was a working break..lol well partly anyway, Just a chance to catch up with the rest of the folks in the office and workshops. and 2 squashed Journeys on Squeezy Jet..lol

 

You send 3 Copies of your N1 claim to the Court, 1 for the court, I for Welcome and 1 that gets returned to you stamped etc once it has been issued to welcome.

 

When I sent mine to court I only sent in the Completed N1 claim form along with my statement of claim. I did not submit all the correspondence with GE etc yet. I believe you do that once they submit defence. After all they will have their own copies of all the letters etc.

 

Ian

[itsmeandonlyme]

Hello Ian,

 

U have been a bit busy little bee:)))

 

 

As for my claim with WF...I'd do exectly same than....I just wondered if "court" would need to look through the correspondence and FLA replys....I have received the reply from FLA that is no different from WF one with his: " Final Respond"...."we will not give you refund...we do not think it was mis-sold, we do not care if T&C says it could be refunded" ))))))))

 

 

Off to bed now....

 

 

and last one: what do u think about contractual interest on mis-sold PPI? instead of 8%? worth trying? Mine is 44.5%

 

Tired....Night night than:)))

[reidnet]

I would go for the Contractual Interest..

 

Ian

[itsmeandonlyme]

Thank you Ian.

 

 

Today i went to court and handed over my N1......

[hellhasnofury]

Thank you Ian.

 

 

Today i went to court and handed over my N1......

 

 

Hello itsme,

 

its hellhasnofury wishing you all the luck in the word. I am watching your thread and its inspiring me. I have just sent my prel letter today. so the war begins hooray!!!!

[itsmeandonlyme]

Hello itsme,

 

its hellhasnofury wishing you all the luck in the word. I am watching your thread and its inspiring me. I have just sent my prel letter today. so the war begins hooray!!!!

 

Hello)) Wishing you luck as well:p ....this "game" is difficult and Mr S does make it very tiring....

 

The receptionist at the court was so rude...i have asked her if i can attend couple of proceedings in the judge office and she said that its not possible..not enough judges....and i should write a letter and get an authorisation.....god, she made it so complicated....i will phone the court tomorrow and will try to speak to the court manager....

 

Anyways..tired..but happy it reached the court stage so my work againts WF is half done))half to go))

 

:) :razz:

[reidnet]

Hi Itsme,

Will be watching how you get on.. GE Have up until Thursday this week to submit their defence in my case, I just wonder if they will be brave enough or Man enough to stand up in court.

 

As you say it is a long hard slog with some companies and it can make you feel like giving up at times, I think they do this delibratelly just to try and get us to give up and go away... NO CHANCE..lol

 

I must remember to fax a copy of Thursday's Daily Record to GE.. The Paper are running a follow up story on my case and this time GE get it..lol

 

Ian

[needrevenge]

WOW - inspiring, just sent SAR to paragon, is it ok if I use some of your material? - it is fantastic!

 

Well done & good luck

 

Craig

[reidnet]

No proplem in using anything of mine Craig, if you cannot find what you need give me a shout as I have other stuff that I used against Lloyds, but due to further matters arrising from that post etc, I have removed it from CAG for the time being. It really hit Lloyds I think..lol and it aint over yet..lol

 

Ian

[needrevenge]

No proplem in using anything of mine Craig, if you cannot find what you need give me a shout as I have other stuff that I used against Lloyds, but due to further matters arrising from that post etc, I have removed it from CAG for the time being. It really hit Lloyds I think..lol and it aint over yet..lol

 

Ian

 

Cheers Ian,

 

Since you ARE 'PPI King', when I get mine settled, i'll venture across the Tay (If fifers are still allowed to cross!) and buy you a Pie & Pint!

 

Regards

 

Craig

[reidnet]

You should be safe to get over the Tay Bridge, as long as you have your passport and all your Jags are up to date..lol We wouldnt want you taking any infectious disease back to fife with you.. and has to be Steak n Gravy Pie..lol

 

Ian

[craigamc]

Hi all

 

I have today received a second response from Alexandria Mace @ Welcome Finance, the letter states

 

I have reviews your file and have been passed a copy of the call transcript which took place in July 2005 between you and our member of staff.

Whilst he did not actually state the insurance was optional he did discuss the 30 day cancellation period you have should you want to cancel the insurance

I am satisfied that it was not the intention of the member of staff to mis-sell the PPI but merely an oversight on his part as your cancellation rights were discussed with you. There is no indication in the call that you were told your application would be declined if you refused to take the insurance

Notwithstanding the above purely as a gesture of goodwill I am prepared to refund the amount of the insurance plus interest. This would amount fo £340.25 over the 24 months

The balance on your account is currently £430 so I propose to refund the £340.25 to your account and write off the remaining balance in full and final settlement of this matter

Please let me have your confirmation in writing that this offer is acceptable to you and I will make the necessary arrangements.

Alexandria Mace

Senior Complainace Officer

Jolly nice of him eh? I am replying (obviously) accepting this offer and requesting a full statement of account to show the settlement. This way my next step is to reclaim charges, I think there is about £75 on there - why not!

 

Keep it going everyone!

[reidnet]

Nice One Craig, Its good to hear of the succesful claims..

 

Just Hope mine is next..lol though I doubt it..

 

Ian

[ab2mlf]

Good Luck Also From Me I To Will Be Watching Archie

[itsmeandonlyme]

Well done Craig..Relly.... from the bottom of my heart.....I am amazed....

 

Ian, why "some" people get refunded straight away, and i have to spend 2,5 month to get only £44.44 refunded after 4 letters??????)))))))))))))))))))))

 

Sooooo anfair;) .....

 

 

 

But i am still glad Graig did it right and WF is agreed to pay back....

Hopefully we all get money back...from WF

Now, Ian, did they submitted defence?its thursday!!!

[reidnet]

Tell me about Itsme, I have been at it with GE Money since September / October time.. And still no refund.. Well at least it is now in court and they had up till 4pm tonight to submit their defence, I will be phoning the Court tomorrow morning to see if they have or not.

 

Ian