Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Unhappy Welcome Finance Secured Loan Nightmare

    Help please

    My husband has a secured loan with Welcome Finance and i have had so much difficulty with them i do not know what to do next. I have already sent them the letter harrassment letter and recently i requested a copy of my agreement as i could not find my original. I was sent a statement of the transaction. On there was insurance that i did know i had purchased. I then sent another letter recorded asking for a copy of my agreement but after reading the threads i did not use the Subject access requesticon template. What should i do next. I also cancelled my DD as i changed jobs and had a new payment date. I have not had any response from them and am i right in thinking that they have to give me 14 days notice when they are going to take a payment under the DD guarantee.

    I have had endless trouble with these people i have complained so many times. I complained to the area manager because people from the office were turning up in shorts and t shirts had there mates in the car. Now it seems that for the occassions my husband asked for a payment holidayicon, auhtorised by the branch manager are classed and now these are arrears and we are being charged extra.

    Please can someone help me I really do not know what to do next .


  2. #2
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    Default Re: Welcome Finance Secured Loan Nightmare

    Welcome to the forum, you are in the right place and you will receive assistance here from consumers in (OR HAVE BEEN) the same position as yourself.

    First is getting your agreement, when you say you sent them a letter for the agreement was it a CCA ? did you enclose a pound fee and was it sent recorded ? If not this is what you need to do, please confirm . Dont worry about the SARicon yet as one thing at a time we will do the CCA first.

    Regarding the direct debiticon guarantee, if you setup the direct debit then it is not covered, a company can use their own discretion of what is due and how much to take, they do need to inform you ( 10 working days notice)but you are giving them access to your account. It is better to pay by standing order then you are in charge.

    You have sent them the harrasment letter so they will not come to your house again.

    I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
    1) give a small donation to this site to keep it going because without this forum I would know nothing.
    2) Use your experience to help somone else on another thread.

    Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

  3. #3
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    Default Re: Welcome Finance Secured Loan Nightmare

    Thank you for your help. I will the CCA letter off today and wait patiently for any response .

    Is there anything else i should or could be doing in the meantime.


  4. #4
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    Default Re: Welcome Finance Secured Loan Nightmare

    Use the below template. (recorded delivery)


    Your Address

    Date

    Dear Sir/Madam

    Re:− Account/Reference Number 4563210025897412

    This letter is a formal request pursuant to s.77 to s.79 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(6) will apply.

    Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Tradingicon 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.

    We look forward to hearing from you.

    Yours faithfully


    print your nameicon (not sign) and enclose a one pound postal order, send it to head office at :

    Welcome financial services
    Compliance Department
    Ruddington fields business park
    Ruddington
    Nottingham
    NG11 6NZ



    In the meentime do not speak to them on the phone, best way is to not confirm password when or if they call, what I did when they called me is read the letter of harrasment out to them on the phone and tell them it is sent to compliance, still not confirming password. they should not phone or visit due to you sending this letter.

    This will get you your agreement for us to check, if not received in 14 days your account is in disputeicon.

    On there was insurance that i did know i had purchased
    Do you believe this was missoldicon for any of the various reasons ?

    Are you still paying and is it t the rate of contracted amount ?

    .............

    Depending on your answers and the agreement you receive will depend if we now need to send off a SARicon for a full copy of every information held on you.

    I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
    1) give a small donation to this site to keep it going because without this forum I would know nothing.
    2) Use your experience to help somone else on another thread.

    Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

  5. #5
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    Default Re: Welcome Finance Secured Loan Nightmare

    Sorry my spelling is awful, I meant to say that i did not know insurance had been purchased. My husband informs me he never requested it but there is an amount of nearly 4000K added to the balance.

    Thanks for the template much appreciated


  6. #6
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    Default Re: Welcome Finance Secured Loan Nightmare

    Ok so in that case you have PPI that you believe is missold and you wish to claim back and take action right ? . .

    Now wait till Monday and send off your SAR below enclose a 10 pound postal order sent recorded (reason im asking you to send Monday is best to send seperate day from CCA so receipts are unique giving more traceability as welcome have been known to claim only one of the letters received).

    WELCOME FINANCIAL SERVICE
    COMPLIANCE
    RUDDINGTON FIELD BUSINESS PARK
    RUDDINGTON
    NOTTINGHAM
    NG11 6NZ

    REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIEVERY

    Never sign but print signatureicon.


    [your address]



    [their address]


    [DATE]





    Data Protection Act 1998






    Dear Sir/Madam



    ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)



    Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.
    Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.
    The Subject Access is not limited to my transaction history and it is not linited merely to 6 yearsicon of historical information.
    Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.
    I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.
    If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

    If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

    I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interesticon charges which you have levied on them.
    As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject access requesticon, I shall also be reclaiming the enclosed £10 Data Protection Act subject access request fee.

    If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
    I would be happy to collect the Data from my local branch.


    Yours faithfully,


    [signature]


    [name]

    I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
    1) give a small donation to this site to keep it going because without this forum I would know nothing.
    2) Use your experience to help somone else on another thread.

    Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

  7. #7
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    Default Re: Welcome Finance Secured Loan Nightmare

    Ok so now we just play the waiting the game for the 2 weeks to be up .

    Thanks for your help.


  8. #8
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    Default Re: Welcome Finance Secured Loan Nightmare

    Right Hubby confirmed CCA letter sent today by recorded delivery. But ...

    You know i mentioned earlier that i did request a copy of the agreement but not under the CCA template, i was never sent a copy of the agreement but they did send me a statement of all the payments that i had made which is how i found out that there was insurance which i didnt know we had. Is this the info that i would be sent if i did a SARicon. I dont want to do an SARicon if I already have the info that I need.

