Hi Rickyd, thankyou so much for replying, that is very helpful! Firstly I had read about so much of the act being retrospective so could apply it to an existing loan but I had no idea the 2006 act did not come into force until the end of 2008. I know there are others with different loan providers that have been receiving annual statements for about 2 years now, I guess thats why I assumed I should be getting one also. I am shocked at the 2 year gap between the act being passed and coming into effect....call me cynical but not surprising that they pass an act 2 years ago supposed to help us yet the help only started 6 months ago! Thanks for the help, much appreciated

Thanks for that. i am thinking that as point one of my OH's case aginst them is to force them to remove any interest charged for the whole time they have not supplied an annual statement (that is ever lol) and we can then work with that amended figure for the rest (refund PPI, DPA breach charges etc) Will be doing this with RBS also methinks. Thing is, with a normal high st loan it works out only a few hundred in interest to be refunded but with WELCOME interest rates???!!! Thats a much bigger fish I think it would be too easy for **** companies to just make false entries saying statements were sent so a full SAR first, and if they are not there (or you have not already received) then you could take this route. Have asked for opinions on this in the Legalities section too.

Hi all Am fighting with RBS over an unsecured personal loan taken out in December 2005 and am looking for clarification on one of the 2006 amendments to the CCA 1974. Section 77a states: Statements to be provided in relation to fixed-sum credit agreements After section 77 of the 1974 Act insert— “77A Statements to be provided in relation to fixed-sum credit agreements (1) The creditor under a regulated agreement for fixed-sum credit— (a) shall, within the period of one year beginning with the day after the day on which the agreement is made, give the debtor a statement under this section; and (b) after the giving of that statement, shall give the debtor further statements under this section at intervals of not more than one year. So, from when this amendment came into effect there should have been an annual statement provided for the loan, yes? Then it states: Where this subsection applies in relation to a failure to give a statement under this section to the debtor— (a) the creditor shall not be entitled to enforce the agreement during the period of non-compliance; (b) the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and © the debtor shall have no liability to pay any default sum which (apart from this paragraph)— (i) would have become payable during the period of non-compliance; or (ii) would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period). I read this as a clear statement that the debtor has no liability to pay an interest calculated for the period no statements are provided (period of non compliance). Not, no liability until the statements are provided or only liable after compliance etc...in other words, the cannot charge interest for the period of non compliance, full stop. Not that they can deduct it then just add it back on after sending the missing statements..... Can anyone offer an opinion on this? Am I able then to tell RBS to cancel/refund any interest charged during the period of non compliance, as this will be my next step And is there anyone out there that does receive an annual statement for their loan? Any advice appreciated!

Morning all, flying visit! Andie, can you describe what was included in the annual statement that Welcome sent you? (and anyone else that received one please) Did it list payments, interest and dates etc? Would be so helpful, thanks!

Sorry, that was a long mo! Template to send: Formal Complaint Dear Sir/Madam, With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a compliant credit agreement is a very clear dispute and as such the following applies. * may not demand any payment on the account, nor am I obliged to offer any payment to you. * may not add further interest or any charges to the account. * may not pass the account to a third party. * may not register any information in respect of the account with any credit reference agency. * may not issue a default notice related to the account. Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. I would appreciate your due diligence in this matter. I await your rapid response. You should also add in that you are reporting the recent behaviour of the collections agent (of which you have witnesses) to Trading Standards, the OFT and if attempted again, the police. Welcome now have 8 weeks from to resolve your complaint or you will refer it to the Financial Ombudsman for full investigation. Anyone add nything else, lets kick them right back into touch

Forgot to ask if you put in any of your letters that you wanted to lodge a complaint and asked for their complaints procedure?

Hi Rik NP is right (and I agree with his other comments also ) about the account now being in dispute. You need to send a CCA non compliance letter, will get you one in a mo, and make reference to their latest threat in it. State in it clearly that THEY are in breach of your legal request for your agreement, the account is in dispute etc and they may NOT enforce the agreement. Should they make any further attempts at collection, or threats they are aware they cannot carry out, you will report them blah blah. You need to lodge a formal complaint if you haven't already about everything and start that clock ticking.

