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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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Welcome finance early settlement issues


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I wonder if anyone can help.... i was hoping to settle a loan i took out with welcome finance 2yrs ago early and the settlement figure i received doesn' make sense. ABout 2000pounds despite 2yrs worth of monthly payment of 131.53. Never missed a payment.

 

I asked for a statement of how this came about over two months ago and received nothing to date. and the more this drags on the more the monthly interest which is about 59% apr.

 

This is my second attempt at trying to pay off my loan. The first time about a year ago... they wouldn't cash the cheque i sent and just kept on with the ddr until i used the money.

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Welcome front load there loans so it effectively costs you more to settle early!! I had a £2000 loan in Jan 07 paid £190 every month without fail - yet in feb 2008 my settlement figure was £4,700 even though I had paid £2280. They also told me that I had to ask for a settlement figure in writing and that they had 4 weeks to send it!

Welcome a pure jokers!!

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I think they make their own rules up in the branches; I was told my settlement figure over the phone over a year ago.

 

Ignore the branch altogether and send a recorded letter to the head office instead asking for a statement.

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  • 2 weeks later...

Hi,

 

 

Were do i start......

I wonder if anyone can help. I took out a loan with welcome in April 07. Want an early settlement in August, received a statement and sent off the cheque. Only to learn 3months down the line, that they hadn't cashed the cheque due to the payment been made as two cheques (from two of my current account), that they can only accept a whole ''one'' payment.

 

Somehow no one bothered to let me know this, someone just turned up at my door 8pm at night to say that i was in arears and wanted payment. Well told the person to leave my house or be met with the police. Called the branch next day, and was told a load of crap by the manager about the two cheque issue and how the settlement figure has now changed due to arears and charges as a result of the areas. As i couldn't afford the new settlement amount, i continued with monthly payment. Being quite young, no much knowlede of my rights and gullible at the time, i took their word for it.

 

Well here i am again, after saving up for a while, i was hoping to settle early again (trying clear as much debt as possible before going on maternity, to limit my outgoings as much as possible while on maternity pay), but problems with welcome again. I just get the feeling they give people a run around from settling early.

 

Actual loan on April 07 - 2500

Monthly payment - 131.51

Loan taken over 36months

 

Asked for an early settlement figure, received a figure of 2,380.06 partly hand written crapy letter, with no explaination of how the figure came about.

 

I was quite taken aback by the amount left, as the inital loan was for 2500, paid 2893.22 to date. Called the branch to ask how the figure came about and was told it could be down to charges or missed payments. Told the man i have never missed a payment apart from three months arears issued mentioned aboved.

Asked for a statement on 15.01.09 and no response to date.

Sent off an SAR on 04.02.09 and no response to date.

 

 

Issues in summary:

  • Need to claim back the charges supposedly applied on my account noted above (still waiting for the statement to see how much this is.
  • Aparantely the ridiculous interest (APR 59.39%, annual interest rate of 55.55%) monthly interest 3.75%) on the loan (i know i should have know better) is also applied on the charges. Can they do this? Can i claim this back too?
  • What do i do in the event of no response to statement request and SAR?
  • And finally, upon reading up on first early settlement statement docs... I just realised that although in my agreement the Acceptance Fee is listed separately from the total charge for credit as it should be, on the statement supplied it is shown as added to initial ‘total amount of credit’ to make the higher amount, which interest is then calculated on. I learnt this might render the contract the contract unenforeceable, how true is it? (s.61 of the Consumer Credit Act 1974 and has been proved in court through Wilson V First County Trust)???

Any help would be greatly appreciated

Edited by prudent
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Also appreciate it, if anyone can have a look at letter i am hoping to send off tomorrow to welcome with regards to the issues above. Thanks in advance....:

 

 

Dear Sir/Madam

 

I am writing to you with regard to the above account. I have come across what I believe and can prove to be a breach of the Consumer Credit Act 1974 hence rendering the above account unenforceable.

 

I have discovered from your companies paperwork that whilst my agreement shows an acceptance fee of £75 that is calculated into the overall loan total your company has failed to disclose on this document that the £75 has had an interest rate applied. This contravenes s.61 of the Consumer Credit Act 1974 and has been proved in court through Wilson V First County Trust.

 

I would also say that I feel your company has deliberately mislead their representations as the acceptance fee is clearly shown as a separate figure on the credit agreement I will be referring this matter to the Financial Services Authority as I deem this to be a direct attempt to mislead the customer.

 

Therefore as this account is now unenforceable I will be canceling my future direct debits to your company with immediate effect and request a refund of all payments made to your company before this date.

 

Furthermore, despite sending you a formal Subject Access Request on the 05.02.09, I still have not have received the necessary documents.

