Any help on how to word this on the court paper (DETAILS OF CLAIM SECTION) - completely out of my comfort zone: Non compliance on Subject access request about 60days ago, although cheque now cashed. Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date. Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure. Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment. Have never received a statement of account from welcome despite requesting for one over and over. claiming any charges on the account - not sure of amount (again never received a statement or Subject Access Request request). These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed. Finally interest charged on acceptance fee

Help on how best to fill details of claim section will be greatly appreciated pls... newbie Summary on why i'm suing welcome: Non compliance on Subject access request about 60days ago, although cheque now cashed. Requested for an early settlement fig in Jan, got told it over the phone disputed the amount and request for breakdown and nothing received to date. Requestig for a freezy on interest and refund on interest from Jan to date, as these have been suffered due to welcomes inability to produce a statement and early settlement figure. Welcome claims the reason for the high settlement figure is due to missed payment, i can proof that i haven't missed any payment, a few late payments, but no missed payment. Have never received a statement of account from welcome despite requesting for one over and over. claiming any charges on the account - not sure of amount (again never received a statement or SAR request). These thiefs has put a default on my credit file!!! want this removed, never received a letter to this effect and i don't believe i've ever missed a payment according to my bank record, a few late one, but non-missed. Finally interest charged on acceptance fee

Thanks - already sent this letter to them about 2 wks ago. Any idea who i report non-compliance to in scotland. Will it aslo be the information commissioner for scotland?

Sent off a SAR request to Welcome about 60days ago and no reply to date. Who do i report this to in scotland please? What should be my next course of action?

45 days and welcome hasn't complied with my SAR. pls does anyone know how long info com... takes to deal with d report to them and is this ground to put my account in dispute? What do i do in the mean time if Info com takes a while o deal with this? Also never received a statement from welcome since taking out the loan (2yrs), despite numerous requests for one... anyone know if i have a legal right to this pls?

[email protected]; [email protected]; [email protected]

Anyone, where do i stand on this pls? Never had a statement, it's been 2yrs since the loan started. And for some unknown reason, it's been 3 months since iasked for a statement and early settlement fig. Nothing to date. SAR sent off 13.02.09. And the balance they told me on the phone doesn't make sense, they are even claiming it is because of missing payments.... very much sure this isn;t true, as even welcome wouldn't let you miss a payment, they will be at your door like a shot...

gloucs87, If still there what is your view on why on earth, welcome would be dragging their feet is given me an early settlement figure, asked for since Jan.

Hi peter, if you could, i wonder if you can confirm if interest is charged on my acceptance fee or not.... The statement of price says it is. The agreement makes it look otherwise. Welcome replied to my letter saying it isn't. Not good at APR calculation, but tried a few online calculators and none d wiser... due to diff answers http://i719.photobucket.com/albums/w...entofprice.jpg http://i719.photobucket.com/albums/w...1/contract.jpg http://i719.photobucket.com/albums/w...comeReply1.jpg http://i719.photobucket.com/albums/w...comereply2.jpg The monthly rate of 3.75 (annual 55.55%) is what is actually used to calc interest on my statement and it seems interest is actually calculated based on loan amount +fee, not just TC. There also seems to be a caluse on the agreement saying, they will be charging interest on daily balance of total amount of credit (cash advance +acceptance fee).... so confused.... Did they charge interest? and if they did, can they do this because of that clause?

Anyone have any idea on how to work out an apr using annual or monthly intetest rate, loan amount, fees and loan term pls....

Has anyone managed find out how they got to the APR using the interest rate quoted on their contract.... tried so many ways and just can't get to it? Any online calc i can use? ''Note It is not as easy as just saying that the creditor cannot add the fee to the first payment. He can but the fee must form part of the charge for credit and must have an effect on the APR. The only way to check that he has complied is to do the maths and calculate the APR 1 With the fee included in the Total charge for credit. 2 With the fee included in the Total Credit If the figure on the agreement agrees with 1 then the agreement is OK if it agrees with 2 then you have your claim for unenforceability. (Remember that if the agreement has a larger initial payment your calculation will have to allow for an irregular first payment in order to give an accurate APR see ((1) The repayment intervals above.)''

Got a letter from these guys saying, we never received ur SAR. Which is an obvious lie as it was sent by special del... and i've got proof of delivery... I've sent a reply attaching proof of del... and reminding that i'm counting days... canxeld the old chq and re-issued another... Waiting game now...

