(un)Welcome Finance - claimform

[deafandy]

greetings fellow consumers!

l am having continuing problems with welcome finance (you may have heard oF them).

whatever help l can get from this Forum and it's lovely users will be greatly appreciated.

at worst i hope to reclaim the excessive penalty charges and the loan that never was.

at best, l'd like the company wound up, all of the staff sacked and their offices and assets sold off at an auction.

thanks in advance,

deaf andy

[moneyhelp]

Hi and welcome to CAG.

 

 

If you go here http://www.consumeractiongroup.co.uk/forum/general-debt/ you can start your own thread, that way you will get more support.

 

There is already someone there with the same as you here http://www.consumeractiongroup.co.uk/forum/general-debt/26563-welcome-ruthbridge.html

 

Hope that helps.

 

Good luck!

[deafandy]

i have been well and truly screwed by this organisation. now i want some payback.

i won't bore you with details, i'll just say i was mis-sold a personal loan that i never needed, never wanted and never should have paid (they told me i had to pay off the existing credit before i could trade up for a better motor. i later found out the existing credit had been added to my new car finance.)

 

so, my first stop along revenge street is the subject access request letter, i'm off to get that printed at my brother in law's, whose house isn't full of holes and dust. i have got a printer, but because of the continuing DIY it is in a box in the shed...

 

i'll update this thread when (if) i get a reply.

 

cheers for now

 

deafandy

[powelll]

Good luck - also worth CCA letter to them as many Welcome agreements have been found to be totally unenforceable...

[deafandy]

i read somewhere in the forums that the s77/78 rule doesn't apply to old loans. this loan was arranged in aug 2003. can anyone clarify?

 

i hope that being unenforceable doesn't also make them inadmissable as evidence, as on the cca it shows the deductions being deducted, then added back on to the total. and most of the deductions are for the personal loan that never was.

 

and, i forgot to mention earlier, i have a copy of the sales invoice from the car showroom which shows, in black and white, that the balance of the old finance was added to the purchase price.

 

welcome finance, get your lube ready.

[rory32]

i read somewhere in the forums that the s77/78 rule doesn't apply to old loans. this loan was arranged in aug 2003. can anyone clarify?

 

Depends what you mean by old. If your loan was taken out in 2003 then ss77 (fixed sum credit) would apply to a loan.

 

Unenforceable only means the debt can't be enforced by the creditor.

[deafandy]

righty then.

 

first - thanks to everyone who has helped so far, which is pretty much everyone who has contributed to the CAG forums, and especially powell and rory for your input in this thread.

 

i requested copies of the two CCA's with the S.A.R. letter - recieved only one.

i received the S.A.R. data just before their time ran out, but it's incomplete, their notes are full of meaningless abbreviations and they've added the £10 fee to my account.

 

will post the Letter Before Action tomorrow - included a threat to lodge complaints with trading standards, office of fair trading and the financial ombudsman regarding the S.A.R. fee. (Theft Act 1968 s24A (dishonestly retaining a wrongful credit) did i get that part right?)

 

this time next week I shall be starting proceedings for my first ever court appearance (as a claimant, anyway )

 

on a side note, i've finally got the hang of this forum's technicalities and my sig now works. one quick question for the admins/mods: why, whenever I abbreviate 'subject access request', does the forum automatically insert the long version as well as the short? whats wrong with the TLA?

 

that's all for now, stay tuned for irregular updates

 

cheers much!

 

andy

 

EDIT: the sig worked in the preview, but now where's it gone?

RE-EDIT: oh. the sig only appears in the first post i make in a thread, yes?

[deafandy]

is there a template letter for formally disputing a loan? i can't find one. i'm a bit simple sometimes...

[mcfadwmc]

hello

 

i'm taking on welcome too and i'm currently looking for particulars for ppi if you can help (i've got a very strong case, proof of no certificate supplied)

 

secondly, the theft thing.... i think the same has happened to me and others too where early settlements are agreed and paid in full then a further amount is asked for or taken by DD to put the account in plus then the same amount taken out and showed on statement of account as Transfered out. I've spoken to welcome about this and said the only thing they need to do is tell me where the transfered out transaction went to and i'll drop it but it looks like they asked for more money when they knew i didn't owe them anymore and it was transfered out probably into the xmas party fund!!

 

can we use this theft act in civil courts though or should it be a separate claim

[deafandy]

i don't know much about ppi - i've always said "NO THANK YOU!" before they even finish asking the question. i've always been skeptical of insurance.

 

i read somewhere on CAG that a creditor using the statutory £10 fee as a payment on a debt was misapropriation of funds...i'm not certain i've quoted the right law (Theft Act 1968 s24A (dishonestly retaining a wrongful credit)) - i found that reference on lawteacher.net

 

as for your case, it's common for welcome to hold bank account and credit card details on file (even though they don't hold the correct credit licence) for years longer than they need to. they've probably still got my bank account number of an account that i closed seven years ago.

it's just another example of welcome thinking they can ass-rape our wallets forever and ever without reprisal.

not any more.

[deafandy]

hi all. another welcome victim here.

 

first, i started my own thread but haven't got very far with it yet. i've S.A.R.'d them, and LBA'd them as the S.A.R. data was incomplete.

i need to get hold of the rest of the info so i can start with the main part of my claim (and update my thread with all the juicy details...) which is

 

mis-sold ppi

mis-sold personal loan (which i have paid three times over..!)

£1003 worth of fees and charges (including £400 fees in one lump - no explanation for that as yet)

 

it feels good to be the one doing the shafting for a change...