I would like to remind you that the 40 days for supplying information after our Subject Access Request ends on the 17.03.09.

 

In addition, if you fail to meet your obligation under the act a report will be sent to the information commissioner and you will face investigation.

 

Furthermore, I am sure you are now aware due to the sheer amount of these letters you receive plus the massive media attention, that every time you receive one of these letters it will be followed up by a request for a full refund of any disproportionate penalty charges and associated charges, this will give you 14 days to do so before court action. Please note if I have to take court action to reclaim these charges then I will do so. Therefore, to save yourselves some time and money, if you could just refund all these charges dating back six years immediately you will not incur the court fees or your solicitors fees and the 8% interest I am entitled to claim.As this account is now in dispute you may not demand any payment on the account, nor am I obliged to offer any payment. You may not add further interest or charges to the above account nor are you to pass this account to a third party.Lastly you may not register any information in respect of this account with a credit reference agency nor are you allowed to issue a default with regards to this account.

 

If my request is not complied with within 14 days I will have no further option to file this matter in the courts.

 

I expect a swift response to this matter

 

Yours Faithfully

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Sincerely sorry to jump in please...... Would anyone have an email address for welcome head office, cattle or even Cattles MD. They keep ignoring my letter, so i'm hoping to try other options....

 

 

Thanks

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Would anyone have an email address for welcome head office, cattles or even Cattles MD please? They keep ignoring my letter, so i'm hoping to try other options....

 

 

Thanks

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Is this an open thread for welcome issues, slightly new to posting, so mistakenly opened new thread.... some help on my long issue below would be greatly appreciated. Thanks

 

Were do i start......

I wonder if anyone can help. I took out a loan with welcome in April 07. Wanted an early settlement in August, received a statement and sent off the cheque. Only to learn 3months down the line, that they hadn't cashed the cheque due to the payment been made as two cheques (from two of my current account), that they can only accept a whole ''one'' payment.

 

Somehow no one bothered to let me know this, someone just turned up at my door 8pm at night to say that i was in arears and wanted payment. Well told the person to leave my house or be met with the police. Called the branch next day, and was told a load of crap by the manager about the two cheque issue and how the settlement figure has now changed due to arears and charges as a result of the areas. As i couldn't afford the new settlement amount, i continued with monthly payment. Being quite young, no much knowlede of my rights and gullible at the time, i took their word for it.

 

Well here i am again, after saving up for a while, i was hoping to settle early again (trying clear as much debt as possible before going on maternity, to limit my outgoings as much as possible while on maternity pay), but problems with welcome again. I just get the feeling they give people a run around from settling early.

 

Actual loan on April 07 - 2500

Monthly payment - 131.51

Loan taken over 36months

 

Asked for an early settlement figure, received a figure of 2,380.06 partly hand written crapy letter, with no explaination of how the figure came about.

 

I was quite taken aback by the amount left, as the inital loan was for 2500, paid 2893.22 to date. Called the branch to ask how the figure came about and was told it could be down to charges or missed payments. Told the man i have never missed a payment apart from three months arears issued mentioned aboved.

Asked for a statement on 15.01.09 and no response to date.

Sent off an SAR on 04.02.09 and no response to date.

 

 

Issues in summary:

  • Need to claim back the charges supposedly applied on my account noted above (still waiting for the statement to see how much this is.
  • Aparantely the ridiculous interest (APR 59.39%, annual interest rate of 55.55%) monthly interest 3.75%) on the loan (i know i should have know better) is also applied on the charges. Can they do this? Can i claim this back too?
  • What do i do in the event of no response to statement request and SAR?
  • And finally, upon reading up on first early settlement statement docs... I just realised that although in my agreement the Acceptance Fee is listed separately from the total charge for credit as it should be, on the statement supplied it is shown as added to initial ‘total amount of credit’ to make the higher amount, which interest is then calculated on. I learnt this might render the contract the contract unenforeceable, how true is it? (s.61 of the Consumer Credit Act 1974 and has been proved in court through Wilson V First County Trust)???

Any help would be greatly appreciated

Also appreciate it, if anyone can have a look at letter i am hoping to send off tomorrow to welcome with regards to the issues above. Thanks in advance....:

 

 

Dear Sir/Madam

 

I am writing to you with regard to the above account. I have come across what I believe and can prove to be a breach of the Consumer Credit Act 1974 hence rendering the above account unenforceable.

 

I have discovered from your companies paperwork that whilst my agreement shows an acceptance fee of £75 that is calculated into the overall loan total your company has failed to disclose on this document that the £75 has had an interest rate applied. This contravenes s.61 of the Consumer Credit Act 1974 and has been proved in court through Wilson V First County Trust.

