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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I borrowed £2000 with a welcome finance loan I have paid about £1000 off of it and it is sitting about £5000 at the moment!!
I defaulted a few months back when my partner lost his job, I then dealt with gregory pennington which again i was still struggling with repayments!!
To cut a long story short they are now calling up my parents saying I might be going to court.
I called them back and agreed to pay £20pm and asked for direct debit Mandate as didn't want to set it up over the phone, when I recived it was blank no ammount or date so i wrote a letter to advise i will not pay until i recived a detailed 1 as i don't want to give them access to my account with no confimation of what and when will be taken.
Last my mum and dad were receiving calls again telling them i might be going to court and trying to find out where i am working, i then recieved recived a voice message saying they were from welcome finance and they are looking at taking legal action against me due to the arrears on my account, anyone could have heard it!!!
I have recorded it and called them back and asked to speak to a manager which i am still waiting the call back.
But is this not breaking the data protection act? if so can i have a letter template to tell them this??
As this is now a disputed debt as far as i am concerned!!
Also I have heard a lot of their credit agreements are not enforcable, can anyone help me with this??
I want to get these Cowboys to leave me alone, I am so worried they will get my works number and call me there and disclose my info to a coleague.
I borrowed £2000 with a welcome finance loan I have paid about £1000 off of it and it is sitting about £5000 at the moment!!
I defaulted a few months back when my partner lost his job, I then dealt with gregory pennington which again i was still struggling with repayments!!
To cut a long story short they are now calling up my parents saying I might be going to court.
I called them back and agreed to pay £20pm and asked for direct debit Mandate as didn't want to set it up over the phone, when I recived it was blank no ammount or date so i wrote a letter to advise i will not pay until i recived a detailed 1 as i don't want to give them access to my account with no confimation of what and when will be taken.
Last my mum and dad were receiving calls again telling them i might be going to court and trying to find out where i am working, i then recieved recived a voice message saying they were from welcome finance and they are looking at taking legal action against me due to the arrears on my account, anyone could have heard it!!!
I have recorded it and called them back and asked to speak to a manager which i am still waiting the call back.
But is this not breaking the data protection act? if so can i have a letter template to tell them this??
As this is now a disputed debt as far as i am concerned!!
Also I have heard a lot of their credit agreements are not enforcable, can anyone help me with this??
I want to get these Cowboys to leave me alone, I am so worried they will get my works number and call me there and disclose my info to a coleague.
Donners, I have moved your thread to the debt collection forums, where you will receive more advice.
First of all, do not speak to these people on the phone. From now on everything must be kept in writing. If they were going to take you to court, they would have sent you a claim form already. Apart from which, there is a procedure which they must follow. They are attempting and succeeding in frightening you.
First of all, you must send them the telephone harrassment letter in the link below.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Re: I need Urgent help with Donners vs welcome finance
Hi Donners, they are breaking the Data protection Act, Welcome finance should not be discussing your debt to anyone else but you. Thet have racked up a big sum in interest. There is a letter template on this site regarding telephone harrasment which i will look up and get back to you.
Re: I need Urgent help with Donners vs welcome finance
thank you, what happens now they have broken the data protection act? will they stop chasing my debt due to haven broken the law?
Can they still take me to court?
I see that you have a facility to record telephone calls. Good, keep them and also a log of the date and time that these calls are made and also to your parents phone.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
Furthermore, with regards 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.
You are reminded of the following under The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorized in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
I am of the view that your 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.
Further to this if it is your intention to arrange a call from your 'doorstep collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
Enclose a £1.00 postal order and print your name. Do not sign as usual. Send the letter recorded delivery at the very least so you have proof of posting and also proof of receipt
The company has 12 working days + 2 days for postage to reply to your request. When you have a response from both your telephone and CCA letters, post here and you can be advised further.
1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -HERE
2: Take back control of your finances -Debt Diaries
3: Feel Bullied by Creditors or Debt Collectors?Read Here
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
Furthermore, with regards 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.
You are reminded of the following under The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation; (b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; (c) falsely represent themselves to be authorized in some official capacity to claim or enforce payment; (d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
I am of the view that your 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.
Further to this if it is your intention to arrange a call from your 'doorstep collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).
Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.
I'm not sure how it stands in Scotland, hopefully one of the others will be able to comment shortly.
Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.
Donners. My apologies, I totally missed the fact that you were in Scotland. So I have moved your thread over to this forum. I have also merged your other thread re Welcome finance.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
unfortunatley the doorstep paragraph doesn't apply to Scotland but most companies are not aware of it.
ida x
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re DPA, I would send them a strongly worded letter to the head office regarding this and state in the letter this has cause your parents and yourself distress.
Ida x
Cag is a free self-help site. If you are contacted by any other user recommending or offering no win no fee or paid for service, please report this to the site or to a site team member.
CAG depends on donations. Please consider making a donation - however big or small.
Does anyone know about welcome's PPI as that's another thing, I was forced to take out their PPI in order to get the loan, is there anything I can do about that?
Cag is a free self-help site. If you are contacted by any other user recommending or offering no win no fee or paid for service, please report this to the site or to a site team member.
CAG depends on donations. Please consider making a donation - however big or small.
Got another letter from welcome today to say they are processing my Subject access request, I sent the letter on the 8th what date do they have to to actually provide?
Donners vs Welcome finance
Mandate as didn't want to set it up over the phone, when I recived it was blank no ammount or date so i wrote a letter to advise i will not pay until i recived a detailed 1 as i don't want to give them access to my account with no confimation of what and when will be taken.
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I need Urgent help with Donners vs welcome finance
Donners vs Welcome finance 
Originally Posted by cerberusalert
Re: Donners vs Welcome finance
