OK try this There has been a breach of the DPA - as they have failed to maintain records that they should have maintained. In that context then their claim is rubbish. As they are implting that they were not required to hold such records. So my reply did not mislead. But instead in picking fault with posters - and trying to put OP's off taking action, you could simply have given that information to the OP. But you didnt because it dont help Welcome. I think welcome would be better off not taking your legal advice. But hey the trouble they are in they can't afford decent legal advice - so yours will have to do. Am sure the OP is able to make up their own mind as to which advice to take.

Well they should have sent you that copy - did you make a fromal CCA request? am sorry i can't remember.

If you make a formal cca request they generaly fail to supply terms and conditions - thsi is due to how they maintain their records, and copy the credit agreements We have written evidence from welcome showing how this works. also would advise you to report any wrong doing to the OFT - their is a live and active file.

Have sent you a pm ref: multiple agreements - cannot post in the open forum just yet - case still going on.

How can it be 'your fault'? you have mail.

Oh dear the childish pointing out of typos how amusing. I note that you fail to help the OP by confirming that the company concerned has misled them and should have maintained records - and by not doing so are in breach of the act. You seem more intent in picking holes in anything to do with Welcome though, but never anything in the OP's favour - you also seem to have a lot of legal knowledge - as well as procedural - much like another poster who logs on around the same time as you. So what brought you to this forum? you have never started a thread with your issues - nor ever mentioned them - and despite stating early on that you did not know much about the mechanics of credit - you seem to have an interest in Welcome and their credit agreements. That firm of solicitors welcome use are not very good are they? have you come across them?

That case you mention is a different set of circumstances - same as people quoting Harrison v Black Horse for secret commissions. The broker was an intermediary - in the case you quote, as in the case of Harrison v Black Horse, it was claimed the lender was acting as broker.

DONT talk to them on the phone - ever. Record any calls - and dont pay them a penny - your account is lawfully in dispute as they have failed to comply with your CCA request.

I think you should read Welcomes policy docs - it states throughout that it is Welcomes Policy - in fact the whole booklet is information on what welcomes policy covers, and how to claim on welcomes policy. So it is either their policy - or they have misled the the customer contrary to CPUTR 2008. The broker did not 'sell' the policy, in the same way they did not 'sell' the finance - they acted as an intermediary for the sale of the credit agreement provided by welcome and the insurance policy provided by welcome. The Policy would have been underwritten by an insurance company - usually Norwich Union in the case of Welcome, but this is not relevant and it cannot be claimed to be NU's policy. That would be like claiming that the loan was not from Welcome because RBS actually provided Welcome with the finance.

Blimey - thats a hell of a bus ride to Chiswick.

Your cashminder account will show on your credit file - give it a couple of months or so. A savings account, however, will not.

Well technically it's not the DPA - but the respondant was just playing petty pendaticts in an effort to fob off the OC. (as you are fully aware). There is a plethora of different types of data - and time limits it must be retained. An example would be emails for the financial industry - they must be kept for 6 years. The DPA deals with the protection of data - and your right to access that data. (The act actually states that information should be kept no longer than is necessary) Data must be kept on all live accounts. And for differeing periods afterwards depending on the type of data. I have dealt with data that only needs to be kept for 6 months - and some for up to 40 years.

Blimey Bart you're up early - 06.31 - you been raided?

Make sure yo send it to their head office in Nottingham - and not your local branch.

You need to speak to the OC direct. As for a bank account - the COOP will do a basic bank account called a cash minder account. Make sure you ask for a Cash Minder account,e or else thy will do all the normal checks for a standard current account - for which you will probably be turned down. The person you deal with may not tell you about the Cash Minder account - so it helps to simply ask for one.

No problem - where Welcome are concernd it is a pleasure.

would be interesting to see.

You will need to contact the information commissioner to be sure - they do have a free advice helpline, and the details are on their website

Total rubbish.

Can i suggest a legal rep become invoved? would love to see a transcript of this one.

Hold on - He took an oath? are you sure - not that i am doubting you - but it makes a big difference. (Purgery carries upto 7 years).

I was in a court room when Bolton admitted to knowing who AT was - and that he ran T&R, HFO etc. It was a direct question by a barrister to one of his 'colleagues'.

It was made up and that is fraud.

A & F well done and great news. It appears they are having a bad year - and it is only going to get worse. Can i ask - was your case small claims or fast track? Was the small amount awarded to you to compensate you for costs?