Danukindebt A bit of a long one that i used below, but welcome bn welcome, i wanted to cover all area. Not sure if it's good enough though.... as i'm quite new to these things.... DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans, payment protection insurance and other products. I would be grateful if you would provide the following for all accounts or associated accounts I hold or have held with your organization: Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. A complete list of all transactions or statements relating to my entire Loan Accounts with your organization. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorized officer of your company, confirming the dates and methods of destruction of this data. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. Information request should include all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor 3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account formerly held with ORIGINAL CREDITOR. 4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. 5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). 6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. 7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 10. Copies of statements for the entire duration of the credit agreement.

No apologies necessary Stewie, my thoughts exactly.... Many thanks though... another letter off tomorrow i'd say... I've got to start charging them for post, repay the favour.... Postggy: Curious to know what you spotted pls.... Ta

thanks

Finally got a reply from welcome after 5 letters and so many emails.... Am I been silly or are they digging their own grave further on the reply as it very much contradicts the statement of price. Any opinions would be great... http://i719.photobucket.com/albums/w...entofprice.jpg http://i719.photobucket.com/albums/ww196/prudent01/contract.jpg http://i719.photobucket.com/albums/w...comeReply1.jpg http://i719.photobucket.com/albums/w...comereply2.jpg

Sent off SAR on 12.02.09 - no reply to date, despite three more letters reminding them of days left and possible court acion and report to Information commissioner for non-compliance. Hopefully my emaills over the weekend to cattles, welcome, well basically all email addresses i could lay my hands on in relation to welciome will do the trick. As i just received a reply to one of the emails i sent at the weekend with regards to the acceptance letter (to me they seem to be digging their own grave on the reply as it contracticts the info on the statement of price). Fortunately, I still have all my contracts and paper work. And looking at the signed agreement and statement of price, they have charged interest on acceptance fee although the contract agreement makes it look otherwise. Can anyone please double check if i'm wrong on this please? http://i719.photobucket.com/albums/w...entofprice.jpg http://i719.photobucket.com/albums/w...1/contract.jpg http://i719.photobucket.com/albums/w...comeReply1.jpg http://i719.photobucket.com/albums/w...comereply2.jpg

For those that are confused - if it's any helps, i am very new to all this and was quie confused as to what a CCA was or even SAR.... a month ago, but reading this thread has been a great help, personally read it from the begining, and was so grateful for it..... to all those that started the ball rolling.... many thanks......

Anyone ever had any success so far reclaiming charges from welcome?

Started off just wanting to settle my account early. But welcomes dubious ways has got me digging dip, these people are seriously thiefs. Loan: APril 07 - 2,500. No PPI Monthly payment - 131.51, total payment to date:2893.22. Loan taken over 36months Asked for an early settlement figure Jan 09, received a figure of 2,380.06 partly hand written crapy letter, with no explaination of how the figure came about. Queried how this can be and was accused of maybe having missed payments in the past (Absolutely not i said). Ask for statement on 15.01.09 (no reply to date) SAR sent 13.02.09 (no reply to date). Read on the forum about the acceptance fee mess up by welcome. Fortunately applies to me ) sent off another letter to welscum 06.03.09 (no reply yet again). Now emailed all sorts, cattles, welcome, etc... waiting to see if these **** have the decency to reply their customers letter. Now getting p'd off as the more they drag this on, the more interest they get out of me.... can i get them to put a stop on the interest?

Many thanks

Thanks for the details. That's were i've been sending prior letters to, in addition to sending copies to my local aberdeen branch via recorded delivery, but no reply to date. I am hoping an email address might push things along a bit. Really want to have this resolve soon. Welcome issues in summary: Early settlement issues Charges and associated interest to reclaim Interest on Acceptance fee

