My Sister booked a Holiday with Thompsons to Sharm El Sheik for the end of May. She has just had her flight from Birmingham changed to Gatwick - and what is worse it leaves/returns 2 days later than she initially booked. Some of the party have had to book time off with work and may not be able to change their dates.

Strange thing is - when I tried to book on the same flight for my family - so we could join her for her 40th Birthday - we couldn't because there was only 1 seat left on the plane.

Why then has an apparantley full plane been cancelled?? Have they realy changed an entire plane full of people to other flights?

This does not sound right to me and i intend to do some digging.

Really the Holiday - as booked - no longer exists, and what she has been offered is a new/different holiday. When she asked Thomson if their was anything else they could do she was told no. This implies that she has to just take the new holiday. They did not mention a possibility of a refund. (She would prefer a holiday but it causes problems for some in the party).

Any advice on what her rights are?

really need to see the agreement. place a piece of paper over personal details and then take photo.

also bear in mind that with DWP overpayments the 6 yeras runs from the date they first demand the money back.

Have had a contact from freds in recent times telling me that DWP over payments are not stat barred. Alleged over payment was made in 2000 - only just heard from them.

But according to freds DWP sent letter demanding payment to my old address in 2011 - so if that is their first demand for payment - would take this up to 2017 before it becomes SB?

We left that address in 2007 - so even if they sent a first request for payment, the day after we moved out it would still be 6 7 years after the original debt.

So how long do they get to send the first demand?

Thanks Ell-enn

Strangley enough they had a letter from Acenden arrive this morning teeling them to ring them if they wanted to cancel the visit, (at a charge), even though the visit had already happened.

Thanks for pointing us in the right direction.

What number post is it in? - sorry i can't find it

That agreement should be 6 pages long - it states at the bottom of each page 1 of 6 - page 2 of 6 - have they sent all 6 pages?

Did they also send you a statement with agreement?

Have you offered £100 per month as mentioned by AS above?

Can you afford this?

if so what was their response?

Without wishing to sound like a broken record - have you made a formal CCA request - which will not only give you the answers to your questions, but if they fail to respond with the correct information, you are then protected by the fact that a court can not enforce the debt untill they do.

Have you got any PPI etc on this loan that you may be able to claim back, along with any excessive charges?

It may help reduce the overall balance owed.

Also don't deal with your local welcome Branch - only deal with their head office. But as has been pointed out - as this is a secured loan it may be in your interest to send them the statements they have asked for - especialy if this proves your financial situation.

Hi

has anyone heard of a company called DMS (Debt Services management Ltd) their letter head says they are members of the association of arrears mediation.

First thing is - is this kind of service any good and will it help.

Bit of background.

Have a friend who is in arrears to the tune of about £1,500 on their mortgage due to short term problems - they did bury their heads a bit.

They brought a letter round to me this morning from this DMS stating that they would be calling in the next few days to discuss their arrears and possible repayment plans etc. that is affordable and agreeable to the lender. the letter was dated yesterday. i said to leave it with me and i would try and find few things out.

After he got home from seeing me he had had a letter pushed through his door from the field agent of this company. (Bit quick)

The couple concerned are now both back in full time employement and able to afford to pay their mortgage and a little extra to clear the arrears - though this will take a little time.

Any advice on what they should do? I could do a repayment plan for them or is it worth using this DMA firm - or is that a no no and rip off, (as my instinct tells me it is)

I have complained for all the good it will do!

make sure you update your complaint regularly - it is the weight of complaints that go against these companies.

If they send you everything they have then they have complied with your SAR - the problem is that Welcome used to lose a lot of paperwork, (convenient ?) They have been fined £150,000 for their lapse practices.

http://www.bbc.co.uk/news/business-18723038

The Default Notice is not compliant - it gives you 14 days - but it must give you an actuall date to remedy by. That means that the Court cannot enforce the debt until they send you a compliant DN. That is a total defence in Court (see Brandon v Amex).

Also, as it stands, that CCA response is not compliant - how can you read the terms and conditions with that big notice obscuring the middle of it. if they did not send you a statement as part of their CCA response then it fails for that reason also.

I can't see a right to cancel either the agreement or the PPI.