    When you do a SAR do you get all the info on the previous loan agreements. As this originally started out as a Car loan then a normal loan then went to secured and now its over £20k we owe.

    Also i have just spent days reading the Welcome Threads and i am just so confused now as to what i should do next. Although it does make for great reading. What i never seem to find is if people actually do get one over on Welcome as the threads always seem to end.

    Bit worried at mo as not heard anything from the local office and that is defo not like them .

    Any advice greatfully recieved.


  9. #9
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    Default Re: Welcome Finance Secured Loan Nightmare

    Send the two letter templates I have given you (CCA and SARicon) .
    The fact you asked for your agreement and they did not provide just clarifies that a legal document is needed like the CCA1974 to force their hand. The SARicon does indeed force them to comply and send every bit of information they hold on you for all contracts, agreements and communication .

    Trust me people do get one over on welcome and such companies as the law is on their side just as it is on yours. Unfortunatly human nature and proven facts show that once people use these kinda forums and get what they need they never return to tell the story, just look at how many members we have here in comparison to how many are logged in ? people used to come in their hundreds claim backbank charges but never donateicon or let us know their sucess, only about 5% of us actually stay to tell the story and help others . . . fact. . .

    I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
    1) give a small donation to this site to keep it going because without this forum I would know nothing.
    2) Use your experience to help somone else on another thread.

    Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

  10. #10
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    Default Re: Welcome Finance Secured Loan Nightmare

    Thanks Ozzywizard

    Have already sent CCA and have SARicon ready to go as well now

    Ok i have just been reading the statement i have already got and this has really wound me up looking at the amount already paid to the dirt bags.

    I have a couple of items on the statement i would appreciate any help clarifying what they mean.

    Against the same date there are 3 entrys.

    1, Loan disbursement Debit £20452.35 balance £20452.35
    2, Fee Disbursement Credit £1860.45 balance same as above
    3, Insurance premiums Credit £3815.05 balance same as above

    My questions are, what is a Fee disbursement and why doesnt the balance change until the first payment is taken a month later.


  11. #11
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    Default Re: Welcome Finance Secured Loan Nightmare

    Bump


  12. #12
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    Default Re: Welcome Finance Secured Loan Nightmare - HELP PLEASE

    Ok dont know where i stand now.

    I have just recieved a letter from welcome saying it has recieved my SARicon and they are processing the request now and that they have the £1 fee i sent. The problem is i have not yet sent the SARicon it was the CCA request with the £1 fee that i sent.

    On the letter it does list all the account numbers and it specifically states my SAR. There is no mention on the CCA request that i sent apart from the fact they have the £1 fee.

    Do i send my SAR now or not.

    Also does anyone know the answers the questions on my previous post .

    Thanks


  13. #13
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    Default Re: Welcome Finance Secured Loan Nightmare HELP PLEASE

    Can anyone help please, dont know where i stand or what to do next now.


  14. #14
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    Default Re: Welcome Finance Secured Loan Nightmare

    I guess that they have typed it up wrong otherwise they would be asking you for 10 quid to cover it. I suspect you will get what you want. Even so a Subject access requesticon will include agreement. Perhaps wait to see what turns up


  15. #15
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    Default Re: Welcome Finance Secured Loan Nightmare

    CCA request has a different timescales to SARicon.

    Note the 14 days and the 40 days.

    Have they supplied a TRUE CCA within the timescales?, if so, upload without personal details.


  16. #16
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    Default Re: Welcome Finance Secured Loan Nightmare

    sorry to hijack thread, but are we any clearer on this "true copies" thing because as i said in my thread, welcome or indeed any other lender can put in whatever sort of copy they like as far as a court is concerned. i'm a little confused here because we all keep relying on this. ok maybe for a cca request but in a court of law it doesn't seem to be valid. please correct me if i'm wrong. have things changed/changing? i just think its a point that needs looking into before we all make fools of ourselves by relying on this. if i'm wrong i'll be happy, but all the same when i went to court it wasn't an issue and was basically laughed at.


  17. #17
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    Default Re: Welcome Finance Secured Loan Nightmare

    Quote Originally Posted by stepwayne View Post
    sorry to hijack thread, but are we any clearer on this "true copies" thing because as i said in my thread, welcome or indeed any other lender can put in whatever sort of copy they like as far as a court is concerned. i'm a little confused here because we all keep relying on this. ok maybe for a cca request but in a court of law it doesn't seem to be valid. please correct me if i'm wrong. have things changed/changing? i just think its a point that needs looking into before we all make fools of ourselves by relying on this. if i'm wrong i'll be happy, but all the same when i went to court it wasn't an issue and was basically laughed at.
    Wayne same has last night, I agree this needs the " Illuminati " to Enlighten us on this issue.

    Keep mentioning it and bumping it if need be. Some one will answer for us eventually.:?


  18. #18
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    Default Re: Welcome Finance Secured Loan Nightmare

    No CCA yet as only just sent it and the letter i recieved was confirming they had recieved my request. The only thing is the letter makes no mention of the CCA request only the SARicon they i have not yet requested.

    Also any ideas as to the questions i asked re my figures i posted on post 10.


  19. #19
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    Default Re: Welcome Finance Secured Loan Nightmare

    Does anyone have any suggestions or do i wait and see what turns up.


  20. #20
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    Default Re: Welcome Finance Secured Loan Nightmare

    Right OH just informed me that the agreement has turned up and this was within the timescale.

    He informs me that there is insurance on there he advised he this was never explained to him and if he had known about it we have at least tried claim a few years ago.

    Am going to upload the doc tonight so hopefully the enlightened ones willbe able to find some flaws on it.



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