Welcome Car Finance - New Agreement - quite long

[beyondhope]

Here he goes again look that northern monkey taking the p*ss

 

Got it on there tho didnt I Never underestimate the determination

[ozzywizard]

hahahaha omg, im laughing so much on this one. . . too funny . . yeah we look like a pair of Marks lollllllll

 

Ok Beyond we need to go edit all our posts out so Mummy dsont have heart attack lollllllll.

[beyondhope]

But I got it on there pmsl not my fault you made it about 20 posts too long off to edit whilst chuckling lolol

[ozzywizard]

it isnt too longgggggggggggg . . . honestly i dont longer before and it worked. it is webmasters fault. . . lol.

[beyondhope]

hahahaha well it would only let me post using quick reply when it was shortened.....

[mark1arby]

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.

 

It is my belief that this has changed since the Manchester Test Cases!

 

Read this very carefully… especially the end part:

If McGuffick is rightly decided, the effect of the unenforceability provision is as follows: the contractual liability of the debtor to pay any sums due or falling due by reason of his use of his credit card remains. It is not the case that the creditor’s rights to payment were never acquired or that they were extinguished. The result is that if the debtor stops paying during the s78 breach period, interest will accrue. And if and when the s78 breach is cured, the creditor may sue him and recover all outstanding amounts. Moreover, during the breach period the creditor can still report the debtor to credit reference agencies (“CRAs”) without the need to tell them that the agreement is currently unenforceable.

 

And if and when the s78 breach is cured, the creditor may sue him and recover all outstanding amounts. Moreover, during the breach period the creditor can still report the debtor to credit reference agencies (“CRAs”) without the need to tell them that the agreement is currently unenforceable. It can demand payment from the debtor or instruct a third party to do so and can issue a default notice. None of that constitutes “enforcement”. The only restriction on the creditor is that he cannot, after starting proceedings, obtain a judgment which enforces the agreement. So he cannot obtain a judgment sum, a charging order to enforce that judgment or make the debtor bankrupt.

 

It was for a s78 Running Credit Account this was stated. May be I am Interpreting incorrectly exactly what is being said, but I think it will also cover s77 Fixed Loan Agreements and s79 Hire Purchase Agreements. And if I have read correctly, then the **** can Now Do All of the Things Above. Which it seems they are already doing from what I have found on My CRA files this Month, and from what others have been reporting on their Threads, has to what the **** have started doing out of the blue.

 

This has to be relevent to the above or they wouldn`t be doing it to Disputed Agreements.

 

They can now do these things but can not actually Enforce anything Until Court.

 

Cheers, MARK

 

PS I Hope I`m Wrong?

[beyondhope]

I thought I read that somewhere too but couldnt remember where etc abit of a b*tch they can hold off til remedied then go for the action straight away isnt it

[mark1arby]

But I got it on there pmsl not my fault you made it about 20 posts too long off to edit whilst chuckling lolol

 

Don`t edit any of it!!! LOL It`s just a little light relief for the Troops!!! PMSL:p

 

Night! Night!

 

Cheers, MARK

[ozzywizard]

Shame on you Beyond, didnt you know that lollll. . . Only joking, your right Mark but thats the standard account in dispute letter. I guess I or somone who knows more than me needs to edit that and apply the new leglislation to the account in dispute letter. . . will check all the validity on it and revamp and get back to yas. . . its gonna be quite the homework . cheers Mark lollll.

[pwg6565]

Cracking stuff you lot. I am sure mummy will be delighted.

[mark1arby]

Shame on you Beyond, didnt you know that lollll. . . Only joking, your right Mark but thats the standard account in dispute letter. I guess I or somone who knows more than me needs to edit that and apply the new leglislation to the account in dispute letter. . . will check all the validity on it and revamp and get back to yas. . . its gonna be quite the homework . cheers Mark lollll.

 

I agree entirely OZZY, someone needs to revamp that and other responses in the templates need to be looked at.

