Welcome Car Finance - New Agreement - quite long

[Mummy_of_Five]

hi Post

 

Just wondering if you can help me???

 

You said you could then i wasn't around, and you dont seem to be answering my messages anymore.

 

I really do want your help if you have any advice. I want to get it sorted asap.

 

Regards

 

Lyndsey

[pwg6565]

Hi Mummy of Five. Am sure Postggj will get around to you, I know he is very busy and has not been well these last few days with food poisoning.

[Mummy_of_Five]

Hi

Still had NO help from anyone on this

Today a man from The Lewis Group has turned up. He wouldn't speak to my husband about the nature of the call (even though it is in joint names), and gave him a little card in a sealed envelope with the contact details on.

Now what should I do? Welcome never replied to anything (CCA requests and S.A.R requests) and The Lewis Group seem the same.

Any help is apprciated.

Lyndsey

[pwg6565]

Hi mummy. So just confirm please. CCA sent and no reply ? SAR sent and no reply ?

[Mummy_of_Five]

yeah I sent them a long time ago when we first found out what a horrible company Welcome are. The money we have paid seems to dissapear and nothing ever comes. We waited 2 years for a statement to come after we requested it, and as you can imagine there was a lot of things added to it in regards of capitalisation and other interests.

We sent them a letter to say the account was in dispute as they had failed to comply with the requests and that we had other issues with the account and got no reply, other than from a guy that said that the account was no passed to The Lewis Group and they would have no dealings with the account now.

Lyndsey

[pwg6565]

I think we need to get one of the more experienced on here to write you a dispute letter demanding a final response to all of your complaints to start with. Then esculate and get the F.O.S. involved. I would contact the Lewis group and explain as far as you are concerned the account is still in dispute and you will not deal with anyone else until a satisfactory final response is recieved. I am not as experienced as some on here but if CCA is not returned within 14 days and SAR 40 then account in dispute until compliance. End of.. I dont think you can ever rush Welcome mummy, they do not know the meaning of the word. Postggj, Ozzy, Beyond or Emanevs.... Can you please help with a letter !!!!!!

[Mummy_of_Five]

thanks pwg6565

If anyone can help with a letter I can send I would be greatful. I really need to try to sort this out as we need to get a bigger car.

Lyndsey

[pwg6565]

I will keep you bumped up the top until we catch someones eye for a letter !!!!!

[mark1arby]

Seems to be a bit of a strange thread, the way this as gone?

 

Needs attention of someone with brains. That`s me out for now then. lol

 

Bumped for someone else though. Intrigued to know why this keeps being left behind?

 

Cheers, MARK

[beyondhope]

I would maybe throw together a covering letter telling them what a slack bunch of t*ssers they are well not exactly those words lol and throw in there a standard in dispute letter id be more than willing to put together a letter for you if you could just do me a bullet point list of all issues you have had and what responses if any you have got

[ozzywizard]

Really sorry this has been waiting for attention for so long , ive just got back from hospital wth 2 kids (routine OP for toothe extraction ) so kinda hectic so promise to read through this full thread later and do my best. In the meentime if anyone else gets chance to help please do, Post are you about ?

[ozzywizard]

Ok had a good read of your thread and to be honest I think Post is the best one for this so hopefully it will catch his eye and if he not too busy he will jump in if not send the following letter that i have put together for you.

 

Account In Dispute

 

Ref: 12345

 

Dear Sir/Madam

 

DO NOT IGNORE THIS LETTER - LITIGATION ADVICE

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This period has expired and on xxxxxx you received a letter from myself placing the account in dispute and I now understand you have still passed the account to Lewis debt collection.

 

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

You may not add further interest or any charges to the account.

You may not pass the account to a third party.

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

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.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

It is unfortunate that I feel forced to send this letter due to the attitudes and continued missconduct from your employees that have previously visited me at the above adress and have treated my family and myself with abusive behaviour, this will not be tolerated and will be reactivly dealt with by imediete contact of the police to enforce the law.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

this is rough copy, as beyond pointed out we need bullet points of anything you wish to add also if you send use recorded delivery.

Edited March 9, 2010 by ozzywizard

[beyondhope]

the letter showed in my email notification but not here??

[ozzywizard]

it worksssssssss

Edited March 9, 2010 by ozzywizard

[beyondhope]

and again

showed in notification again

[ozzywizard]

it workssssssssss.

Edited March 9, 2010 by ozzywizard

[beyondhope]

Ok had a good read of your thread and to be honest I think Post is the best one for this so hopefully it will catch his eye and if he not too busy he will jump in if not send the following letter that i have put together for you.

 

*Account In Dispute*

 

Ref: 12345

 

Dear Sir/Madam

 

*DO NOT IGNORE THIS LETTER - LITIGATION ADVICE *

 

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This period has expired and on xxxxxx you received a letter from myself placing the account in dispute and I now understand you have still passed the account to Lewis debt collection.

 

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

You may not add further interest or any charges to the account.

You may not pass the account to a third party.

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

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.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

It is unfortunate that I feel forced to send this letter due to the attitudes and continued missconduct from your employees that have previously visited me at the above adress and have treated my family and myself with abusive behaviour, this will not be tolerated and will be reactivly dealt with by imediete contact of the police to enforce the law.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

this is rough copy, as beyond pointed out we need bullet points of anything you wish to add also if you send use recorded delivery

[beyondhope]

tried copy and pasting maybe its too long??

[beyondhope]

removal of part one of ozzys essay lol

Edited March 9, 2010 by beyondhope

[beyondhope]

removal of part two of ozzys essay

Edited March 9, 2010 by beyondhope

[beyondhope]

removal of part three of ozzys essay

Edited March 9, 2010 by beyondhope

[beyondhope]

removal of part four of ozzys essay

Edited March 9, 2010 by beyondhope

[beyondhope]

removal of the fifth and final installment of ozzys essay

Edited March 9, 2010 by beyondhope

[beyondhope]

was miles too long ozzy lolol

[mark1arby]

was miles too long ozzy lolol

 

Can`t shut either of you up now can we? Doing A Markie with those IT skills!!!

 

I think you got the message over though!!! Just reading the 8th one to see if there are any changes you should make before you finally post that!!! HA! HA! HA! LMFAO :grin::grin::grin:

 

I will sleep well tonight cheers OZZ and Beyond!!!

 

Not very constructive I know, but that is bloody funny!!!:-D:-D

 

Cheers, MARK