Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi All
I have been in a battle with welcome for the past 18 months. After requesting SAR, CCA and PPI refund 12 months ago i have only just recieved the info i require. Initially when i sent my PPI refund request they wrote back saying that i had basically agreed to the these terms at the time of signing etc, my point was that the loan salesman from approved car finance said we couldn't have the loan unless we took out the PPI. On closer examination i have also noticed that the car which we part exchanged - for what we had been told was £1000 turns out to be £1!! I am so angry about this. I have posted in general debt but i think i may have posted int the wrong place. Now Welcome have passed the account to a DCA who are pestering me day and night and i am really stressed by it all at the mo. Im currently having chemo which just makes everything seem 10 times worse.
PLease could someone advise me what to do - i keep expecting bailiffs to turn up.
Firstly, I would advise you to write to the DCA and copying the letter to Welcome letting the DCA know that this account is in dispute as you are considering taking Welcome to court for mis-selling PPI. Remind them that the fos take the mis-selling of PPI very seriously indeed. Let the DCA know that you consider their contacting you to be harrassment and that no further contact should be made by them.
Have you received the terms and conditions of the PPI, if so do they contain a refund clause? Do you have a transcript of the sale conversation? Have you also received a true copy of the Agreement signed by you?
Lots of Qs, but this is a starting point to getting you sorted ...
my advice would be to search the many threads on this outfit
they are nothing but loan sharks hiding behind a consumer credit licence.
some of us have had this lot up in court.
you just have to know what buttons to push
also dont worry about the baliffs, its a common DCA ploy.
this would first have to go to court before any thing like that happens.
dca dont normally go to court as they like to milk you as much as possible.
the dca is not dlc by any chance is it
Hi Paintball - thanks for the reply.
I haven't recieved terms of the PPI - should this have been provided? (other than at the time the loan was taken out) In short i sent the PPI reclaim letter back in sept last year and they wrote back saying that as we had signed we had agreed to the PPI etc. I have all copies of agreements and signatures although it has only recently been provided. I dont have a copy of the sale transcript as we went to a branch of 'Approved Car Finance' to arrange the sale and it was all face to face - this is also when we were told we would recieve £1000 p/x fr our old car yet the agreement form says £1!!!
The DCA is Lewis Group who i believe are part of Welcome Finance!
I know they have put on charges which must amount to more than the actual loan but from the account print outs they have provided its hard to decipher what is what.
I will try to put something together containing your advice - my head is just not clear at the moment and to top it all hubby lost his job today. If you ahve any more advice i would so appreciate it
Hi again
I am beginning to sift through the statements they have sent to me and cannot make head nr tail of the charges - could anyone help enlighten me?
What do the following mean?
Fee Assessment - £20 - there are lots of these!
Capitalisation - £20 - there are lots of these!
Capitalisation also appears under the 'interest' column as well as other.
I also have Principal credit adj and irregular payment appearing on the statements. It seems to be split into 3 columns titled Principal, Interest and Other with a final column - Balance. Its not easy for me to decipher at all and because the PPI payments were included in the weekly repayments i dont know how to work out how much i need to claim back! Does anyone know how i can do this?
Thanks
Hi again
Sorry to be a pain but i dont get chance to get on here during the day so need to get all info on at night lol!
I have after 4 solid hours finally put together a letter which i intend to send to Welcome (DCA letter already to go) - could someone possibly check the wording and advise if anything needs to be changed???
Dear Sir/Madam
Reference: XXXXXXX/ XXXXXX
We are in receipt of the documents you have supplied in response to our Data Protection Act information request dated 10th March, 1st May, 4thJune and 1st July 2008. As you can see from our previous communications we have requested, and failed to receive the required information on numerous occasions. In order to move forward we require a copy of the full terms and conditions of the PPI policies for both of the agreements shown above. I also request full details of the name of the company where the PPI policy was/is held as should have been provided on the first request.
