help needed with welcome finance

[postggj]

ime afraid you have to keep paying for the time being

 

wait for another agreement to appear and cross match

if confirmed, you can put the account into dispute and stop payments.

 

dont do that though until you have the evidence

[karen654321]

Thats great. Well i will send another cca request of to them. And will let you know when i get a reply...

 

thanks very much for your time. It is really appreaciated

[karen654321]

hi,

 

well had a call from welcome today. The man from compliance said he was horrified at the amount of calls we were getting and they would now stop... Very apologetic.

 

He told us a statement is due to be sent to us next month. We explained that next month would mean we have not recieved a statement for 15 months. He just apologised again.

 

Relating to the ppi. He said the payments cant go down even though the fos deemed it to be missold. As it was not cancelled within first 30 days payments have to stay the same.

 

I have asked for everything in writing.

 

Firstly i know they cant add charges as i have not recieved statement. Does anyone know if this is from when it should have arrived in january or is for the whole of the period the statement will cover.

 

secondly does anyone know if this is correct that the payments have to stay the same as the ppi wasnt cancelled as such it was proved to be missold and completely refunded.

 

thanks

[postggj]

hi karen

 

compliance officer was not a mr p by any chance

[karen654321]

Yes i believe it was.... You know of him?

[karen654321]

Can anyone let me know if the information they have told me is correct?

 

thanks

[postggj]

typcal runaround

 

you gota new suit yet mr p

 

karen, let me get this straight

the fos agree the ppi has been missold and has to be refunded.

 

if that is the case the 30 days to cancel the policy does not come into it,

 

they should cancel the policy and modify the agreement to adjust the total, not ito forget interest you have paid.

 

may i ask,

 

the refund of this insurance, will it wipe out the rest of the loan or is there still quite a bit to pay

[andie_303]

hi,

 

well had a call from welcome today. The man from compliance said he was horrified at the amount of calls we were getting and they would now stop... Very apologetic.

 

He told us a statement is due to be sent to us next month. We explained that next month would mean we have not recieved a statement for 15 months. He just apologised again.

 

Relating to the ppi. He said the payments cant go down even though the fos deemed it to be missold. As it was not cancelled within first 30 days payments have to stay the same.

 

I have asked for everything in writing.

 

Firstly i know they cant add charges as i have not recieved statement. Does anyone know if this is from when it should have arrived in january or is for the whole of the period the statement will cover.

 

secondly does anyone know if this is correct that the payments have to stay the same as the ppi wasnt cancelled as such it was proved to be missold and completely refunded.

 

thanks

 

Karen FOS and FSA guidelines say that when PPI is removed loan should be restructured so payments decrease - As Welcome front load the loan so heavily this is why they want to take it off the back - you will be effectively still paying interest on PPI policies you do not have anymore.

 

Tell them they either restructure or YOU will take them to court to force them to do so and they will be liable for your costs as well.

 

A big no no this that they keep thinking they can get away with!

[andie_303]

typcal runaround

 

you gota new suit yet mr p

 

 

Ahhh don't, he'll just get all wound up on his facebook profile about us taking the p**s out of his suits like he did last time

[karen654321]

Hi, thanks for all info.. obviously you all know the mr p better than me then. No doubt i will be getting to know him a bit better soon .

 

The ppi was completely refunded last year after i contacted the fos. They said it was missold. Also they stated that they had to read the agreement 3 times before they could find where it stated it was optional. So yes it was all refunded last year but my monthly payments never changed.

 

We are struggling to try to keep up with the payments which are £372 per month. We are currently about £2500.00 in arrears so they say but i have still not recieved a statement for 15 months so cant be sure about that.

 

The oustanding balance should be about £5600.00. But to be honest the amount of calls we have had its probably more than that now.

 

This is what made me dig out the original agreement which showed differences between what they sent me when i sar them last year.

 

thanks everyone

[karen654321]

Just a quick update. I have had an email from the ico. I contacted them regarding lack of statements originally.

 

They have basically said send them a sar and £10 and hopefully they will provide statements. If they dont provide them contact ico again.

 

This does not seem fair at all that i have to pay for something that i should have originally got at least annually anyway.

 

karen

[itstheone]

When you SAR them ask for everything they have on you, transcript of phone calls etc, it's all on the template, just delete what you dont want.

