Welcome Finance update

[Twist305]

Hi all,

 

So im still in the process of trying to get any where with welcome. Below if a copy and paste of my first few post's regarding this matter:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/37780-welcome-finance-any-dealings-51.html?highlight=welcome+finance#post1834437

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/37780-welcome-finance-any-dealings-51.html?highlight=welcome+finance#post1834474

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/37780-welcome-finance-any-dealings-51.html?highlight=welcome+finance#post1834478

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/37780-welcome-finance-any-dealings-51.html?highlight=welcome+finance#post1834528

 

Anyway it continues down the page of that previously linked forum. After sending in a request for all my CCA's (payment included) and a SAR - i have had zero correspendences.

 

I understand they have 40 days to comply with the SAR but as for the CCA they have 12 ... I have given them 16 days so far for the CCA and no response. I therefore rang my branch to chase it up last night (09/12) and got fobbed off, in meetings, did we recieve it etc etc...even though the recorded delivery was signed for.

 

So my questions is whats my next stage? Is there another letter I need to send to get this moving or ??

 

Any help appreciated

 

Thanks Twist

[42man]

If they haven't responded to your CCA request after the 12+2 working days then send this one

 

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As 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.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[42man]

As for the subject access request, yes they have to respond in 40 days, if they don't you should send a reminder letter by recorded and head it LETTER BEFORE ACTION, give them a further 14 days for them to respond...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

[Twist305]

Thank you for your quick reply and help.

 

Twist

[Twist305]

ok today, after sending in above letters, I get a call from my account manager.

 

Starts telling me they have received my letter and it is on its way to head office. Letter?? i send you 5 letters in all have you read them?? WF opps yes we have and we are sorting them out.

 

I then point out that way they are way over allowed time limits and they should of got to me sooner. Met with silence, doesn't really care about statutory time limits I guess.

 

Then I also point out that as stated in the letter all correspondences should be in writing from now on ie no more phone calls. WF agrees this but then tries to pull an amazing stunt.

 

Asks me to confirm me details 1) address - yep its correct 2) Contact details ie phone - yep correct 3) job title - humm not happening mate 4) work phone number and employer - yet again not happening mate.

 

Are they really that stupid or deceitful that they feel they can try and pull the wool over your eyes??

 

Of course sure here's my Job title, company name, and Contact number so you can bypass me and start hassling my employer about the agreement!! Honestly i feel they have must in-house training sessions on being stupid.

 

The Quote 'never argue with an idiot, they'll bring you down to their level and beat you on experience' springs to mind concerning this lot.

 

Anyway, I guess its a case of just sit and wait now for whatever head office is going to try and spring on me.

 

Anymore tips on how to get rid of these numpties would be greatly appreciated.

 

Thanks Twist

[Sol]

I was talked into agreeing payments with WF myself last week. They're well trained in deceit! I'm going to send a SAR next week.

[Twist305]

Well I'm back after sometime away (well waiting for Welcome), after requesting my CCA and SAR back in December I heard nothing from Welcome at all. No CCA's sent no response to my SAR.

 

Then this morning I get an unpleasent surprise in the form of 2 letters from a debt collection agency requesting monies for my two accounts outstanding. Now this is where I need help - I still have the receipts for the Postal orders sent and they were cashed, but after reading the letters i sent this part infact:

 

"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."

 

Now surely this means they have broken the terms of the requst as well now? But more importantly where do i go from here?

 

The debt agency want their money, Welcome are not being forthcoming regarding my requests for data, seeing as they had nearly 5 months to respond to me and never bothered.

 

Any help greatly appreciated,

 

Thanks Twist305

[cerberusalert]

They are in breach of OFT guidelines so complain to The Office of Fair Trading: Debt collection practices and send the debt collector this;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print name do not sign

[cerberusalert]

When the 40 days have expired for the SAR, if you still haven't received it make a complaint to the Information Commissioners Office https://www.ico.gov.uk/Global/contact_us.aspx who have power to make them comply & fine them £5000 for the privilege.

[Sol]

Naughty Welscum

[42man]

If you have had no response to the SAR, you need to issue a letter before action to them.....if you take them to court the judge will award you compensation, there is no excuse for not complying with a SAR....I presume you sent recorded....these threads should help

 

One example of a Subject Access Request Letter Before Action

 

Blackheath loans

 

One example of how to fill out the court forms when a company fail to produce your Subject Access Request.

 

Havinastella V Lloyds TSB