I'm still unsure as to whether it is enforceable or not...although most tell me its not! I don't like to even communicate with Cabot or Fire as it is now, as that just seems to encourage them to make even more of a nuisance of themselves..I'm sure any judge would query why 12% interest has been charged, from day 1, adding almost £2K to the debt to date when there is nothing in the alleged CCA which says they can do that! I just really wish i'd stopped paying Sainsburys the token amount as it would be now only be a couple of years off statute barred, as it is, I have another 4 years to wait..and still think they will issue court proceedings at some point

Dont assume the Judge would query the 12% - The Judge may not be an expert on the CCA.

The 12% claim is actually fvery naughty- as explained to me by someone at the OFT - you must complain - this is one of the practices that got HFO in so much trouble.

From what you are saying it appears they have not fully complied with your CCA request.

To comply they need to send you a legible copy of the agreement

A legible copy of the terms and conditions ( can you upload the T&C's they sent you? - Welcome do not keep copies of the back of the agreements - I have a statement from their head of compliance saying as much - so we need to see if they are the correct ones)

They also need to send you a full statement of account showing all charges and payments made.

Here is a copy of what they need to send to comply.

Can you also upload the Default Notice - if it does not comply then they cannot enforce the debt.

S.78 request requirements.pdf

What exactley did they send you in response to your CCA request? Did they send you any terms and conditions? Can you post up everyhting they sent in response so we can see if they have complied or not.

Do you have a copy of the letter you sent to them making your request?

In Post number 7 you have uploaded a copy of the agreement - was this sent to you in response to a CCA request, or is this a copy you had?

Can i just ask - have you made A formal CCA request for this agreement, and if so what did they send? (Upload docs if you can)

Can you also upload the Default Notice.

Experience of Welcome tells me two things - the DN will not be compliant and probably neither will the CCA request. Both are statutory bars to enforcement and will form the basis of your defence if i am right.

i havent sent a CCA request because when i did the SAR i received the agreement with that.

 

will send them a doorstep letter, as have now received a letter from them saying they are sending an agent to my property.

Send a formal CCA request - and lets see what they send you back to see if it complies. A CCA request is more than just a request for a copy of the agreement - they should also send you a statement that clearly shows how they have came to the figures they are claiming and when they became due.

Many companies fail to FULLY comply with a CCA request - and this makes it a legal bar to enforcement.

Had message you had tried to pm me - box cleared.

Has a formal CCA reqest been made?

If so what did they send in reply - and if not make one now.

That ltter from Anglia is designed to cause alarm and distress by threatening to visit you at your place of work. Report this to the OFT immediatley with a copy of the letter - Also complain about the default situation and Santander.

Best to complain to Polly Ashford at the OFT.

inbox now cleared.

Subbing - sorry was away on hols - will read through thread and come back to this later this evening.

Or if you have already sent them a harassment letter send this one.

Dear Sirs

Account No/Reference No: XXXXXXXX

I am writing in relation 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. I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records. The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations. This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by {ENTER DATE - 23 DAYS FROM DATE OF LETTER}. I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence. I feel it necessary to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt.

I therefore suggest that you consider my request and update your records accordingly.

Yours faithfully,

Mke sure it is welcome and not a dca such as lewis using the welcome name.

worst case - contact the phone provider and asl for a new number due to harrasment.

Or send them the following letter - it includes the latest case law.

Dear Sirs

Account No/Reference No: XXXXXXXX

I am writing in relation 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 and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued 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.

I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt.

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 may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully,

Yes it is head office am sick of them ringing i told them to stop in December. Although normally ignore the call but i answered it for mum the other day and told them to read their letters and stop

What number do they call from?

Two options then - ignore them - or send them another £1 recorded - enclosing a photo copy of the one you are re-sending telling them you have also retained a copy.

If they haven't cashed it - and you can prove it - then you need to report them to the ICO and OFT as a matter of urgencey as it may be a new delaying tactic to continue to harrass people.

Welcome have already been fined by the ICO.

Is it welcome head office you are dealing with?

Personaly on he CCA question i would ignore them as long as you have retained records of the letter - and the Postal Order.

As for the SAR complain to the ICO.

Can we see the agreement?