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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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Welcome Finance Help Needed!


mau_juaquez
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  • 3 weeks later...
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Nope,

 

All I have had in response is another letter saying that a team manager is looking in to it and that they are greatful for my continued patience blah blah blah.

 

I have also revieved a letter saying they have charged me £10 for default sums lol.

 

I am guessing as the company is in turmoil at the minute looking in to my complaint is the last thing on their mind!

 

Might send a letter saying that as they have yet to respond I am assumming that the case is closed and the agreement has been cancelled with immediate effect or words to that effect!

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  • 2 months later...

I still havent had a response from Smelocme regarding the investigation, is now the time to put it in to the hands of the Financial Ombudsman?

 

Also Welcome have now registered a default against me. The letter I got though did not have any terms of getting out of default, if I remember rightly it just said Your account is now in default here are the arrears I think.

 

They've now pooped my credit file for another 6yrs!!!!!

 

I hate this company!!!!!

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I wouldn't even bother with anyone at branch level if i were you.

 

Ring and get the number for the Compliance Team,

run through everything with them (even they are hard work),

then scan all the evidence you have and send it to them

- give them 28days to act on what you have said.

 

If they settled a loan of that size that was not yours then you paid interest on a non existant sum.

They are going to have to rebate you n what they have taken plus the contractual rate as applied to thier own agreement with you.

they will have to remove all the charges obviously also.

 

Tell them if they do not reply or act with 28 days you will issue CC proceedings forthwith and without further notification in order to recover your money.

If they don't comply issue proceedings for all your money back with interest. thats what i would do.

 

I once asked a question of an welcome account manager pertaining to an account i had

- i felt they had had too much of my money lol.

 

He said oh you must of had charges,

i said don't be silly my friend you know full well i have not incurred a single charge in 4 years

(he's looking at the computer screen ffs).

 

Oh yes he said i can see that now.

 

I said "so why have you over charged me"

- his final comment " I DON'T KNOW "

 

these people working in the branches can be total retards

- just go round them, when i did a cheque arrived in under a week!!:)

 

A final word of warning - NEVER sign anything without at least scanning the document - ideally tell the salesman to Fook Off for 10 minutes while you inspect any agreement.

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  • 5 months later...

Hi all,

 

I'm in a bit of a pickle with the company named above.

 

I have had a few loans with welcome and renewed them as many of us have.

Then I got into a bit of difficulty paying them so renewed on different terms.

Once again my circumstances changed and I couldnt meet the repayments.

 

I got the usual welcome hassle such as phone calls and home visits.

 

I went in to the branch to sort it out and noticed that they had signed an agreement to renew a loan that I didnt agree to....

. it was very obvious as the signatures werent even similar!

 

I spoke with the account manager and expressed my displeasure and he said he would look in to it.

I didnt trust him so I wrote to the compliance dept and they just said they are looking in to it.

 

Next thing I know a couple of months later I get hit with letters from a DCA regarding the account.... thanks welcome!

 

I checked my credit file and they have issued me with a default

 

What can I do to sort this out before they go to court?

 

I am so miffed at them as they have hit me with a default on a fraudulent agreement and without writing to me first!

 

Any help would be greatfully appreciated.

 

Many thanks

 

MJ

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Hi, MJ.

 

I'll move this thread to the Welcome Finance Forum, hopefully you'll get some help in there.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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But to get started, send a SAR:

 

Enclosing a PO for £10, no signature:

 

 

Welcome Financial Services Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

**/**/2009

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

Dear Sir/Madam

 

Re: Account/Reference Number

Customer Number

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with original creditor.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

With the Subject Access Request they will have 40 days to comply before breaching the Data Protection Act.

 

Is the DCA Lewis Group or Howard Cohen?

Are the loans secured/HP/personal?

How much is each loan for?

Do you have PPI?

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I had loads of problems with Welcome Financial Services,

please see thread: http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/203042-welcome-financial-credit-reference.html

 

for the address of their data controller and write to them directly

- "go for the jugular" as I have heard someone say on this site.