 

I would also say that I feel your company has deliberately mislead their representations as the acceptance fee is clearly shown as a separate figure on the credit agreement I will be referring this matter to the Financial Services Authority as I deem this to be a direct attempt to mislead the customer.

 

Therefore as this account is now unenforceable I will be canceling my future direct debits to your company with immediate effect and request a refund of all payments made to your company before this date.

 

Furthermore, despite sending you a formal Subject Access Request on the 05.02.09, I still have not have received the necessary documents.

I would like to remind you that the 40 days for supplying information after our Subject Access Request ends on the 17.03.09.

 

In addition, if you fail to meet your obligation under the act a report will be sent to the information commissioner and you will face investigation.

 

Furthermore, I am sure you are now aware due to the sheer amount of these letters you receive plus the massive media attention, that every time you receive one of these letters it will be followed up by a request for a full refund of any disproportionate penalty charges and associated charges, this will give you 14 days to do so before court action. Please note if I have to take court action to reclaim these charges then I will do so. Therefore, to save yourselves some time and money, if you could just refund all these charges dating back six years immediately you will not incur the court fees or your solicitors fees and the 8% interest I am entitled to claim.As this account is now in dispute you may not demand any payment on the account, nor am I obliged to offer any payment. You may not add further interest or charges to the above account nor are you to pass this account to a third party.Lastly you may not register any information in respect of this account with a credit reference agency nor are you allowed to issue a default with regards to this account.

 

If my request is not complied with within 14 days I will have no further option to file this matter in the courts.

 

I expect a swift response to this matter

 

Yours Faithfully

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Sorry to hijack your thread, but this would also interest me as I have sent a couple of letters regarding unfair default charges with no response. First letter I sent was 9/01/09, followed by another on 9/02/09 and will be sending another next week. Not heard a thing.

 

Ben

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Thanks for the details. That's were i've been sending prior letters to, in addition to sending copies to my local aberdeen branch via recorded delivery, but no reply to date. I am hoping an email address might push things along a bit. Really want to have this resolve soon.

 

Welcome issues in summary:

Early settlement issues

Charges and associated interest to reclaim

Interest on Acceptance fee

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  • 2 weeks later...

Started off just wanting to settle my account early. But welcomes dubious ways has got me digging dip, these people are seriously thiefs.

 

  • Loan: APril 07 - 2,500.
  • No PPI
  • Monthly payment - 131.51, total payment to date:2893.22.
  • Loan taken over 36months
  • Asked for an early settlement figure Jan 09, received a figure of 2,380.06 partly hand written crapy letter, with no explaination of how the figure came about.
  • Queried how this can be and was accused of maybe having missed payments in the past (Absolutely not i said).
  • Ask for statement on 15.01.09 (no reply to date)
  • SAR sent 13.02.09 (no reply to date).
  • Read on the forum about the acceptance fee mess up by welcome. Fortunately applies to me ) sent off another letter to welscum 06.03.09 (no reply yet again).
  • Now emailed all sorts, cattles, welcome, etc... waiting to see if these **** have the decency to reply their customers letter.

Now getting p'd off as the more they drag this on, the more interest they get out of me.... can i get them to put a stop on the interest?

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Hmmm CCA might not be what you're after as Agreements were apparently tidied up in Apr 07. I would SAR them instead. That way you'll get the Statement of Price which shows your monthly instalments.

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Sent off SAR on 12.02.09 - no reply to date, despite three more letters reminding them of days left and possible court acion and report to Information commissioner for non-compliance. Hopefully my emaills over the weekend to cattles, welcome, well basically all email addresses i could lay my hands on in relation to welciome will do the trick.

 

As i just received a reply to one of the emails i sent at the weekend with regards to the acceptance letter (to me they seem to be digging their own grave on the reply as it contracticts the info on the statement of price).

 

Fortunately, I still have all my contracts and paper work. And looking at the signed agreement and statement of price, they have charged interest on acceptance fee although the contract agreement makes it look otherwise.

 

Can anyone please double check if i'm wrong on this please?

http://i719.photobucket.com/albums/w...entofprice.jpg

http://i719.photobucket.com/albums/w...1/contract.jpg

http://i719.photobucket.com/albums/w...comeReply1.jpg

http://i719.photobucket.com/albums/w...comereply2.jpg

Edited by prudent
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Got a letter from these guys saying, we never received ur SAR. Which is an obvious lie as it was sent by special del... and i've got proof of delivery...

I've sent a reply attaching proof of del... and reminding that i'm counting days... canxeld the old chq and re-issued another...

Waiting game now...

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  • 3 weeks later...

Hi, prudent.

 

You could try sending one of these letters.........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-.html

 

Regards.

 

Scott.

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

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Thanks - already sent this letter to them about 2 wks ago. Any idea who i report non-compliance to in scotland. Will it aslo be the information commissioner for scotland?

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