I would like to bring to your attention once again your lack of response regarding my request for refund of PPI payments made against the agreements shown above, I responded to your letter dated 22nd November 2007 – please see my letter dated 8th February 2008, to which I have yet to receive a satisfactory response. My husband and I were witness to the salesman at Direct Car Finance stipulating that ‘No PPI’ meant ‘No Loan’ despite our objections. We were under the impression that this was not an optional addition but compulsory in order for us to obtain the relevant credit, a practice which we have since learned is unlawful. I would ask you once again to consider your refusal to reimburse all monies paid in relation to PPI payments for the agreements outlined above, and in addition we will also be issuing a claim for all unfair penalty charges levied on both accounts.
If I do not receive a more favourable response within 14 days I shall be taking my complaint to the Financial Ombudsman and assume that your letter dated 22nd November 2007 is your Full and final response on this matter. Copies of all correspondence and requests for information will be forwarded to them as proof of non compliance, breach of data protection act 1998 and PPI mis-selling.
You have a further 14 days to comply.
May I also refer to your ‘threat’ of the account being passed to a debt recovery agency, despite my request for you not to do so – we have received a demand for payment from Lewis Debt Recovery and have responded to them accordingly outlining the fact that the account has been in ‘serious dispute’ with Welcome since 29th October 2007. As you may be aware that whilst the account is in a state of serious dispute with Welcome Finance, that passing the account to any debt collection Agency would not only constitute a breach of OFT collection guidelines, but also a breach of the Consumer Credit Act 1974 and Data Protection Act 1998.
OK, let's take thing step-by-step as I appreciate that things are tough for you at the mo with hub losing his job ...
1. If you have a Single Premium policy then your loan agreement should show one large amount added to the loan amount at the start of the loan itself. Does it look like that?
Am not able to enlighten you as to why the fees are named as they are, but they are penalty charges nontheless and should be re-claimed. More on that later.
So, you have two things here, request for return of charges plus PPI refund request.
2. I think that you should now send the Harassment template letter to the DCA and copy Welcome in to stop the telephone calls from the DCA, it should also include a reference to the fact that the a/c is in dispute. I've had a go, see if you like this:
Re: Harassment by telephone
ACCOUNT NUMBER: XXXXXXX
Dear Sirs
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)
You are also advised that as of (date of your last letter to Welcome) this account is in dispute with regard to the mis-selling of Payment Protection Insurance (PPI) and charges unlawfully applied over a period of time. As such, I require that any further action on the account on your part cease immediately and that the account is transfered back to Welcome Finance.
Yours sincerely,
Don't forget to send your letters first class recorded delivery.
3. I think that you should also included a separate letter to Welcome telling them that you require the Terms and Conditions of the loan and in particular the Terms and Conditions of the PPI element of the loan which should include all exclusions clauses including the reference to any refund that you are entitled to . Tell them that you are entitled to receive these within the Data Protection Act 1998. Failure to comply with your request will mean reporting them to the Data Commissioner and possible court action on your part.
If you need help with this letter please let me know.
So that's 3 things to do at the mo ... does that seem OK? Try to keep yourself focused on doing things in stages rather than worrying about everything all at once
Hi again
Sorry to be a pain but i dont get chance to get on here during the day so need to get all info on at night lol!
I have after 4 solid hours finally put together a letter which i intend to send to Welcome (DCA letter already to go) - could someone possibly check the wording and advise if anything needs to be changed???
