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timtimbo

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  1. I wish you to clarify a few points:- * 1.*the information*commisionor has ruled that Welcome breached the Data Protectiojn Act by reporting incorrect information to the credit reference agencies, how does this final decision affect that ruling, as following this ICO ruling, I am able to claim compensation for the multiple breach's, through the courts, which I intend to do immediately. * 2. the ICO has ruled that the default date should in fact be reported to the credit agencies as the date I first defaulted the account, which*is approximately August 2009, which*from my proprest is better as this information will fall of my credit file sooner. * 3. if I accept the FOS decision,*am I able to negotiate with Welcome concerning the removal of the default for reduced /full settlement at a later date,*as I would*be free to do this*in normal circumstances? * Any guidance greatly appreciated Thanks
  2. Not sure on you response. Welcome had frozen the debt, but continued to report and increased outstanding amount each month. Furthermore I was employed in financial services and since the default have not been able to secure full time work, only temp or contract. In FS a credit check is part of the employment process.
  3. So what would you suggest, accepting the FOS ruling and taking them to the small claims court for compensation. I am likely to get compensation for breach of DPA?
  4. Also found ICO response in my favour So what does this mean, can I claim compensation for each time they reported an incorrect figure to each credit reference agancy or just compensation once? ICO Response to complaint.pdf
  5. URGENT HELP REQUIRED I appreciate that I am leaving this estreamley late, as today is the 5th and FOS have given me until the 7th to accept their final decision on my complaint. However my father has recently passed away and as a result I have not given this matter any attention at all while dealing with his affairs. My initial view is that the FOS final decision is flawed and that the default / debit as is, is unenforceable, but I would appreciate some further guidance on this. I wish to get an explanation of the legal implications of this decision by the FOS, some guidance on whether to accept the decision or whether to continue to challenge the legality of the default notice issued (specially considering the ombudsmans comments regarding the legality of the default notice) and the likely hood of having the adverse credit history removed from my credit file. Welcome Finance has acknowledged to the FOS that they failed to follow the proper procedure set out in the Consumer Credit Act when defaulting the account. They issued default notice and registered the default with the credit agencies all on the same day. Furthermore, internal notes supplied to the FOS would indicate that the account was also terminated on the same day as the default notice being issued, however I would like this clarifying. * The FOS have warned me that if I don’t accept the final decision Welcome would be able to add the interest they have not been adding immediately which would considerable increase my outstanding debt, to a little less than £5,000 which does concern me, however I can’t see how this is possible as Welcome have told me that the account has been frozen since December 2009. * I wish to bring this whole affair to an end as quickly as possible, but my key aims are:- • Not to pay more than the £2706.00 that the FOS says is fair, and ideally less. • Completely remove the adverse credit history against me. * I would be willing to pay the full amount outstanding, however this is not completely possible at this immediate time. However would be possible in the next few months as my father left a small amount of money to each of his children. * In the past I have made a number of offers to pay 50% and 66% as full and final settlement, however while my complaint has been ongoing Welcome Finance have completely ignored all offers even though they have been put through the various debit collection agencies they have been using at that point of time. * Can anyone help me, my view is that default is unenforceable at this stage as Welcome failed to follow the correct procedures when terminating the account, defaulting me and registering the default with the credit reference agencies. * I would like some assistance in putting a letter together to the FOS to decline their decision, a letter to welcome explaining why the default is invalid, quoting court cases and requesting that they remove the invalid default from my credit reports, and a letter to issue to the DCA’s explaining why they are unable to chase me for the debit without a court order. * I will attached the letter from the FOS, the notes the FOS supplied me showing account termination and a copy of the default notice, I have hundreds of other pages of documentation which I will happily attach if required. Thank you in advance for your assistance.