 

If indeed these **** companies can now do all these things, it changes a Lot of things for some Caggers.

 

The thread is really worth a good read if people have the time. The way the `Big Guns` who are discussing what happened in Manchester is awesome and very very informative on a lot more relevent stuff.

 

It`s easy enough to find, but I have Hopefully managed to repeat my amazing feat, and I have given the link correctly here. lol ( my chances of a successful repeat are.......?).

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html#post2672995

Phew!!!;-)

 

Cheers, MARK

[ozzywizard]

Cheers Mark, yadaaa it worked for ya !!! . . lol for now we will have to use what we have as it wont actually cause any negative results but I will read through all that and make it my mission to get some standard templates ammended if needed. may take a few weeks though lol.

[Mummy_of_Five]

OMG I am very confused by the info in the letter lol I have not got much knowledge of this stuff lol.

Thanks for the letter. I will have to try to dig out the dates of the letters for the CCA and the S.A.R and the postal reciepts but I dont think I still have them. I think I may have thrown them away when I realised that Welcome was only ignoring me.

Should I just copy and paste the letter and post it off to Welcome and send a letter to The Lewis Group to tell them not to contact me, especially by getting someone just turning up on my doorstep?

Thanks for your help guys.

Lyndsey

[pwg6565]

Hi Lyndsey. You got a great response last night as I thought you would. I would print the letter and post. If you do not have dates dont put them in the letter as guessing is no good. Welcome will have knowledge of these requests they just have not bothered. I think the main thing is at this stage is to get the ball rolling now and get the letter sent by recorded delivery to both Lewis and Welcome. Let them know you mean business and that you are not going away until this is sorted.

[Mummy_of_Five]

Thanks.

I'll get them done today and have them posted off this afternoon.

I'll keep you updated on the progress and the problems I have with them. Hopefully you guys can help me along with the Welcome problems I'm going to encounter.

Thanks again.

Lyndsey

[mark1arby]

We are with you every step of the way Lyndsey!

 

Just keep us in the Picture!!!

 

Chers, MARK

[ozzywizard]

Agreed Mark, us boys are watching ya back .

 

Ok just for clarification as a lot of posts on here (if you have allready printed out then dont worry)

this is a slightly ammended letter taking into account hyou do not have the dates and also Marks comments on the manc test case. send to :

 

WELCOME FINANCIAL SERVICE

COMPLIANCE

RUDDINGTON FIELD BUSINESS PARK

RUDDINGTON

NOTTINGHAM

NG11 6NZ

print your name (not sign) (RECORDED DELIVERY)

 

 

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.

 

As per your records I have previously written to you requesting a copy of my credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79) wth the enclosed one pound fee.

 

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 enforce this account under the Consumer Credit Act 1974.

 

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.

 

This period has expired putting my account in dispute, as you are aware this loan can not now be enforced, and I now understand you have still passed the account to Lewis debt collection who are proceeding without this knowledge. Based on this letter I request you take the account back from them and deal accordingly.

 

Consequentially any legal action you or Lewis debt collection services on your behalf 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.

 

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.

 

The lack of a credit agreement is a very clear dispute and as such you do not have any rights to enforce an agreement you cannot produce in a court of law.

You may not pass the account to a third party untill resolved.

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

 

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

[Mummy_of_Five]

Thanks. New Letter printed and i'm off to the post office now.

Will keep you all updated on when both Welcome and The Lewis Group have had them delivered and if i get any replies reom them.

Lyndsey

[beyondhope]

Best of luck Lyndsey

[wfspayback]

Try this email address:

 

[email protected]

 

Cattles | Our board

 

Remember who own Welcome

Edited March 12, 2010 by wfspayback

[Mummy_of_Five]

hiya guys

 

just letting you all know, i still haven't heard from Welcome or Lewis regarding the letters i sent. not to sure on what to do, should i just leave it?

 

Lyndsey