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)

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  1. #1
    Basic Account Holder pudsey2 Novitiate

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    Cool Welcome Finance say ppi claim is statute barred

    Hi
    i have been a member for a while and this site has helped me claim back 2 welcome PPIicon claims already for which i am thankful to the site and its members for giving me the guts to claim against this firm.

    i still have 2 claims against welcome for a loan and a top up loan to pay the first one off they are now fully paid off however when i have gone back to welcome they were happy to repay 2 of the loans ppi but not the earlier 2 they said these are statute barredicon because 1 was taken out in 2001 and the other was taken out in 2002 with a final payment in 2003.

    i completed the original SARicon in feb 2007 and got some information back however by september they had still not provided me all the information so i wrote to the fosicon and they have said because welcome were not regulated at the time they would not be able to help. they said to write back to them as i may be able to persue a complaint through the FOS against the underwriter.
    i have contacted welcome and they were not forthcoming with the underwriters name so it has taken me until now to find out who actually the underwriter is.

    i would like to ask the forum what can i actually claim for as the ppi alone amounts to over 7000 that is with adding the 8% from the cag loan spreadsheet.

    can i reclaim the following over the 2 loans from 2001/2002
    Healthcare = 760.00
    emergency homecare = 95.00
    mortgageicon indemnity fee = 946.00

    your help in this matter would be greatly appreciated
    I think i have all the information to move forward please let me know

    pudsey2

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  2. #2
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    Default Re: Welcome Finance say ppi claim is statute barred

    Go back to the fosicon and inform them that Welcome are not keeping their records properly, they should have this information for at least 7 years after the closure of the account for financial purposes, let alone reporting purposes.

    The FOS may have records of their own whereby they can find out who the original broker was and then use their own schemes for paying you out.


  3. #3
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    Default Re: Welcome Finance say ppi claim is statute barred

    Have moved thread to PPIicon forums

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    Default Re: Welcome Finance say ppi claim is statute barred

    I am not sure they can claim these are statute barredicon - I think the time starts from when you could reasonably have been aware the product was mis sold.

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    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
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    2: Does your Bank play fair - You can force your Bank to play Fair with you
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    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    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
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  5. #5
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    Default Re: Welcome Finance say ppi claim is statute barred

    Hi

    First off fosicon won't be able to help with the PPI part as it is the FSCS who are dealing with Welcome's PPI claims (It is Welcome staff in FSCS uniform)

    There is no time limit as such on PPI claims so you should be after Welcome on this. The PPI was on their loan agreement, you paid them and they charged you the interesticon.

    The MIF may be more difficult but the other insurances are claimable if they were mis-soldicon.

    What paperwork have actually got for the loans that have not been upheld?

    Oh and by the way, given the value of your PPI, the FSCS will pay out 90% of the value of claims.

    To get a bit more information you could go and have a look at the FSCS website

    Regards

    ims

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  6. #6
    Basic Account Holder pudsey2 Novitiate

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    Default Re: Welcome Finance say ppi claim is statute barred

    Hi all thank you for reponding at present i have all the statements on the four account that i held and the copies of all agreements that they have provided.
    welcom have written letters telling me i am not elegible to claim back my PPIicon because they were not regilated at that time. i have complained to the fosicon that they are using stalling tactics and they are to invesigate further.
    i have contact the direct group to get copies of the insurances however it appears that they are just generic forms and policy numbers so really no further forward apart from that i have already claimed through a third party for 2 of the agreements and been paid out ppi but not insurances or MIF so if succesfull i would like to go back to them and claim all the insurance back to. the welcome staff wcfs have said i cannot claim as they are looking at cases after the date they were instructed to do after 2003 i think.
    can someone advise me on what to do next?

    many thanks pudsey2


  7. #7
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    Default Re: Welcome Finance say ppi claim is statute barred

    the FSCS aer dealing with all welcome claims
    and certainly are coughing on claims of that age.

    why are they wriggling?

    you might have upset them by using a claims co.
    which is really eating your profits here

    do it yourself!

    dx

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  8. #8
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    Default Re: Welcome Finance say ppi claim is statute barred

    Hi

    ok so its out of the time bracket that the FSCS are handling.

    So you should now be thinking of taking on Welcome head on and that may involve you issuing in court if you want to get this money back. If issuing in court the onus of proof of mis-sellingicon will be on you as the claimant.

    First off you should prepare a spreadsheet of your claim amount....have a read of No.1 in my signatureicon on how to do this and use the spreadsheet at the end.

