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    • Hi all,        I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. So would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue?   Anyway, if it's more helpful, I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, so put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
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Car Repossession by Welcome


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just a rough draft, please step in to eddit/improve

short and to the point

 

send by special delievery as have a habit of getting lost with welcome

With Regards to point 4 on the letter there is an error which i would correct

 

It states " Consumer Credit Act 1975" it is not correct, it is infact 1974

also if you are going to send an SAR, ask for a copy of the underwriting sheet in this too,

 

m,any people are not aware but the underwriting sheet will show any commissions which arent disclosed which then give rise to a claim

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hi just posting to let you know that this morning i received 2 letters from Welcome Finance, 1 is confirming the SAR request and that they are arranging to send out the information requested and 2ndly a letter from the compliance dept saying they have forwarded my complaint to my local office and that the Branch Manager will be in touch with me soon to discuss the matter, inside this letter was a booklet titled 'your complaint to the ombudsman'. ........any advice re this would be appreciated. thanks

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Hi Kevin and Claire, Its kind of nice to know that others are in the same position ( although its not nice) I have done loads of reading on Welcome on the net since last week and am amazed and the never ending complaints against them, i dont know how they have been allowed to get away with this for so long. However i highly recommend this site its been a godsend to me, i'm sure you'll get all the advice u need here.

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hi caz thanks.

i sent post a private mail because im new to the site and wasnt sure

about posting on a new thread espeially after yours.

so i will await his response and see where we stand but a defo will not rest till some compensation is had from this joke of a company.

but its reasurring to know we are not alone.

keep in touch,i will defo keep and eye on this thread.

thanks again.

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hi caz 1967

 

so they sent it back to the local office did they.

typical passing the buck

as a rule there is not a lot they can do

send the local office (recorded} a letter saying you want the complaint rectified in fourteen days or an n1 will be issued in the county court

welcome compliance have allready had the letter before action

 

dont let them fobb you off

 

typical welcome

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Yes back to local office. i dont see how much good this will do as b4 i sent the letters to the compliance dept and b4 i found this site i had already written to the local office and sent by recorded delivery, voicing my concern about the action they took and asking them to send me a copy of the default notice and the court papers..they would have received that letter last friday and i asked them to reply by return of post, which they haven't. i forgot to mention that along with the letter today which had the booklet for complaining to the ombudsman, there was also an letter outlining Welcomes complaints procedure and saying where possible all complaints will be dealt with by the local office and within 8 weeks............my next question is.....do i wait 8 weeks or do as u said and send the letter to local office giving 14 days...as u already said notice b4 action as been sent. i dont really want to have to wait 8 weeks b4 i take my next step.

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hi

 

I received all SAR information today from Welcome. And guess what no Default notice nor court order in with it. They enclosed the original agreement which states

 

Repossession: your rights If your fail to keep your side of the agreement, but you have paid at least a third of the total amount payable under the agreement: that is £3832.37 we may not take back the goods against your wishes unless we get a court order. If we take them without your consent or without a court order you have the right to get back all the money you have paid under the agreement.

 

They have sent my whole payment history which confirms that I paid £7755.85 under the agreement.

 

There are notes compiled from them of all contact i have had with them since the agreement began, but notes saying any default notice or court action. There is a copy of a letter which they claim was sent 6th march titled:

 

Request under section 80 of the consumer credit act, without prejudice, basically asking me to confirm where the vehicle was located. i did not receive this letter in the notes 1st they said this was delivered by hand then a further note says it was posted out.

 

However there is no copy of any default notice nor any notes referring to court action nor any notice referring to a default notice being issued.

 

I havent heard anything as of yet from the local office where the compliance dept have referred my complaint to. In my opinion having seen all this information now i feel they have no other option than to pay back all the money i have paid under the agreement.

 

do you think i should sent the local office a letter requesting that they settle in full within 14 days or i shall issue a claim in the county court. do you also think i should ask them to reimburse me £483 that i have had to pay to hire a car for 28 days while i get this sorted out?

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you are now in the same position i was in

i had to take them to court to settle

i know a few people on the forum who have won after me

welcome may be a bit more accomodating now

send a final response letter to there compliance dept (letter before action)

state your concearns about the ilegal repo

no default notice etc

say you want this rectified with in fourteen days or an n1 will be issued with out further notice

in your letter state that this matter is not to be transfered to your local office as it is now subject to litigation.