[deafandy]

UPDATE:

 

received a letter this morning regarding my letter before action for not complying with my S.A.R...

 

[quote name="Alexandra Mace

Senior Compliance Officer (Welcome Finance Head Office)"]

 

I write further to your letter of 10th August 2007, which has been passed to me for reply.

 

We refute your allegations that we have not complied with your request as we have supplied all documents that we currently hold on you.

 

I can confirm that we have fully complied with your request pursuant to the Data Protection Act 1998 and this information you have been sent is all the information we hold on you.

 

Yours etc...

 

COMPLETE AND UTTER BO*****S

 

their own computer notes that they sent to me prove this. the statements for the only agreement they sent start 08/2003. the computer notes start 21/12/2000 and quite clearly show details of calls etc for the previous car finance, and the current car finance and the loan they made me take out at the same time for the balance of the previous finance. "18/08/03 14:10 new loan deal done plus hp"

 

that "loan deal done" was £1800 plus interest (i don't have the original agreement any more - aaaargh!). which i stupidly paid for 18 months

 

on the sales invoice that i politely requested from the car showroom, (not one of welcome's own, thankfully) the financial bit at the bottom says "finance settlement £2987.86" ? so that's twice i paid it.

 

on the agreement this is shown as a "deposit" (£1800) but lower down the calculation it is added back on to the total.

 

i have been mis-sold a loan - and paid it three times!!!

 

and now, rather conveniently they have no record of it...or so they think

 

so, over to you - what do you think?

 

any suggestions would be extremely appreciated as i'm not sure what to do next.

 

thanks in advance

 

andy

 

 

 

ps, also, the amount at the end of the sales invoice is £7482.86... by the time that number appeared on the CCA it had become 7982.86.........

 

pps, can i sue for 'non-compliance with S.A.R.' with the option to upgrade to 'failure to keep proper records'?

 

thanks again peeps!

[carinas]

hi andy,

 

I've got a date with Welcome in 2 weeks... in court! They never fulfilled my CCA request and therefore have stated they will not take any more money off me, so i'm chasing them for the PPI and charges applied to the account.

 

Just thought i'd share a joke with ya... In my SAR response i recieved Welcomes computer notes, on which a welcome employee had wrote:

"customer states best time to contact is after 5:30 yet we ring her 9 times during the day, WHY????????"

seems someone at Welcome may have a brain cell!

[lindsay22]

hi al wecome fighters,

lol at they rang 9 times in a day, they really are the lowest of the low. they probably did this so they could could add more fees i believe its £10 a phone call whether you answer or not.

welcome are pond life, i have had so many sleepless nites over these people, hopefully i have finally got rid of them.

 

fingers crossed for everyone fighting them

[payingonlyencouragesthem]

i don't know much about ppi - i've always said "NO THANK YOU!" before they even finish asking the question. i've always been skeptical of insurance.

.

 

I went for PPI with Welcome and canceled within the 30 day cooling off period when I noticed I would have to be off work for 9 months of a 4 year period to benefit from it. 6 months later I notice they are still DD'ing me for it...this could be fun:grin:.

[deafandy]

BUMP!

 

they have not sent all the info requested (S.A.R.) and claim that they have sent everything - i know this to be lies.

 

do i sue for non compliance with S.A.R. or failure to keep proper records?

 

or both?

[pmhcfc]

BUMP!

 

they have not sent all the info requested (S.A.R.) and claim that they have sent everything - i know this to be lies.

 

do i sue for non compliance with S.A.R. or failure to keep proper records?

 

or both?

 

Deafandy - you may get more response from this thread if you get it moved to the Debt Collection Agency threads. If you PM a Moderator, then they'll do that for you straight away. There are people who stay in the DCA threads that I know will help you.

[deafandy]

yay! got a summons!

 

boo! why is it always northampton? that's 100+ miles from me, welcome or their solicitors.

 

now, does anyone know the correct wording on form N244 to have the court venue changed:

 

other than that, acknowledgemet and defence forms (N9/B) ready to post tomorrow, and i'm working on the CPR 18. should i make reference to the still incomplete set of documents from my original subject access request?

 

thanks in advance,

andy

[pt2537]

You dont need to apply on N244 for that mate,

 

the court, if its the Northampton County Court Bulk Centre that issued it is a pure administrative court, it does not hold hearings as such just deals with block issuing of cases

 

when you file your allocation questionnaire then the court will re locate the case to your local court

 

yay! got a summons!

 

boo! why is it always northampton? that's 100+ miles from me, welcome or their solicitors.

 

now, does anyone know the correct wording on form N244 to have the court venue changed:

 

other than that, acknowledgemet and defence forms (N9/B) ready to post tomorrow, and i'm working on the CPR 18. should i make reference to the still incomplete set of documents from my original subject access request?

 

thanks in advance,

andy

[deafandy]

quick question: we (my OH and i) are both named on the welcome finance credit agreement, but only my name is on the summons. my OH recieved a default notice through the post, (dated two days after the court's acknowledgement letter), relating to the same credit agreement that is currently somewhere in the court system.

is this allowed?

 

thanks in advance

 

andy

[heliosfa]

Have they issued a Default Notice in your name previously? or is the one your OH got the first one?

 

WHat are they claiming for in the claim? is it the arrears or the entire amount?

 

If this is the first default notice and they are going for the full amount, then they have no "cause of action" and have unlawfully terminated. This is what would make up your defence and should, in theory, end all of your liability to them. Additionally, you may be able to claim for unlawfull repudation of the contract.

 

Hope this helps,

H