Hi all, sorry, too much going on cannot get on much for a few days but you know how it is...I just cannot help peeking in lol I am drawing up one more letter to Welcome in reply to their latest joke response to my complaint. It great, they say "regarding my complaint about their breach of the data protection act, as this was 'so long ago' (3 years lol) they cannot find any evidence of this" Oh really? Then how n the hell did my partner at the time find out I had a loan with them, be able to settle my loan, know the financial details and my account number appear on his agreement? All because his address was the same as mine, they asked him who I (Miss Dipply) was to him and he said 'girlfriend'. On the strength of that they told him I had a loan (yes, my own private business thankyou), how much I borrowed, that I had no arrears and how much to settle and forced him to settle it. It is this I really want to sting them for in court as its not for the FOS and the ICO is about as forceful as a grumpy gummy bear but don't know where to start. I will update my (now very old) thread in a few days and would appreciate any advice! Will be able to get back on track and start helping out again, sorry

Ha, thankyou traz....got a niggle in my head and want to investigate, will be back

Just popping Dori and , report, complaint, kick up allmighty hell to the entire world! Embarrassing, unprofessional and pathetic, enjoy giving them a kicking

Anyone know anyone that received or receives an annual statement for their personal loans from Welscum?

Congratulations Micko, am a court virgin but will be going in soon and your info gives hope and confidence. Good luck! Subbing as I have a growing interest in this.

Thank you so much for that, letter done and going special delivery on Monday as they say she only has 7 days to get the appeal to them from the date on the letter (14th) Do you thinkshe should put lots of info on the reasons she si appealing or just keep it simple and save it for the hearing? (not want to give them time to prepare/coverup?)

Hi all Appreciate some urgent help, my sister was dismissed and wants to appeal. I think it is a clear case of unfair dismissal and right now really need a good letter to send to appeal the dismissal first of all. She really cannot work for that company again (they are a joke) and just wants her name cleared so she hasn't been 'sacked' to future employers, and the few weeks loss of earnings. She was in retail on a shop floor, not long promoted to supervisor and put forward for management. about 8 months ago she was stock taking with one other girl and the prev staff had left a nightmare job to do....during the stock take they both each wrote on the top of the notes they were taking (which are only for counting up, they are scraps that go in the bin after) one single swear word each about the state of the job left to them (my sister even put little ** so it was more polite!) Turns out the figures could not be phoned that one day and they were faxed instead, faxing those comments. Upshot is, a disciplinary was called and from an spotless employment record they gave her 'level 3' notice - which was explained as the most serious and if the same behaviour happened again it could lead to dismissal. She asked about appealing and her District Manager told her there was no point, it shouldn't cause her problems unless she did them same kind of thing again. She didn't appeal. Oh, also want to point out the same manager that encouraged her not to appeal told her she was being sacked until she 'fought tooth & nail for her, she should be grateful thats all she got'!!! OK, 8 months later....another employee is caught breaking one of their basic security procedures by leaving the shutter partly open whilst closing up and also staff going under it like this (they demand you raise and drop it fully every time. All the staff are asked if they have done this and they all say yes, and disciplinarys begin. Thing is, there used to be 2 cashing up and closing until the compnay cut hours and staff and reduced this to 1 person....alone in that store at night cashing up. Company demands the shutter is closed fully, they were leaving it partly open. My concern is now that to lock yourself in a shop on your own at night, with no way of anyone checking on you, knowing if you are ok, if you got hurt you wouldn't be founf until morning etc - breaches your basic health & safety rights. I should add the store is in a huge shopping complex with security guards etc, not on the street! Sorry for the big long story! Turns out now the 'level 3' notice given before was actually a final written warning and they have found her guilty of misconduct and dismissed her now. She is the only one to be dismissed and her own Asst Manager was only given a letter of concern and probation for the same thing!!! Help!!!

Mojo, nice one You have no idea just how helpful you have just been Thanks!

I DO hope they have PPI and insurances to cover them.....LMFAO:lol:

Hi Animal Lover, sorry, everything going nuts just now! You have case for removing them is fine, it just means a bit of a fight *sigh*. I would go straight to the Information commissioner and omplain that Welcome are purposefully recording innacurate data, as now proven by the FOS and that the CRA's are allowing this. I think the more complaints hitting the ICO about the CRA's, wether or not you get anything actually done, the less they can ignore the issue It aint over yet is it! Hope you are keeping better, hows the work problem going?

Yes, that made me look twice also....cannot find much else on them...yet! Also found this little snippet. Tut Tut Barclays, exposing your customers to these sharks will prove not a very good PR move. At the beginning of 2003, Cattles took a new step into the near-prime market with a hookup with Barclays Bank. Under the agreement, Barclays brought in Cattles to provide processing, administration, and monitoring services for Barclays' own loans to near-prime customers.