    You would then send Welcome a letter detailing your complaint and giving the reasons why the PPI was mis-sold and requiring them to make a refund. If they fail to do so or deny your claim then you would issue a letter before actionicon giving them another seven or fourteen days (whichever you feel comfortable with) and if they till don't cough, then you issue in court.

    ims

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  9. #9
    Basic Account Holder pudsey2 Novitiate

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    Default Re: Welcome Finance say ppi claim is statute barred

    Hi i have taken out the loans with a apr of 34.1% on 1 and 29.3 on the other they alo have different monthly intrest on which is 2.0% and 1.85% respectively does this have any effect on your speadsheet as the figure i have already calulated using a CAGicon spreadsheet that takes in to account different interesticon rates?
    also should i use the figure "insurance premiums advanced" from the statement that welcome sent me?

    regards
    pudsey2

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  10. #10
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    Default Re: Welcome Finance say ppi claim is statute barred

    you work out the PPIicon PCM

    then use the SI spreadsheet

    their int rate is included in the PPI PCM you calculate

    dx

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  11. #11
    Basic Account Holder pudsey2 Novitiate

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    Default Re: Welcome Finance say ppi claim is statute barred

    dx100uk
    Re: Welcome Finance say PPIicon claim is statute barredicon

    you work out the PPI PCM

    then use the SI spreadsheet

    their int rate is included in the PPI PCM you calculate

    dx
    Do you have a link to this spreadsheet?

    regards
    pudsey2


  12. #12
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    Default Re: Welcome Finance say ppi claim is statute barred

    link 1 below?

    dx

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  13. #13
    Basic Account Holder pudsey2 Novitiate

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    Default Re: Welcome Finance say ppi claim is statute barred

    Hi DX thank you for the info can you tell me what i should be putting on the si sheet
    is it the full amount of insurance premiums advanced to the account or is it just the monthly interesticon on each payment on loan 1

    i had 1877.91 advanced on the apr of 34.1% and a monthly interest rate of 2.00 according to the finance form provided and on loan 2 1577.71 premiums advanced with an apr of 29.3% and a monthly intrest rate of 1.85% i am a bit confused at what i should be putting on the sheet do you have any examples or pointers at what i should be filing in

    Many Thanks
    pudsey2


  14. #14
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    Default Re: Welcome Finance say ppi claim is statute barred

    Have you read the article that both dx and I have pointed you to?....it's all there

    No 1 in either my or dx's signatures

    ims

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  15. #15
    Basic Account Holder pudsey2 Novitiate

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    Default Re: Welcome Finance say ppi claim is statute barred

    sorry ims21 i have read through the documents and i am still none the wiser if i send you the form i have completed would you be so kind as to give it a look over to see if i am filling in correctly.
    i have electronic copies with personal details blocked out? or if any member of the forum has done this in the past would they mind helping.

    regards
    pudsey2


  16. #16
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    Default Re: Welcome Finance say ppi claim is statute barred

    Hi

    You can post them up here in the forum, as you say MINUS ALL PERSONAL INFO AND IDENTIFIERS)

    Use this method by dx100uk


    scan the required letters/agreements/sheets
    as a picture[jpg] file
    remove all pers info inc barcodes etc using paint program
    but leave all figures and dates.

    goto one of the many free online pdf converter websites
    it would be better to uploadicon a multipage pdf
    than many single ones
    or if you have PDF as an installed printer drive use that
    or use word and save as pdf
    open a new msg box here
    hit go advanced below the msg box
    hit manage attachments below that box
    hit the add files button on the top right
    hit select files, navigate to your file[s] on your pc
    hit upload files
    NB:you can set where it goes in the post by hitting insert inline.
    then hit reply button

    ims

    If I have helped you please leave me a message by clicking my star

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here

    How To Upload Documents To Cag Instructions


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    my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary


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  17. #17
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    Default Re: Welcome Finance say ppi claim is statute barred

    Just a quick thought, if Welcome say it is statute barredicon and it is still on your credit record inform the ICOicon that they are misusing their powers in reporting this, do not keep correct records and are generally being obstructive.

    Play them at their own game!


  18. #18
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    Default Re: Welcome Finance say ppi claim is statute barred

    ims21 Here are the files as requestedwelcome file.pdf

    Regards
    pudsey2


  19. #19
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    Default Re: Welcome Finance say ppi claim is statute barred

    looks like this is more interesting

    you've had a rebate already

    and its a rollover

    but 96 mts blimey they saw you coming!

    and its a asecured loan

    and they've chagred a MIF

    you cant put penalty fees and PPIicon reclaim on the same soc

    they must each have their own

    for each loan

    workout what % the cash PPI price was of the whole loaan cash price

    then apply that to your PCM

    that will tell you what % of your PCM was PPI

    then enter EVERY PCM payment of the PPI into the sheet for PPI.

    use the SI sheet

    for the charges use the CI sheet

    and welcomes APR

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
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    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
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  20. #20
    Basic Account Holder pudsey2 Novitiate

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    Default Re: Welcome Finance say ppi claim is statute barred

    thanks dx
    i know they have charged me 2 x MIF for the rollover do i have to have seperate claims for them and how do i go about it because on the 2 PPIicon claims they have already paid out i paid 1760.00 in MIF's
    and i have not even claimed those back. i think i will need a bit of guidance from the CAGicon team here as i think i am a bit out of my depth.

    regards
    pudsey2



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