thanks post should I send another SAR?.....I've just printed off the 'telephone harrasment' letter to stop them from calling me....what would you recommend as my next course of action?... Thanks

thanks for replying ok, the covering letter is headed 'without prejudice'...on the default notice itself, the "date of notice is 21 september 2009", and I quote "to remedy the breach you must pay to us the total arrears of £xxxx.xx within fourteen(14) days"...

can anyone help please??

bump! really need advice on this thread, I've been sent a default notice from WF, I've 14 days to pay arrears or else.....how do I put this on hold?..1) they've charged interest on the loan acceptance fee, or their interest figures are messed up...2) they've sent me a statement with entries only up to march this year, and 3) my balance (depsite making an interim payment in June) is now over £300 more than the account balance as of march - it seems there have been hundreds of pounds of charges added since march...I've had no written correspondence with WF during this period (mar 09-sept 09) apart from the account statement and the default notice - there have been no letters specifying penalty charges added to my account... Please help!!

noticed another thing, the statement of account only goes up to March this year, and is approx £300 less than the current balance, me thinks they've been adding on considerable charges since(a list of which of course wasnt included - blatant breach of SAR )....Do I SAR them again and/or put the account in dispute...once again, I've no problem paying the loan as long as its enforcable, but if their going to play silly buggers, then so will I!

Thanks guys!.....will let you know the result of the costs hearings

another update & another result!!....They didnt even reply to the hearing summons or turn up, thus the judge struck off the case...no proof of debt supplied...now, no more debt!! now, its time to go for costs!

a quick question for the experts.... did a SAR on WF, and recieved documentation this morning...I've noticed that on the loan repayment breakdown, they've charged interest on the initial loan acceptence fee..Are they allowed to do this?? Acceptence fee was £75, the breakdown of the loan was for £3.25 of the monthly payment was towards the acceptance fee..Multiply that by the 48 monthly payments, and you £156, not £75..Can anyone clarity this for me please? Cheers

Thanks for the info guys....there was no PPI sold on the loan...I'm going to send off a CCA request anyway just to see whats what, and start making £50 payments meanwhile...Thats all I can afford at the moment, and at least its showing a willingness to pay the loan

Hi, I had a visit from a WF doorstep collector this morning demanding payment on a WF unsecured loan....I told him that will only deal with WF in writing...he was quite rude and agressive, and am wondering if there's any action that I can take against WF?......Brief history is that I took out a personal loan with WF in sept 07, it was then re-written in mar 08, I was making regular monthly payments until June this year where it fell into arrears (now 3 months)...I had a phonecall from LMB saying that I'd have to go into my local branch and get the loan re-written again to stop legal action being taken against me for non-payment..I decided against having it re-written, and was told that LMB would be back in contact shortly (3 months ago)...I've had numerous missed calls from welcome (at least 3 per day) but decided not to respond until I had something in writing from them (still havent received anything in writing)...I've got no problems in paying the loan (providing its enforcable) but cant pay the £200+ monthly payments...the most I can afford at the moment is £50, is this a reasonable offer?.....I'm going to send a CCA request of to WF in the mean time...I've scanned copies of the agreements that I've got, I would be very greatful if anyone can spare a few moments to have a look at them for me (to my untrained eye, they look enforcable) thanks! http://i645.photobucket.com/albums/uu176/ajpoolshark/welcome/1stcreditagreement-welcome.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/welcome/TCs.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/welcome/loanagreement2.jpg

Thanks for the advice KL...my neice & sister are now registered caggers and really appreciate your help I've now got the paperwork uploaded and rather than clutter this thread with lots of scanned paperwork, I'll list the links to the paperwork below... Links 1-8 = the actual contract Link 9 = the contract cancellation policy Links 10-19 correspondance between Ubrique & my sister/neice Once again, many thanks for all advice so far! http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0001.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0002.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0003.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0004.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0005.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0007.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0008.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0009.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0021.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0010.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0050.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0012.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0013.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0014.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0015.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0016.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0017.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0018.jpg http://i645.photobucket.com/albums/uu176/ajpoolshark/sammy/scan0019.jpg

Hi sammyes, I've got all the paperwork you e-mailed me, just taking an age to upload onto photobucket!

