New WELCOME Mug!

[ozric]

Hi all,

Another newby eh.!

Can anyone give me a bit of advice.?

I have 2 loans with Welcome Finance, one for car finance, and one for personal loan.

 

Owing to a mountain of bank charges in june 07 the car finance DD was not made.For this i obviously acquired more charges to my Welcome car finance.

(The personal loan DD is DD'd 2 days earlier and paid with no problems)

 

Since june i have missed 5 payments.

 

In order to clarify my outstanding debt i requested a SAR,..

As

1) I had been visited twice in the evening by their 'Boys' and was told by them that a ten pound payment to them in person would be payable for the home visit.?! and i wanted to see if this had been deducted from my account.

2) I am telephoned 2,3,4,8 times a day some days by Welcome on what i have told them is my work phone number and as such cannot take personal calls during work hours,potentially loosing my job,so i do not take their calls, and i wanted to see if Welcome were charging me for unanswered telephone calls.

3) I wanted to see if i had been sold a PPI without knowing on both loans.

 

I used a template for the Data Protection Act 1998, S.A.R request form from this forum and sent a cheque for ten pounds to cover the cost and sent it recorded delivery.

HEY presto the telephone calls stopped.!...thank god.Bloody vultures.

 

2 days later i received an office printout (on headed paper,! so i couldn't make out the first 5 sets of figures on the second page, morons!) of the payments, balance etc for the 2 loans.

No accompanying letter, no mention of when they were going to send me ALL the information they hold about me, no no thing.!

 

A quick look through the payments , and , oh,...no payment of ten pounds for the home visits,..glad i kept the receipt.!

And as for all the calls they keep making and i turn my phone off, they've been charging me ten pounds a go for that too,..90 pounds in December, 70 pounds in November, 50 pounds in October.

Strangely August doesn't appear anywhere in one loan printout and on another, despite DD's being made on the first of the month i have incurred a 'fee' of 100 pounds on the second of the month...Bizzare!

And,...to top it all they have taken the cheque for 10 pounds for the SAR and deducted it from my balance of one of my loans...BIZZARE -BIZZARE.

 

 

 

Rather than asking them to explain their actions re the above, i have decided to go straight for a CCA request just to see if i get a response.

I understand they have 40 days to respond to a SAR and 14 days for a CCA.

Is this correct?

Also,and these may seem silly questions,..but..

 

..if a loan is granted ONLY on the condition of including a PPI, as mine were, and this is deemed mis-selling, does that not mean the loan was mis-sold,..is the loan legal.?..am i obliged to repay it?

Does collecting money at my home and not deducting it from my balance, indeed ,not passing it through their accounting system at all by the looks of it,constitute a fraud, or deception, or something.?

Is it legal for them to charge me for calls i did not receive due to my phone being turned off?

Is it acceptable for them to ring me, as i said, 2,3 sometimes 8 times in a day when i have told them i cannot take personal calls?

 

Any help gratefully received.!.....

 

oz

[Goldlady]

Hi Oz, and welcome to CAG.

 

I would have thought that the agreement(s) would have come with the S.A.R - (Subject Access Request) information - they have with the ones I have had.

 

Do you still have the car that the loan is subject to? Is it HP or are both loans personal loans?

 

I think you have many issues that a judge would frown upon - charging for phone calls is beyond belief. And you should be able to reclaim the PPI - the criteria for mis-selling covers most people's situations. The deadline for a CCA request is 12 working days followed by a further 30 calendar days (I think it's that way round) after which they are in default. If they manage to find the agreement after that they can continue enforcement - otherwise not. I would suspect if they haven't reached you already there is a strong possibility they do not exist - I do hope so.

 

I suggest you wait for the outcome of the CCA requests before you take further action. After all if the agreements are unenforceable, or even non-existent, then you are in a very strong position.

[ozric]

Thanks for the reply,..

I must admit, i was expecting a package not an envelope, with everything they hold about me,..telephone calls included,..but,..not the case.

 

Yes, the car is on finance..this i am in default by a few months payments.

My other loan is a personal loan and is up to date with payments.

 

My intention was to wait the 40 days, and if they do not send me the information, to stop all payments stating that -no contract, no debt.

But,...as they haven't sent me a copy of the contract i thought i'd go for the CCA option which is , as you say, 12 days.

Assuming they are unable to produce a contract/agreement within 12 days, i intend to stop ALL payments to them.

I then intend to wait the 40 days for the SAR to expire and then see about reclaiming ALL moneys paid to them.

I too have buried my head in the sand for far too long, at one point last summer just avoiding a nervous breakdown due to mounting debts.

Now i'm back to my old self....and BOY am i pi'''d off.

[Goldlady]

The reason I asked about the car was if it is on HP there are different conditions whereby if you have paid more than 50% (I think) they can't take the car back.

 

The SAR I sent for my friend recently produced a package - tapes and all sorts - and someone else's data too:eek:

[ozric]

Ah sorry, misunderstood,..

I'm not quite sure what the score is with HP,..it looks, and i realy dont know if it is, but it looks like they have paid the vendor and now i owe Welcome...how stupid do i sound...i know sod all.lol.I think it was a car loan as opposed to a hp agreement..does that make sense?

I have not paid off 50% though...

[Goldlady]

I suppose you will have to wait until they send you a copy of the agreement. I don't know enough about Welcome Finance as to whether they do HP or not. I have had a quick look at their website and they call it 'welcome car finance'.

 

My concern is that if you have not paid the car loan for a while they can repossess your car. Hopefully someone else who knows more than me will come along. I think there is a thread on here specifically dedicated to Welcome - might be worth getting your post moved there if no-one else happens along.

[ozric]

Thanks,

I dont know how to move posts.!

I have a company car now, so loosing a car i dont use is no great loss, but the lack of documents in their reply to my SAR got me thinking...I do hear what you are saying though, about reposession, it would take the hubble telescope to find it mind you as when i sent the SAR i 'parked it out of the way' ,..just in case!

[Goldlady]

We would need to get a moderator to sort the moving of the post.

 

I have done that with a car before:D In fact I drove one away while OH kept bailiffs chatting once and when they went to take a note of the registration it had mysteriously disappeared!!!!!!!!

[ozric]

lol,

i HAD considered parking the car in their car park and dropping the keys through the door,....but what the hell,...no agreement-no debt...we'll see