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welcome finance ppi - ive issued a court claim!


andie_303
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welcome have gone into silent mode again - despite me clarifying for them what I actually wanted. Their deadline was up on Monday and nothing!

 

Can someone please help in how I go about asking for a disclosure order or writing to the judge to ask him to direct a response.

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PLease can anyone help??

 

I also have another question - NU have said I can take them to FOS for failure to answer however they then say in the next sentance I cannot do this as I am in litigation - my question is though the case is in court Vs Welcome finance for the mis-selling of the PPI - does this have any bearing on my going to the FOS about NU??

 

Obviously I really don't have time for FOS I need to get them forced to talk so court would be better but I have no idea how to do that either :(

 

Any help would be so appreciated

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  • 2 weeks later...

Hello all,

 

Some will know I am in an ongoing battle with Welcome Finance regardcing a number of issues but mainly the misselling of PPI and other insurances.

 

My court claim is for £3000 and I have an outstanding amount on my loan of £1810.

 

In March 2009 I put my account into dispute with them - my thinking behind this was the account of my claim is for more than the amount outstanding on my loan and there is a genuine dispute that I owe this remaining amount i.e. had I not had the PPI added my loan would have now been paid up.

 

The letter was sent by me on March 5th and signed for by Welcome on 8th.

 

They did not respond (which is typical for Welcome) but I still cancelled my DD.

 

I have heard nothing from them since in terms of collection activity via phone calls demands etc.

 

However last weeked I recieve a letter saying that a £25 charge has been applied to my account for an unpaid cheque - I don't pay by cheque but I assume they mean uncollected DD.

 

So I ring them and I am told that my account has a note placed on it by compliance that there is to be no collection activity on my account and they all charges and interest is to be backdated until the 10th March after the outcome of litigation.

 

So they have acknowledged the dispute and put it on my account.

 

Not a problem me thinks - I can live with the charge letters coming through as I know it's all going to be backdated and taken off anyway.

 

HOWEVER......

 

Today a late payment marker and balance increase has been placed on my Experian credit file - now I have been working very hard over the last 18 months to clear up my credit file and have had no late or missed payments in this time so I am fuming that Welcome have done this when they have accepted the account being in dispute.

 

I also had experian change my credit file last month as Welcome had claimed my payments were £190 over 37 months this should have infact been 36 and Experian changed this when I provided proof.

When I check back in today to look at the alert - Welcome have not only increased the amount and logged the late payment they have changed the term back to 37 months :evil::evil:

 

My question now - as I am beyond mad that this company is runing what I have been working so hard to achieve...

 

Can I take them to court for this??

 

If the answer is yes how would I go about this?

 

I assume for small claims court I would have to be able to prove some monetary loss from this and I'm not sure how I could do this or really how I would go about coming up with some POC's.

 

I'm really hoping someone can help me with this and get back at this ars*hole of a company.

 

Mucho Gracias

Edited by andie_303
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The claim would be for Injury to Credit - its' not a small claim - damages could potentially be in the region of £8000

 

You don't as I understand it have to prove actual loss.

 

To be honest I would think that you would need a Solicitor

 

There is a very recent Scottish case called Richard Durkin v DSG Retail which helpfully summarises the law - have a look at paragraph 115 and 117 of the Judgment - it also refers you to some other cases

 

- Kpohraror v Woolwich Building Society

and

 

King v British Linen - which is the case which says that you don't have to show actual loss

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks for that :)

 

The thing is I can't afford a solicitor so need to do this on my own so if anyone could offer any further help I would appreciate it - I am by no means thick and can generally pick things up and run with it if someone could point me in the right direction.

 

Defiantely thanks for this - I will have a look at them now

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Don't forget legal aid and no win no fee

 

You should also check your home contents insurance policy - you may have legal expenses cover

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I rent and my contents insurance doesn't have this - my dad says it would be on homeowners insurance but obviously I don't have this :(

 

ok I have looked through these and to be honest am no closer to knowing how I go about filing something against them and what court this would go to if not small claims.

 

Getting a solicitor isn't really an option and I would hate to let these lowlives get away with just ruining what I have been working so hard for.

 

If anyone has got any ideas of what to do or what I should try I would really appreciate it

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You need to issue a claim in your local county court - there is an issue fee - you can apply for remission of the fee.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I'm thinking of sending them something along these lines.....

 

 

[Address]

 

Agreement Number: XXXXXXXXXX

 

Letter Before Action

Dear Sir

 

I am writing to you with regard to the above account and your companies ailure to adhere to this account being in dispute under the Consumer Credit Act 1974.

 

Your company was served with a letter via recorded delivery signed for on 9th March 2009 informing you the account above was now in dispute due to a disagreement regarding the amount outstanding after the account has been litigated to the small claims court by myself.

