Thread: Help needed taking Welcome Finance to court

Hi,

To cut a long story very short I believe I was mis-sold PPI, Life Insurance and accident care from Welcome Finance that without interest was sold at £1390 on a £2000 loan.

Despite repeated correspondance sent recorded to Welcome they have so far ignored all correspondance even a request for Special Access has been ignored for 5 months well over the 40 days they are allowed.

In the end I filed the motion in small claims as I believed that without a final correspondance on the matter from WF i couldn't go to FSA.

Welcome have filed a defence with the court and I have been asked to respond so really my question is how much information do I have to put in the answer - do I have to put everything in there I wish to bring up in court? Also when I filed my claim I asked for £1390 + £75 court costs and 8% intrest totaling £1584 however what I didn't realise is that i have been charged interest of 51% on this ppi - I did not know about this until I have read copies of the paperwork that came with the defence as I was not given an agreement when I signed I was told they would post it to me (stupid of me yes i know!) so am I able to adjust the amount I am claiming or do I now just have to live with the error?

Lastly if I were to lose (please god I hope not) will i be liable for any of welcomes 'costs'?

Thank you

hi - sorry i'm a bit thick so guessing is poc - particulars of claim?

This is basically it:-

I took an inital loan from Welcome in October 2006 for £1000 with no insurances etc over 12 months - In January 2007 my partner had left me in quite a bad financial situation so I rang welcome and asked to borrow another £1000 over the same terms. Whilst the first agreement was done via post I was told I had to come to the office to do this one.
I went down there and was basically kept in a little office for 3 hours and was told that not taking the PPI etc 'could' effect whether I got the loan - I was naive and truthfully at the time really needed the money and did not read everything properly all the agreements were filled in and I just signed in all the places they asked me to. They then said they would send me a copy of all my paperwork. This never happened but as I was paying £190 each month and never missed a payment I thought all was ok. Then after 12 months I rang to find out why my DD was still going when my agreement should have finished - at this point I was told that my agreement was in fact 3 years - 36 months at £190 by my calculation means I pay them back £7,200 on a £2,000 loan. At this point I put a complaint in writing stating I felt I had been mis-sold my agreement - I got zero response.
I left this until July 2008 as I have a disabled baby and really did not have the time to fight it. In July I wrote again asking for my PPI to be refunded as it had been missold and gave them 8 weeks to comply. After this time I rang to find out what was going on and was told they had never recieved my letter in July (a lie as I have proof of reciept) so I told them to stand by the fax machine whilst I faxed a copy - I even stayed on the line to hear the fax ringing and the lady said she had it and would pass it to her manager I gave them 2 weeks. Again no response and another phone call where I was told they had never received the fax - it was absolutely ludricrous, I even have the fax transmission showing it received by their fax machine.

After numerous conversations with the branch I told them I was filing the case in small claims court he said someone from the compliance department would call me about this - surprise surprise nothing.
In September to try an bolster my case I did a SAR retaining proof of postage and printed the receipt off royal mail website - I have not had a response to this either.

I filed via MCOL in October and Welcome did not acknowledge the claim so I was given a judgement in default - when I warrenteed this to bailiffs Welcome then applied to have the judgement put aside on grounds they did not recieve the paperwork. We went to court about this on 30th Jan and the judge has put it aside and asked Welcome to file a defence.

On another note I have a prior medical condition Narcolepsy and I have also suffered from depression and I believe because of these conditions I would be excluded from being able to claim on this insurance (further investigation is needed but I am starting to question whether this even exists) - I have checked with other financial institutions like my bank and they say it would exclude me from claiming on their insurances. I'm positive I was never asked if I had any medical conditions nor did any sort of questionaire - surely you should have to do this as a matter of course if you're selling insurance that results in PPI or personal injury care??

hi,

yes i did enclose a postal order - and it has been signed for. I already have a docots letter stating my conditions and when I was diagnosed (both prior to this agreement starting) I also have my current medication prescription for narcolepsy and a copy of the BNF guide (medical dictionary) confirming what my drug is used to treat.

They have told me anything in relation to the policy I need to get from the insurers who the keep naming as Direct Group and Norwich Union - however Direct Group tell me thay are an insurance administrator and do not sell, hold or underwrite any policies they are basically a call centre who process claims for a number of different companies. I have also enquired with Norwich Union and they have confirmed in writing that whilst I have head policies with them or underwritten by them in the past (1 car insurance direct with NU and 1 car insurance underwritten by them sold through ASDA) they have absolutley no policy and no knowledge of WF in relation to me - all leads me to wonder who the hell insurers this - if anyone??

I sent it to the head office in nottingham to the compliance department am looking for a letter to the information commisioner about it now

WF pictures by andie_303 - Photobucket

I hope I have uploaded this right but this should be a copy of WF defence points that I need help to counter and also if I have to put any extra in there if I want to bring it up in court.

I will upload what I have written so far in a little while and see what everyone thinks