Morning all, Andie will be busy today....Post going into court today, I will on edge all day! Morning Brassed-off, if you can spot if there are differences that would be great, mine is an Issue 4 07/05 - 2005 version as signed in Jan 06. Morning Mojo, a lie in....I remember those, I remember how good they were . Glad to see you back Stewie! Its a bit of a mindmesserupper and I think a lot of it just pays lip service but there are a few gems. Lets see what today brings

POstggj, another area to dig is the Finance & Leasing Association, that Welcome are apparently a member of, that welcome apparently have to pass regular audits on their insurance activities/selling/compliance to stay a member..... I wrote this letter to them some time ago and never got a reply lol. One more thing I have to get back on top of! 14 November 2008 Welcome Finance Compliance Services Mere Way Ruddington Nottingham NG11 6NZ Dear Sir/Madam I understand Welcome Finance is a member of the Finance and Leasing Association and you subscribe to their codes of practice which states: 3.2 Before you take out payment protection insurance, or at the time you take it out, we will give you the following information to help you to decide if the policy is suitable for you. ◗ The name of the insurer. ◗ A summary of cover, which will explain what the product is, the cost, and the key benefits, exclusions and eligibility criteria (conditions). ◗ The term of your insurance cover. ◗ Any qualifying periods or excess payments or periods needed before you can make a claim. ◗ How to make a claim and who to contact if you make a claim that is disputed. ◗ If and when you may cancel your insurance policy, and what action you need to take to do this. This information will help to explain if the policy is suitable for you if you are self-employed, on contract or part-time work, or if you have a medical condition that you had been diagnosed with before you took out this insurance. Documentation 3.3 Once you have taken out insurance, we will give you a copy of your policy or certificate of insurance within 21 days, with a contact phone number for any questions you may have. Regarding the PPI policy you have advised you opened in my name for loan agreement number XXXXXXX, there are a number of details which I have yet to be advised of, despite requesting this information several times. I would therefore be grateful if you could answer the following questions, with obvious regard to your membership listed above: The name of the Insurance company the policy is held with The total amount payable for my policy (premium + interest) How much of my Insurance Premium was paid directly to the Insurer (exact figure) How much was paid in Insurance Premium Tax Did Welcome pay this tax or the Insurer As a member of the Finance and Leasing Assoc - who is your Code Compliance Officer When was you last annual statement of compliance submitted to the FLA Should you be unable to provide answers to these basic questions, please confirm this in writing with your reasons. I look forward to your earliest response, Would LOVE to see the contents of one of their audits! Probably the same crap they have been showing the FSA etc, certainly woudn't be what we've all been hit with over the years

HA! Found the dam plug! Right, Intitial Disclosure Document that they sent out weeks after signing: http://i303.photobucket.com/albums/nn122/Dipply75/WelcomeFSAInitialDisclosure.jpg Demands and Needs: http://i303.photobucket.com/albums/nn122/Dipply75/DemandsNNeeds.jpg

Nerd nothing, the pen is mightier and all that! On the side, if you have a link or anything for those statement regs I could be doing with that against rbs right about now Andie, I may have success with the scanner...

While I am at it, one of the basic points the FSA has crackd up about is the customer not bing told they can 'shop around' for PPI. If Welcome had actually listed NU as the insurer on th documentation, like their initial disclosre document states they will, you would concievably then have been abl to approach NU direct for a quote. Wonder how much the price difference would have been

There we are Mojo: Statement of demands and needs ICOBS 5.2.2 06/01/2008 (1) Prior to the conclusion of a contract, a firm must specify, in particular on the basis of information provided by the customer, the demands and the needs of that customer as well as the underlying reasons for any advice given to the customer on that policy. (2) The details must be modulated according to the complexity of the policy proposed. This details a demands & needs statement relevant to that individual customer, dtailing their actal demands & needs and their reasons for the advice given to THAT customer - not a generic 'one fits all' statement just describing the products and asking you to sign the bottom.

Will do Mojo! Post, read this, keeping in mind they claim you do not pay a fee for their service, and thy mention no commission: ICOBS 4.3 Fee disclosure ICOBS 4.3.1 06/01/2008 (1) A firm must provide its customer with details of the amount of any fees other than premium monies for an insurance mediation activity. (2) The details must be given before the customer incurs liability to pay the fee, or before conclusion of the contract, whichever is earlier. (3) To the extent that an actual fee cannot be given, a firm must give the basis for calculation. ICOBS 4.3.2 06/01/2008 The fee disclosure requirement extends to all such fees that may be charged during the life of a policy. Their definition of Fee is: any payment or remuneration offered or made by a client to a firm in connection with designated investment business or with any other business of the firm, including (where applicable) any mark-up or mark-down.