 

This was accepted by your company with a note being placed on my account on 10th March 2009 confirming the account was to be backdated regarding charges and interest to this date on the outcome of litigation and that no collection activity take place on this account. I have a copy of this entry being placed on my account and have also have a recorded telephone conversation with a manager of the customer relationship centre in Nottingham confirming this and informing me the account was indeed on hold.

 

I would quote to you that my letter placing the account into dispute recieved by yourselves reminded you of your obligation under the Consumer Credit act, this included

 

 

* 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.

 

Your company has however continued to harrass myself by sending arrears letters and default sum notices relating to charges incorrectly added to my account.

I have now also had a late payment marker be placed on my credit file as well as a significant balance increase.

 

This is wholly unacceptable and I demand that these be removed immediately and my credit file be returned to it's original state.

 

Should you fail to do this I will have no option but to instigate further legal proceedings on the grounds that your company is maliciously damaging my credit file for which I will seek substantial damages.

 

I bring your attention to cases Durkin V DGS Retail and HFC Bank, King V British Linen and Co & Wilson V County Bank Ltd, all of which I will cite in further action taken.

 

I expect this matter to be rectified on or before 1st June 2009. Should you ignore this request I will without further communication file this matter with the court.

 

Yours Faithfully

 

 

What do you think??

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i would have thought that you ought to ask for compensation in your LBA and that you should give them 21 days to respond - I would draft it up for you but I just don't have time at the moment - I think that your LBA needs a bit of work

 

Hopefully somebody like PT will have a look and re-draft it

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks for your help I understand you are busy I'll try PM'ing him and see if he can pop by

 

his PM box is full so will have to hope he clears his message box and try again.

 

21 days - I could give Welcome 21 years and they won't respond I know it - I'm still waiting for a SAR from September 2008!!!

 

I have lodged a complaint with Experian in the meantime though - not like they will do anything but covering all bases!

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Subbing out of interest, good luck Andy! I too would like to bring action against a firm for damaging my credit file, it is wrong how any of these people can record anything on your credit file to mess your life up whether it is true or not and there is not a thing we can do about it! I hope PT comes by and points you in the right direction, it would be good if we had mass complaints and court action about this isuue.

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In Kapohraror vs Woolwich Building Society (1996) the claimant was awarded £5,500, the amount being £1,000 for the damage caused by the default and £4,500 being the value of the default. Lord Justice Evans said at page 124 "The credit rating of individuals is as important for their personal transactions, including mortgages and hire purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case in so far as this is a presumption of fact."

 

You will note that in the above precedent damage is automatically assumed in every case of a default, therefore no further information from me is required other than the proof of the default existing in credit files. In todays figure the awarded amount of £1,000 would be around 25% higher than in 1996, according to The Office of National Statistics.

 

In King v British Linen and Co (1897) the loss to credit rating was valued at £100 where no specific damage could be shown. In 2009, this figure is over £9,975 (2008 estimate).

 

In Wilson v United Counties Bank (1919) the award was £7,500 which would translate as over £17,000 with a current price index. The case was similar to the one above.

 

Richard Durkin v DSG Retail and HFC Bank (2007) provides a more recent precedent with regards to the damage suffered as a result of a default and the claimant was awarded £8,000 plus an additional sum for the loss suffered in not being able to use credit in a normal manner.

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Hi

 

Is there anyone out there that can offer any more help on the LBA - I really want to get it sent off but don't want to send it if it is not up to standard and then look stupid.

 

1 above comment says I should ask now for compensation - should I ask for a specific amount or just be general and put a line in about the false information should be immediately removed and a suitable offer of compensation made?

 

I haven't really been able to get any help on this so I'm just going to have to risk what I've wrote and hope it is sufficient - Most Welcome employees can't read anyway so won't have a clue what I'm talking about!!

 

I'm going to send tomorrow so in the meantime if anyone has any advice on what should or shouldn't be in the letter it would be gratefully recieved.

 

Well I get an email today from Experien saying the company has changed the data in question....blah blah blah

 

So I get all excited and then I log in and see all they changed was the £190 x 37 months to the correct 36 months - late payments marker still on as well as increased balance still!!!!

 

FUMING!! Pick and choose what they want to delete!

 

Very interesting development!!!!

 

Get an experian alert today so log on thinking they have added another late payment marker etc, however.......

 

Credit file has been returned to it's original state - late payment and outstanding balance markers have been removed!!

 

YAY!! :D

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  • 2 weeks later...

I was wondering if anyone had links or information on the number of single premium PPI cases the FOS upheld in the years 2006-7 2007-8 2008-9??

 

Also does anyone know if it is possible to ascertain % figures for individual companies they have upheld??

 

Thank you

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It would be so interesting to get all sorts of stats from the FOS but as it is a private arrangement within the finance industry, the FOI doesn't apply.

Write to them and ask them but it will be interesting to see how - if at all they justify their refusal

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This is the latest Annual Review for 2008/2009.

 

http://www.financial-ombudsman.org.uk/publications/ar09/ar09.pdf

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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In that review you will see that figures for companies that will be publishing in the near future.

 

Regards

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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