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Welcome Finance - This company needs to be banned.


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I'm trying to find some case law on the benefit without liability issue but...

 

I believe if an agreement is bought in good faith with due dilligence then the argument is sound. However, in this case due dilligence would fail on the basis of the clear unenforceability of so many of the contracts, together with the mis-selling issues already raised. Additionally, if Welcome were unable (or unwilling) to pass on the true executed agreement then a court would be unable to allow enforecement.

 

Just my opinion - I'll dig some more.

 

Otherwise Welcome would have mitigated the claims by selling the agreements to a mate... oh, hang on, they did didn't they?

 

 

This seems logical and i would wager under case law would be the accpeted position but this only places the buyer of the agreement (WELCUMS EVIL PALS) with a defence to an equitable right, or remedy from a policy holder if bought in good faith.

 

Would this equitable right be to the detriment of the policy holer (me and you) i do not think so. Why should one equitable right destroy another especially when there is a clear and just argument that the policy holder should also have a right to action...

 

But then who would the policy holder bring an action against...

Edited by welcome finance warrior
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This seems logical and i would wager under case law would be the accpeted position but this only places the buyer of the agreement with an equitable right, or remedy...

 

Would this equitable right be to the detriment of the policy holer (me and you) i do not think so. Why should one equitable right destroy another especially when there is a clear and just argument that me and you should also have a right to action...

 

But then who would the policy holder bring an action against...

 

 

Yes, I believe you are right. When a business purchases an agreement it purchases it in whole - it can't selectively choose which elements to take on and which to discard. It certainly can't change the fundamentals of the agreement which are guaranteed by law - ie CCA

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This seems logical and i would wager under case law would be the accpeted position but this only places the buyer of the agreement with an equitable right, or remedy...

 

Would this equitable right be to the detriment of the policy holer (me and you) i do not think so. Why should one equitable right destroy another especially when there is a clear and just argument that me and you should also have a right to action...

 

But then who would the policy holder bring an action against...

 

I am not saying it is right, I came up against this argument and used all the moral arguments I could think of to dismiss it.

 

I also used the CCA

 

Under sec 189 of the CCA 1974

 

Creditor “means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law.

 

For your reference “operation of law” is a Legal Term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles.

 

Unfortunately I withdrew my claim as I couldn't handle all the pressure of cost etc. (it was allocated to the fast track)

 

but.........

 

you could say I won in a way as Welcome wrote off the remaining balance and removed the default on my credit file. I am still gutted I didn't see it all the way to the end.:mad:

 

I just want people to be aware of what they may come up against. If i knew then what I know now who know what may have happened:-)

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This comes from a defence made by welcome on a claim from an agreement which was purchased by welcome

 

Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1993] 3 WLR 408 states that a party may assign (that is, transfer) the benefit of the contract, but not the burden. The original parties remain liable for their obligations under the contract.

 

I am just thinking that if all these agreements get sold on then the new owner could potentially use this arguement.

 

Just wanted to repost this in case anyone missed it and it may help.............or not:-)

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Just wanted to repost this in case anyone missed it and it may help.............or not:-)

 

Oh O.K that clarifies things alittle now we have some context...

 

This is probably the begining of the law or legal principle established in some case presented at a later stage than this.

 

For example i would wager (before reading the case) that this was an argument based on buyer arguning that they didnt want to pay becasue the new owner of the contract was not an original party to the contract...clearly everyone could see that this would be a false dictum since there may be many reasonable circumstances when an ENFORCEABLE agreement can bre passed over and is therefore law...

 

I think you will find that all sorts of complcated mechanism kick in upon allegations of uneforceability...

 

But it still leaves us with the original question...

 

Like POST SAID in an issue seperate to this...i think we would persue the people who had equity in the sale of the agreement e.g RBS

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what happened LMH...

 

In court?

 

I only went once for allocation hearing, after it got automatically placed in the fast track I argued it should be in small claims but it was a no go. I then received a load of directions which I had no idea what to do with. I had already decided to withdraw my claim if it went fast track.

 

The problem with my claim was I made it too complicated. If I was doing it all over again I would change alot.

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Could someone let me know, do Welscum have the right to apply for default charges/leters sent whilst I am waiting for my SAR if it ever arrives? (whichI send Mid May and they have acknowledged)

 

Also Welscum local office have written to say they have cancelled HP agreement and are going to reposses the car, or take court action.

 

I am trying to reclaim my missold PPI, but they AIN'T listening!!:mad::mad::mad:

 

 

ANYONE with any help on this question please??:confused:

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ANYONE with any help on this question please??:confused:

 

lol since no one else is talking...

 

i'm no expert, others could advise you better...but i do know this.

 

If you haven't decided to stop paying the agreement completely now, then you bloody well should.

 

Send them in a letter saying that you are putting the account into dispute. this will automatically mean that the account freezes until they provide you with the information. also make a complaint to the FOS in writing telling them that you have put the account into dispute due to non compliance...

 

You can find an excellent template on hear that will do the job...

 

Yoour questions:

 

Will this shut them up?

 

No, they will just ignore you and keep sending the letters but can't enforce the agreement without a court order which they wont do because otherwise they will have to realease information on the SAr and they know this. So this begs the question why not realese the SAR in the first place...something to hide i'll wager. You are in a strong position dont roll over.