Dear Sir/Madam
Reference: XXXXXXX/ XXXXXX
We are in receipt of the documents you have supplied in response to our Data Protection Act information request dated 10th March, 1st May, 4thJune and 1st July 2008. As you can see from our previous communications we have requested, and failed to receive the required information on numerous occasions (within the 40 day statutory deadline within the legal terms of the Data Protection Act 1998). In order to move forward we require a copy of the full terms and conditions of the PPI policies for both of the agreements shown above.I(as required within the legal Statute of the said Data Protection Act 1998 within the Laws of the United Kingdom). I also request full details of the name of the company where the PPI policy was/is held as should have been provided on the first request. ( Failure to respond in a positive way to this request will result in a serious complaint to the Financial Ombudsman Service, The Financial Services Authority, The Office of Fair trading and The Trading Standards Authority)
I would like to bring to your attention once again your lack of response regarding my request for refund of PPI payments made against the agreements shown above, I responded to your letter dated 22nd November 2007 – please see my letter dated 8th February 2008, to which I have yet to receive a satisfactory response. My husband and I were witness to the salesman at Direct Car Finance stipulating that ‘No PPI’ meant ‘No Loan’ despite our objections. We were under the impression (not the best response) (Informed IS BETTER) that this was not an optional addition but compulsory in order for us to obtain the relevant credit, a practice which we have since learned is unlawful. I would ask you once again to Seriously re-consider your refusal to reimburse all monies paid in relation to PPI payments for the agreements outlined above, and in addition we will also be issuing a claim for all unfair penalty charges levied on both accounts.
If I do not receive a more favourable response within 14 days I shall be taking my complaint to the Financial Ombudsman (as I now consider you have issued your final response) and assume that your letter dated 22nd November 2007 is your Full and final response on this matter. Copies of all correspondence and requests for information will be forwarded to them as proof of non compliance, breach of data protection act 1998 and PPI mis-selling.
You have a further 14 days to comply.
May I also refer to your ‘threat’ of the account being passed to a debt recovery agency, despite my request for you not to do so – we have received a demand for payment from Lewis Debt Recovery and have responded to them accordingly outlining the fact that the account has been in ‘serious dispute’ with Welcome since 29th October 2007. As you may be aware that whilst the account is in a state of serious dispute with Welcome Finance, that passing the account to any debt collection Agency would not only constitute a breach of OFT collection guidelines, but also a breach of the Consumer Credit Act 1974 and Data Protection Act 1998.
I would also point out that any agreement was with Welcome Finance and not with a DCA and therfore they have no legal claim on any alleged debt (Ask the DCA to produce the CCA). If they cannot produce then bad luck the agreement if a CCA exists was with Welcome not any DCA.
Remember I am not a banana just out to help where I can.
Hi Paintball and Alanalana
I am so grateful for the help and advice - i am going to adjust my letter to include the above and get it all sent tomorrow.
With regards to the 2 separate issues of PPI and penalty charges is there anyone who could take a look at the statements in order to advise the best way to come to a reclaim figure? We switched between weekly and monthly repayments, the car we originally had the finance for was returned 3/4 way thru the agreement - i have no idea how much the car was sold for at auction or even the outstanding figure as they re-wrote the loan to cover the shortfall. This info doesn't appear anywhere in the SAR bundle and im blue in the face from asking for the entire account history! I know i've been well and truly had but i'm back fighting now! As for the telephone calls they mysteriously seem to have stopped but i have blocked most of them on my mobile so unless its withld its fine.
The account computer notes make very interesting readin however and give full details (altho alot of abbrev's which i dont understand) of each phone call they made and even documents receipt of my 'harrassment by phone' letter sent last september, the next page then has an A4 sheet of a phone call log which they note each and every call made to us over a short period of time so they have shot themselves in the foot there. The more i read the more angry it makes me and i'm not sure if thats a good thing at the moment, i am just so grateful to this forum for all the help i have recieved over the past 2 years.
Thank you a million times over
With regards to the 2 separate issues of PPI and penalty charges is there anyone who could take a look at the statements in order to advise the best way to come to a reclaim figure? We switched between weekly and monthly repayments, the car we originally had the finance for was returned 3/4 way thru the agreement - i have no idea how much the car was sold for at auction or even the outstanding figure as they re-wrote the loan to cover the shortfall. This info doesn't appear anywhere in the S.A.R - (Subject access request) bundle and im blue in the face from asking for the entire account history! I know i've been well and truly had but i'm back fighting now! As for the telephone calls they mysteriously seem to have stopped but i have blocked most of them on my mobile so unless its withld its fine.