I hope I've got it the right way around...lol....I'm doing the same with vanquis atm...CCA request done, T&C's sent by Vanquis as way of reply, and now I've slapped in the 'account in dispute' letter, then once they cave in, I'm giving them one chance to refund £400+ of charges to me directly otherwise they're mine in court!

just a quick thought....would it be better to do it the other way around?....reason being if they do refund charges then they'll deduct it from your outstanding balance then if you prove that the CCA is unenforcable you wont 'see' any benefit of having the charges refunded.....if you CCA request first and the loan is unenforcable, and then claim charges then wont Welcome have to refund charges directly to you?....by claiming a refund of charges I wouldnt think your admitting liability of the debt, so I wouldnt think that would be a worry would it?

update: great news!...The CCJ has been set aside!...Robinson Way/Horwich Farrely didnt even turn up in court, which really peed the judge off!...she's ordered them to pay costs, and a new hearing has been set for 4 weeks time re. them trying to prove to the judge that a non-existent credit agreement actually exists!

thanks for your replies ...I'll upload the docs today, there an awful lot of pages to upload though, so please bear with me!

bump on this, as advice needed and deadline for defense submittion is fast approaching

yes they knew.....I'll check the letter templates & relevant thread for info on reclaiming PPI...I also have to send the unfair penalty charges letter as well...thanks for the advice

Thanks for your post My sister & neice have already spoke to the local CAB and National Debt Line, but both organizations couldnt offer any other help apart from phoning the creditor offering a payment plan...two questions though, now the CCJ has been registered, can the CCJ be stopped by offering the creditor a payment plan before it goes to court, or will the CCJ now be permanantly on their credit file until its satisfied?....and secondly would it be realistic or possible for a judge to cancel the CCJ on the grounds of my neice's financial hardship at the time of the original agreement being signed?.....One key bit of imformation I forgot to post yesterday is that on the agreement, it does state that the agreement cannot be cancelled within 90 days of the 'move-in' date, however the agreement was sent to my neice only 3 weeks before she was due to move in...would this make the contract invalid?? thanks in advance

hmm, interesting, I've sent Vanquis the 'account in dispute' letter recorded delivery, they've recieved it, but today recieved a 'Final Demand-Pre Impact Collections' threat-o-gram, thus blatantly ignoring the fact that this account is in dispute...should I continue to not pay them and report them them to OFT?...They still havent provided an enforcable CCA

quick bump on this one

Hi, I'm not sure where to post this, but I'm posting on behalf on my sister, my neice was offered a place at Huddersfield Uni back in 2008, and signed a student accomodation license agreement with 'ubrique investments ltd' for her accomadation and my sister and brother-in-law co-signed the agreement as guarantors on the 28/8/08...the agreement stated that she had a 7 day cancellation period starting from the date of agreement. Unfortunatley due to financial hardship, my neice was unable to take up her placement offer at University and wrote on 18/9/08 to Ubrique wishing to cancel due to financial hardship....however, Ubrique declined, and have been hounding my niece and sister ever since for payment, they've now added several hundred pounds of charges on top, and have started CCJ proceedings against my niece and sister (they've both recieved CCJ letters fom northampton bulk clearing centre last week, they've acknowledged receipt on line).....Does my sister and neice have a case to defend or will they lose any defended case?....My neice was offered grants from the local council for the accomodation costs, but as she never took up the placement offer, or moved into her accomdation, she did not take up the grant offers....Can anyone please help or advise?....My sister is desperatley worried about this as she & her husband are a low income family and can in no way pay the several thousands of pounds back or pay for legal assistance to defend the case....Please help, many thanks! If anyone can help, then I've got all the signed agreements and subsequent correspondance on my computer and can upload (its a lot of letters though!)

Thanks for your help BW, I'll get it all started over the weekend

in addition, I've been paying the 'accident sickness & redundancy' premium every month on this since 2005, as I've always been self-employed, it seems pointless having this cover, so 1) I'll cancel it with immediate effect' and 2) any reasonable chances of having this premium refunded??

Its the standard 3% of the total balance monthly payment...unfortunatley the 3% minimum payment isnt enough to drop the balance below the credit limit thanks to their charges, so they just add another 'credit limit exceeded' charge each month....I've tailored a template 'refund charges' letter from the CAG archives, and will send it recorded tomorrow morning + your excellent 'account in dispute' letter.....many thanks!