 

welcome have &^%^&) up big time on this one

 

before the n1 you need there final response

if not go to n1

 

with regards the n1 pt will prob drop in but wait to see if you get a response

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  • 2 weeks later...

update....had telephone call from Welcome compliance dept today...basically asking me to confirm all that had happened....explained all events and about letters back forward, explained i had requested SAR and had in my possession all information and that no default notice or court papers had been issued. He asked what my next course of action would be and i said if i had no settlement this week then i would be filing N1 in county court.

 

He said wait one moment while i look at the account and the notes.....there was a long silence and he then said OH!!!

 

He then said he needed to contact my local branch tomorrow and find out why the action to reposess the car was taken and then he would need to speak to his manager and that he would contact me again tomorrow.

 

watch this space!!!!!!!!!

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He then said he needed to contact my local branch tomorrow and find out why the action to reposess the car was taken and then he would need to speak to his manager and that he would contact me again tomorrow.

 

watch this space!!!!!!!!!

 

It wouldn't surprise me if you drove to the office and waited, you would see your car being driven by one of their employees. Purchased at a very cheap rate for a minor maount to be paid into your HP account

 

When he rings back you demand to know exactly where your car is and who is driving it, you are still in possession of the log book and legaly it is still your property.

 

These cars are repoed when an employee fancies the model or has a buyer at hand with a nice bunch of £50's for the finders fee.

 

Welcome has to many cowboys running their own show in the Local branches and the branch managers are in the same category.

 

Local Branch won't co-operate with you at all you have to go higher, and its about time higher took notice of whats relay going on in their branches.

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hi caz

make sure you let us know what welcome proposes

they are very crafty

unless you have settlment to your satisfaction, tell them you will think about it and get back to us

 

thing are moving now

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received letter today from Welcome, thanking me for my continued patience and notifying that my complaint has now been escalated to a senior manager, also apologising for any inconvenience whilst the complaint is being investigated.

 

The 14 days notice before i said i would file in the county court is up on monday coming, do you think i should go ahead a file the N1 if i have no outcome by then or wait??

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I think you should write an say that do they realise you were be taking action on Monday Morning but bearing in mind that their letter you are prepared to give thm a little more time to 4.00pm on Wedneday, being reasonable always looks good in court and what is two days

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EXACTLY WHAT I WOULD DO BONA

they have had enough time

as to my previouse post

you have welcome by the short and curlys, they are deep in bovine excrament and they know it.

what ever they propose say you will consider it and come back to your thread, dont let them off the hook

they have allready received your letter before action

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IMHO - i think there just stalling, hoping that you will not carry out your threat. Bona is right in offering them an extra few days as this will look good if it gets to court, as it shows the judge you have attempted all avenues b4 progressing to court.

Stick to your guns, and dont let them intimidate you will sullbhit. Make sure if you dont have everything sorted by 3.55pm on wednesday get logging into MCOL.

Best of luck

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

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DONATE TO CAG - every tenner helps!

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hi, i sent a fax today directly to the senior manager who is supposed to be dealing with this matter, explaining that after today their 14days notice b4 action was up, but that bearing in mind the letter received last week i was prepared to give them til 4pm wednesday and that if i had no resolution i would be logging onto MCOL so court papers could be sent out to them on Thursday ( have looked on mcol and any claims received b4 9am are sent out that day)

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oh well as i thought no response from Welcome Despite giving them the extra 2 days, so am going to have to log on to mcol and submit the N1. its gonna cost me £210 to do it which i dont mind paying, i assume i get that back if judgement goes in my favour?? any ideas on how to word the claim would be helpful.

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hi caz

sorry to hear that, like i said, typical welcome

may i ask why £210

when i took welcome to court the n1 cost £120

they defended so allocation cost a further £150

 

curiouse or have hmcs changed there fees

 

i will post up a rough poc for you, leave it for a few days so can be checked by some one like pt or stephen so things can be added or deleated

 

threads like ours are a goldmine to future people dealing with welcome

 

knowledge is power

Edited by postggj
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