  6. Subbing, as seems very similar to my situation
  7. Is there any evidence I can provide to support this arguement? Court cases, ICO or OFT ruling or even FOS rulings? Thanks
  8. No I understand that and have declined the offer made. My argument is that it is more than plausible that Welcome Finance did not issue the default notice considering they have acknowledged that they failed to follow the correct proceedures and even if they did issue the default notice I had recently moved address. I have demonstrated by contacting Welcome Finance and their shy management company and making an offer to settle as soon as I became aware of the default, that had I received to default notice with I would have made attempts to resolve the issue within the permitted time and the default notice would never have been added to my credit files. What I am after is some evidence with regards to the processing of default notices and registration with CRA's which would deem the invalid and mean they must be removed, to add weight to my argument. Anything that would help would be greatly appreciated, thank you
  9. Right were do I start, I’ll jot everything down to start with and then ask for help at the end. Well in 2008 I got made redundant twice and as a result had difficulty meeting my financial commitments, I struggled for as long as possible but after a while things became difficult. So during 2009 I ended up stopping paying Welcome Finance my payments, after a while I contacted them to offer a token payment, which they refused unless I went through a recognised debt management company. In August they contacted me and offered to rewrite my agreement, I declined as it was unaffordable. In September 2009 they contacted me again and reoffered to rewrite to debt in effect for 25% of the previous payment, so I agreed and made the payments for 3 months. December 2009 after my third payment they tell me I need to sign paperwork for rewrite and ask me to make an appointment to complete the required paperwork, I agree an appointment for the Next Saturday. At either 4:45pm or 5:45pm they leave a message on my answer phone telling me that if I do not confirm my appointment in the next 15 minutes, they will not rewrite my agreement. Well as so as I got off the tube and received the message, I tried to call my branch and the customer services number. No answer at my branch and customer services were unable to help all Friday evening and weekend. Monday called my branch to be informed that the rewrite was not formal until paperwork signed and Welcome stopped rewriting loans late on the Friday so I was required to revert to my previous repayments. Anyway I filed a formal complaint a few days later, and heard nothing until mid January 2010, spoke to an area manager, who agreed to rewrite the loan, I asked him to put something in writing and again heard nothing. I tried to get answers from customer services a number of times but got nothing. Filed a complaint with the FOS, about the agreed rewrite being withdrawn after I believed it had been started. April/May 2010, I carried out a credit check on my files and found a default notice against me from Welcome Finance, on approximately the same date the Area Manager agreed to rewrite my debt in January 2010, I immediately contact Welcome Finance, who referred me to a debt collection agency, who I contact and agreed a reduce settlement figure, I requested that my default be removed and all agreed, ask for this in writing which they sent out. Once I received this I contacted them explained that I had a complaint about this running with the FOS and they advised that I should wait for the FOS to respond and they agreed to hold the offer Anyway in December 2010 I received the FOS 1st review, completely rejected my complaint. I then wrote to the debt agency and re-instated my offer and followed up a few weeks later, to be informed that Welcome Finance had put my account on hold. A few days later a new debt collection agency contacted me apparently the debt had been transferred to them now and they had specific instructions not to accept settlement offers. Any during December I had issued a SAR and CCA request to welcome and question the information they had reported to the CRA’s. Anyway it transpired that Welcome finance had register the default notice with the CRA’s the same day they issued the default to me. Anyway went back to the FOS. Today the FOS have come back to me with a letter offering settlement. They agree that Welcome should not have continued adding interest to my account after informing me and FOS that interest was frozen, and Welcome have agreed to wipe interest and pay £50 D&I. They agree that Welcome should not have registered the default the same day as the notice was issued, but that it should remain as is, as the correct procedure would not have made a difference as I did not settle. Do not believe that there is any evidence that Welcome agreed to rewrite my debt, even though I provided evidence of payments. Do not believe that Welcome did anything wrong when then transferred my account from a company who had agreed a reduced settlement to another company. Now sorry I have provided the FOS with evidence of offer to debt collect agency, and stated that I never received the default notice as I had recently moved as stated on my credit reports. So I have evidenced that if I had the chance I would have resolved the issue before the default was registered. My question is Welcome Finance and the FOS have agreed that the correct procedures were not followed when applying the default to my credit files, doesn’t this make the default invalid and what can I do to get it removed from my credit file. Any examples of similar case’s that I can evidence to the FOS and Welcome to get the default removed. Please any help would really be appreciated as this has been dragging on and I’ve just had enough. Thanks to all in advance