 

Anyone else please feel free to add what i have missed...

Edited by welcome finance warrior
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lol since no one else is talking...

 

i'm no expert, other could advise you better...but i do know this.

 

If you haven't decided to stop paying the agreement completely now, then you bloody well should.

 

Send them in a letter saying that you are putting the account into dispute. this will automatically mean that the account freezes until they provide you with the information. also make a complaint to the FOS in writing telling them that you have put the account into dispute...

 

You can find an excellent remplate on hear that will do the job...

 

Yoour questions:

 

Will this shut them up?

 

No, they will just ignore you and keep sending the letters but can't enforce the agreement without a court order....

 

Anyone else please feel free to add what i have missed...

Spot on mate, i followed the same procedure with my Welscum account....but to no avail no questions answered and low n behold i was totally ignored !

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lol since no one else is talking...

 

i'm no expert, others could advise you better...but i do know this.

 

If you haven't decided to stop paying the agreement completely now, then you bloody well should.

 

Send them in a letter saying that you are putting the account into dispute. this will automatically mean that the account freezes until they provide you with the information. also make a complaint to the FOS in writing telling them that you have put the account into dispute due to non compliance...

 

You can find an excellent template on hear that will do the job...

 

--------------------------------------------------------------------

Well I havn't been able to pay since Feb as I lost my job, before that I never defaulted once..

 

Once I managed to get my Annual Statement it opened a can of worms..

As for trying to claim the PPI a damn good job.. passing the buck from 1 to the other!!

 

They are a nightmare, but I am also going to charge them for my letters!! that I send

 

PS: Love you replys to the Welscum snooping idiots!!

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lol since no one else is talking...

 

i'm no expert, others could advise you better...but i do know this.

 

If you haven't decided to stop paying the agreement completely now, then you bloody well should.

 

Send them in a letter saying that you are putting the account into dispute. this will automatically mean that the account freezes until they provide you with the information. also make a complaint to the FOS in writing telling them that you have put the account into dispute due to non compliance...

 

You can find an excellent template on hear that will do the job...

 

Yoour questions:

 

Will this shut them up?

 

No, they will just ignore you and keep sending the letters but can't enforce the agreement without a court order which they wont do because otherwise they will have to realease information on the SAr and they know this. So this begs the question why not realese the SAR in the first place...something to hide i'll wager. You are in a strong position dont roll over.

 

Anyone else please feel free to add what i have missed...

 

 

Furthermore, they can't just come and take the car (if you have paid more than a third of the balance) so don't let them...if they say they have a court order laugh you would have been notified of any impending action. My genuine advice to mate would just be to send the account in dispute letter in. Find the one on here about 10 pages back...

 

Then sit back relax and float down stream...i'll wager your case is the same as 90% of others on here...re the secret comission issue...

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Furthermore, they can't just come and take the car (if you have paid more than a third of the balance) so don't let them...if they say they have a court order laugh you would have been notified of any impending action. My genuine advice to mate would just be to send the account in dispute letter in. Find the one on here about 10 pages back...

 

Then sit back relax and float down stream...i'll wager your case is the same as 90% of others on here...re the secret comission issue...

 

Well my battle is another ongoing one...

 

I had the bully boys round in March, somehow managing to get through Secure Door Entry System, I did my harrassement letter and told them If I ever saw them again on Private Property I would take photographs of them!! and believe me I will !!

 

Yep its the secret commission matter..Direct Group said Welcome, Welcome Said Carcraft...be interesting to see what Carcraft say as they have a SAR request being fired at them!!

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Well my battle is another ongoing one...

 

I had the bully boys round in March, somehow managing to get through Secure Door Entry System, I did my harrassement letter and told them If I ever saw them again on Private Property I would take photographs of them!! and believe me I will !!

 

Yep its the secret commission matter..Direct Group said Welcome, Welcome Said Carcraft...be interesting to see what Carcraft say as they have a SAR request being fired at them!!

 

What happened with making a claim from the PPI.......(sometimes it happens)

 

How much have you paid? I believe they can take the car if you have paid less than a third If you have paid more then they will need a CO

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What happened with making a claim from the PPI.......(sometimes it happens)

 

How much have you paid? I believe they can take the car if you have paid less than a third If you have paid more then they will need a CO

 

I was on contract work, so never qualified!:confused:

 

The car I have paid well over a 1/3rd for it

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evening all, busy tonight lol!

 

At the moment I am picking a fight with Lewis Group and Howard Cohen Solicitors...am doing my utmost to pee them off :D

 

Had an e-mail from Howard Cohen, then after 4 weeks of constantly asking, I received an e-mail from the Lewis Group, the same person who e-mailed me from cohens? How thick to they think we are?

 

Lewis Group actually refusing to lodge my formal complaint about them or send me their complaints procedure! We'll see about that, I am gonna HOUND them now hehe

 

As for an announcement...the champers I danced a jig round the kitchen with once before when I thought they had sunk is now back out chilling, cannot wait to see them crumble :D:D:D

 

Post, Andie, everyone, I hope their demise is spread very publicly over a few days, let you savour it :p

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Been away for a while and things seem to be moving forward again.

 

Dipply, I'm having problems with Cohen as well. Am I right in thinking that in order for Welcome to pass my account to Lewis, they need to send me a Notice of Assignment?

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