The account computer notes make very interesting readin however and give full details (altho alot of abbrev's which i dont understand) of each phone call they made and even documents receipt of my 'harrassment by phone' letter sent last september, the next page then has an A4 sheet of a phone call log which they note each and every call made to us over a short period of time so they have shot themselves in the foot there. The more i read the more angry it makes me and i'm not sure if thats a good thing at the moment, i am just so grateful to this forum for all the help i have recieved over the past 2 years.
Thank you a million times over
this is a big issue how to work out what to claim. Mods (Site team) have advised on the forum to just put in the claim and it should be up to the banks to give the details.
Oh! if they sent a list of abbreviations they should have also included a sheet explaining what those abbreviations meant part of the SAR.
I hope this is of use, any questions just ask and you will surely get an answer from me or other claimants fighting for their money.
Hi alanalana
How do i request the explaination of abbreviations??? There are so many separate issues i could write a couple of letters per day and still not cover the info lol!
Thank you so much once again
Hi alanalana
How do i request the explaination of abbreviations??? There are so many separate issues i could write a couple of letters per day and still not cover the info lol!
Thank you so much once again
I would send a letter stating " As I am not familiar with the banking abbreviations within the documents you have supplied. I now require you to provide me with a full list of all abbreviations (with the full meanings of the abbreviations as used by Welcome Finance) as appropriate to your response to my S.A.R - (Subject access request) and all the documentation supplied under that request. I require a full assurance of all of the details ( In a complete and comprehensive manner) supplied by you to enable me to make my considered responses in due course to your letter.
This in fact is a requirement of my SAR that you would provide a list of all the abbreviations within your documentation to enable me to deliver an accurate and detailed response before proceeding to further action."
That should work to get you some details. If no response bang in another letter of complaint to the universe. (see my thread for all addresses in the universe with regard to PPI complaints)
Hope this gets some results for you. A Complaint an hour keeps the bankers sour
My experience with all of my claims against banks, credit card companies (and the universe LOL) is to bang in all the charges you think are relevant and when it comes to the payout, the company will just pay up.
But in some cases they contact you to query the odd charge (Barclaycard did this and we negotiated very nicely ).
I have updated my post 16 to ensure you do not only get a new list of the abbreviations but what they mean to welcome. A bit of an oversight by me I hope this is not too late maud
Hi Alanalana
I did post my letter today however its highly unlikely that they will get it right first time lol so i will certainly use the amended section should i need to - i stand more chance of a lottery win than these scum bags actually complying!
Huge thanks once again Alana.
Do you know if there would be any comeback regarding the part exchange issue??
Hi Alanalana
I did post my letter today however its highly unlikely that they will get it right first time lol so i will certainly use the amended section should i need to - i stand more chance of a lottery win than these scum bags actually complying! (Keep the faith and keep pressing Very Hard. My fight is still ongoing with multiple complaints to the world all now with the ICO, fos, FSA, OFT etc).
Huge thanks once again Alana.
Do you know if there would be any comeback regarding the part exchange issue??
I am not able to comment as I have no experience on the part exchange issue on car loan finances. Have your tried other forums on the CAG I am sure if you search you will find something to help on this issue.;-)
Welcome Finance - please please help me
, CCA and PPI refund 12 months ago i have only just recieved the info i require. Initially when i sent my PPI refund request they wrote back saying that i had basically agreed to the these terms at the time of signing etc, my point was that the loan salesman from approved car finance said we couldn't have the loan unless we took out the PPI. On closer examination i have also noticed that the car which we part exchanged - for what we had been told was £1000 turns out to be £1!! I am so angry about this. I have posted in general debt but i think i may have posted int the wrong place. Now Welcome have passed the account to a DCA
Reply With Quote
Me too if it means Banks suffer from it