  10. Right were do I start, I’ll jot everything down to start with and then ask for help at the end. Well in 2008 I got made redundant twice and as a result had difficulty meeting my financial commitments, I struggled for as long as possible but after a while things became difficult. So during 2009 I ended up stopping paying Welcome Finance my payments, after a while I contacted them to offer a token payment, which they refused unless I went through a recognised debt management company. In August they contacted me and offered to rewrite my agreement, I declined as it was unaffordable. In September 2009 they contacted me again and reoffered to rewrite to debt in effect for 25% of the previous payment, so I agreed and made the payments for 3 months. December 2009 after my third payment they tell me I need to sign paperwork for rewrite and ask me to make an appointment to complete the required paperwork, I agree an appointment for the Next Saturday. At either 4:45pm or 5:45pm they leave a message on my answer phone telling me that if I do not confirm my appointment in the next 15 minutes, they will not rewrite my agreement. Well as so as I got off the tube and received the message, I tried to call my branch and the customer services number. No answer at my branch and customer services were unable to help all Friday evening and weekend. Monday called my branch to be informed that the rewrite was not formal until paperwork signed and Welcome stopped rewriting loans late on the Friday so I was required to revert to my previous repayments. Anyway I filed a formal complaint a few days later, and heard nothing until mid January 2010, spoke to an area manager, who agreed to rewrite the loan, I asked him to put something in writing and again heard nothing. I tried to get answers from customer services a number of times but got nothing. Filed a complaint with the FOS, about the agreed rewrite being withdrawn after I believed it had been started. April/May 2010, I carried out a credit check on my files and found a default notice against me from Welcome Finance, on approximately the same date the Area Manager agreed to rewrite my debt in January 2010, I immediately contact Welcome Finance, who referred me to a debt collection agency, who I contact and agreed a reduce settlement figure, I requested that my default be removed and all agreed, ask for this in writing which they sent out. Once I received this I contacted them explained that I had a complaint about this running with the FOS and they advised that I should wait for the FOS to respond and they agreed to hold the offer Anyway in December 2010 I received the FOS 1st review, completely rejected my complaint. I then wrote to the debt agency and re-instated my offer and followed up a few weeks later, to be informed that Welcome Finance had put my account on hold. A few days later a new debt collection agency contacted me apparently the debt had been transferred to them now and they had specific instructions not to accept settlement offers. Any during December I had issued a SAR and CCA request to welcome and question the information they had reported to the CRA’s. Anyway it transpired that Welcome finance had register the default notice with the CRA’s the same day they issued the default to me. Anyway went back to the FOS. Today the FOS have come back to me with a letter offering settlement. They agree that Welcome should not have continued adding interest to my account after informing me and FOS that interest was frozen, and Welcome have agreed to wipe interest and pay £50 D&I. They agree that Welcome should not have registered the default the same day as the notice was issued, but that it should remain as is, as the correct procedure would not have made a difference as I did not settle. Do not believe that there is any evidence that Welcome agreed to rewrite my debt, even though I provided evidence of payments. Do not believe that Welcome did anything wrong when then transferred my account from a company who had agreed a reduced settlement to another company. Now sorry I have provided the FOS with evidence of offer to debt collect agency, and stated that I never received the default notice as I had recently moved as stated on my credit reports. So I have evidenced that if I had the chance I would have resolved the issue before the default was registered. My question is Welcome Finance and the FOS have agreed that the correct procedures were not followed when applying the default to my credit files, doesn’t this make the default invalid and what can I do to get it removed from my credit file. Any examples of similar case’s that I can evidence to the FOS and Welcome to get the default removed. Please any help would really be appreciated as this has been dragging on and I’ve just had enough. Thanks to all in advance
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