 

Welcome do not give any leeway when you are having problems,

so if they are having "problems" and "finding" paperwork with a signature you do not recognise then you need to do as the previous poster

has mentioned and ask them for a SAR, and then keep a copy of everything they send you and also of eveything ou send them.

 

Also, a very important note:

use recorded delivery, otherwise they have a nasty habit of "loosing" mail.

 

Even if your recorded mail gets returned a couple of times,

 

stick to it and persevere and you will come out of it in a better position.

 

Good luck and keep us posted!

Ste

 

;)

  • Haha 1

MAKE SURE YOU USE RECORDED DELIVERY for all letters you send.

 

Make sure you tell them that you are disputing the account and keep a copy of all receipts for letters that the post office give you and keep a copy of all letters - from you to them and also from them to you.

Good Luck!

Ste

 

P.S. This is what I would do...... Make sure you get more advice before doing anything and check anything I say with someone more qualified in this area. This is only my opinion.

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I might sound paranoid, but they managed to loose 8 of my letters..... 2 of which I took into the local branch, handed to the manager and got a written receipt for!

 

Ste

MAKE SURE YOU USE RECORDED DELIVERY for all letters you send.

 

Make sure you tell them that you are disputing the account and keep a copy of all receipts for letters that the post office give you and keep a copy of all letters - from you to them and also from them to you.

Good Luck!

Ste

 

P.S. This is what I would do...... Make sure you get more advice before doing anything and check anything I say with someone more qualified in this area. This is only my opinion.

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Never talk to them on the phone either, if they do call and call send of the Telephone Harrassment letter to them. Mind you, even that won't stop them calling, so if they do call, lay the phone down, go make a cuppa, potter about the house or even sing a song in an off-key for about 10 minutes, then hang up on them ;)

 

If you can, record the calls.

  • Haha 1
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That's not paranoid sjl2, that's the correct process - recorded.

 

They do lose letters on a regular basis.

 

But I would never deal with a local branch (assuming there are any left) - they are just commission fed monkeys. Compliance at Ruddington is the only address to serve documents worth using.

 

T2

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Compliance at Ruddington is the only address to serve documents worth using.

 

T2

 

The only other one I found useful was their data protection officer; if they start recording adverse entries on your credit file:

 

Data Controller: WELCOME FINANCIAL SERVICES LTD

KINGSTON HOUSE

CENTRE 27 BUSINESS PARK

WOODHEAD ROAD

BIRSTALL

BATLEY

WF17 9TD

 

As provided by the information commisioners office search facility.

 

Ste

MAKE SURE YOU USE RECORDED DELIVERY for all letters you send.

 

Make sure you tell them that you are disputing the account and keep a copy of all receipts for letters that the post office give you and keep a copy of all letters - from you to them and also from them to you.

Good Luck!

Ste

 

P.S. This is what I would do...... Make sure you get more advice before doing anything and check anything I say with someone more qualified in this area. This is only my opinion.

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  • 3 years later...

Hi there,

 

MKDP have been in touch saying I owe then approx 4k for a welcome loan.

 

I sent them a prove it letter. Today I have received a copy of the agreement but the signature on the agreement has not been signed by myself, welcome have signed it but signed it using my name - the signature is not the same as my signature.

 

I think what has happened is I got into a bit of difficulty with them a while back and they tried to get me to re-write the loan but I never went in to sign anything, I verbally agreed with the agent that I would call in to sort my payments out.

 

Are they allowed to do this? Should I call them and setup a repayment plan to prevent getting a CCJ?

 

Many thanks

 

MJ

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  • 2 weeks later...

You shouldn't make any agreement with WF; if it isn't your signature, they have committed fraud. You should write to them advising that it is not your signature and that you will not enter any agreement until it is investigated. Advise you will contact the police and FOS if you don't receive a satisfactory response.

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  • 8 months later...

please scan up all the agreements and statements you have

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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