Is this an open thread for welcome issues, slightly new to posting, so mistakenly opened new thread.... some help on my long issue below would be greatly appreciated. Thanks Were do i start...... I wonder if anyone can help. I took out a loan with welcome in April 07. Wanted an early settlement in August, received a statement and sent off the cheque. Only to learn 3months down the line, that they hadn't cashed the cheque due to the payment been made as two cheques (from two of my current account), that they can only accept a whole ''one'' payment. Somehow no one bothered to let me know this, someone just turned up at my door 8pm at night to say that i was in arears and wanted payment. Well told the person to leave my house or be met with the police. Called the branch next day, and was told a load of crap by the manager about the two cheque issue and how the settlement figure has now changed due to arears and charges as a result of the areas. As i couldn't afford the new settlement amount, i continued with monthly payment. Being quite young, no much knowlede of my rights and gullible at the time, i took their word for it. Well here i am again, after saving up for a while, i was hoping to settle early again (trying clear as much debt as possible before going on maternity, to limit my outgoings as much as possible while on maternity pay), but problems with welcome again. I just get the feeling they give people a run around from settling early. Actual loan on April 07 - 2500 Monthly payment - 131.51 Loan taken over 36months Asked for an early settlement figure, received a figure of 2,380.06 partly hand written crapy letter, with no explaination of how the figure came about. I was quite taken aback by the amount left, as the inital loan was for 2500, paid 2893.22 to date. Called the branch to ask how the figure came about and was told it could be down to charges or missed payments. Told the man i have never missed a payment apart from three months arears issued mentioned aboved. Asked for a statement on 15.01.09 and no response to date. Sent off an SAR on 04.02.09 and no response to date. Issues in summary: Need to claim back the charges supposedly applied on my account noted above (still waiting for the statement to see how much this is. Aparantely the ridiculous interest (APR 59.39%, annual interest rate of 55.55%) monthly interest 3.75%) on the loan (i know i should have know better) is also applied on the charges. Can they do this? Can i claim this back too? What do i do in the event of no response to statement request and SAR? And finally, upon reading up on first early settlement statement docs... I just realised that although in my agreement the Acceptance Fee is listed separately from the total charge for credit as it should be, on the statement supplied it is shown as added to initial ‘total amount of credit’ to make the higher amount, which interest is then calculated on. I learnt this might render the contract the contract unenforeceable, how true is it? (s.61 of the Consumer Credit Act 1974 and has been proved in court through Wilson V First County Trust)??? Any help would be greatly appreciated Also appreciate it, if anyone can have a look at letter i am hoping to send off tomorrow to welcome with regards to the issues above. Thanks in advance....: Dear Sir/Madam I am writing to you with regard to the above account. I have come across what I believe and can prove to be a breach of the Consumer Credit Act 1974 hence rendering the above account unenforceable. I have discovered from your companies paperwork that whilst my agreement shows an acceptance fee of £75 that is calculated into the overall loan total your company has failed to disclose on this document that the £75 has had an interest rate applied. This contravenes s.61 of the Consumer Credit Act 1974 and has been proved in court through Wilson V First County Trust. I would also say that I feel your company has deliberately mislead their representations as the acceptance fee is clearly shown as a separate figure on the credit agreement I will be referring this matter to the Financial Services Authority as I deem this to be a direct attempt to mislead the customer. Therefore as this account is now unenforceable I will be canceling my future direct debits to your company with immediate effect and request a refund of all payments made to your company before this date. Furthermore, despite sending you a formal Subject Access Request on the 05.02.09, I still have not have received the necessary documents. I would like to remind you that the 40 days for supplying information after our Subject Access Request ends on the 17.03.09. In addition, if you fail to meet your obligation under the act a report will be sent to the information commissioner and you will face investigation. Furthermore, I am sure you are now aware due to the sheer amount of these letters you receive plus the massive media attention, that every time you receive one of these letters it will be followed up by a request for a full refund of any disproportionate penalty charges and associated charges, this will give you 14 days to do so before court action. Please note if I have to take court action to reclaim these charges then I will do so. Therefore, to save yourselves some time and money, if you could just refund all these charges dating back six years immediately you will not incur the court fees or your solicitors fees and the 8% interest I am entitled to claim.As this account is now in dispute you may not demand any payment on the account, nor am I obliged to offer any payment. You may not add further interest or charges to the above account nor are you to pass this account to a third party.Lastly you may not register any information in respect of this account with a credit reference agency nor are you allowed to issue a default with regards to this account. If my request is not complied with within 14 days I will have no further option to file this matter in the courts. I expect a swift response to this matter Yours Faithfully

Would anyone have an email address for welcome head office, cattles or even Cattles MD please? They keep ignoring my letter, so i'm hoping to try other options.... Thanks

Sincerely sorry to jump in please...... Would anyone have an email address for welcome head office, cattle or even Cattles MD. They keep ignoring my letter, so i'm hoping to try other options.... Thanks