Don't just ask for the statement, you should get another copy of the agreement as well. Sorta makes it worth the tenner when you get reams of printouts, they should give you everything going back 6 years, if it goes back that far.

[karen654321]

hi just to update. The fos sent a letter to welcome telling them to issue me with a response. I had the response within 7 days. Funny really they dont reply to my letters.

 

In my letter to the fos i basically stated about the lack of statements. Its now about 18 months since i have had a statement. The constant calls. The fact that the payments were never reduced even when the ppi was deemed missold by the fos. and about the threats they keep making on the phone to us. And lastly about the differences in credit agreements (original and copy).

 

well in welcomes letter they basically apologised if i felt service i recieved wasnt very good. They said the only way to get payments down it to sign a new agreement with them. If i sign they will scrap all charges been added this year. They said statements enclosed which they was not so i still dont have statements. And they did not mention differences in credit agreement.

 

Firstly i dont know if i should have to sign a new credit agreement. That doesnt seem right to me.

Secondly still no statements so i dont actually know what they have been charging.

Although i have to admit calls have really slowed down since fos contacted them so thats good.

 

The offer to sign the new contract is only valid till the 26th june (seem a bit desperate to get me to sign a new contract).

 

I dont know now if i have to send a copy of this letter to the fos as they are now dealing with the case or wether i should reply.

 

Any help would be really really appreciated

 

thanks

[midge61]

Hi

 

If the FOS are dealing with your complaint I would send a copy of welcomes letter to them and let them deal with it. I think you will find welcome are in the wrong to ask you to sign a new agreement and as you say they are showing signs of being desperate.

 

They are notorious for poor paperwork and i am sure the FOS are well aware. If you have a good adjudicator on the case they will chase welcome and investigate thoroughly.

[postggj]

karen

 

PLEASE PLEASE

 

DONT SIGN A NEW AGREEMENT UNTIL YOU HAVE CHECKED IT OUT

 

THE ONLY REASON WELCOME GET YOU TO SIGN A NEW ONE IS BECAUSE THE ORIGINAL IS CRAP OR THEY DONT HAVE THE ORIGINAL

 

HAVE YOU SEEN THE ORIGINAL AGREEMENT YET

 

A NEW AGREEMENT CANCELS OUT THE PROTECTION ON THE PREVIOUSE

 

THIS SMELLS BAD

[karen654321]

hi thank for replies. I have had a letter this morning from fos with a copy of welcomes letter. The fos have just asked if i am happy with reply or not.

 

obviously i am not as i still have no statements. I am very against signing a new agreement.

 

I do have original agreement and the copy of the agreement they sent me when i did a sar which is different. Figures are different slightly.

 

Im not really sure what i should do next. Should i reply to welcome? Or just go through the ombudsman? Would it make any difference that the copy of agreement they sent me is different from original. Only one agreement has ever been signed.

 

any help is really appreciated.

 

My credit agreement where they sign its blank. On they one they sent me it is signed.

 

On my credit agreement where all the figures are there is a px allowance £1 then deposit £1. This is where all the main figures are.

 

On the copy they sent me it doesnt have these figures on. Surely the copy they sent me should be exactly the same as the original i have as only one credit agreement was ever signed.

Edited June 18, 2009 by karen654321
added differences

[postggj]

Put It All In The Hands Of The Ombudsmen

Tell Them About The Difference In The Agreements

 

You Have A Case Number And The Fos Know Welcome Only To Well

 

Send Copies

 

Guard What You Have With Your Life

[karen654321]

do you think them small differences would make any difference though? im not really to sure that the ombudsman would see that serious enough to do anything do you?

 

When i contact the fos again obviously i will state differences but what am i hoping to gain from it? The debt couldnt be wrote of by the fos because of it could it.

 

bit confused sorry

 

thanks

[postggj]

Karen

 

Sending You A Pm

[karen654321]

thanks for that. so in my letter to the fos im not really sure how i approach the agreement part. Do i ask why there is two different ones? or do i say i think they have committed fraud or what. really unsure how to word it..

 

thanks

[karen654321]

hiya, well i have done the letter to the fos. Basically saying no im not happy with response from welcome.

firstly still no statements.

secondly no mention of the differences in the original credit agreement and the copy. I asked how a credit agreement can alter when only one has been signed. I said i think its been fraudently produced as i definatly did not sign a second agreement.

 

and lastly that there is no way i want to sign another credit agreement with this company.

 

hope this is all ok

 

karen

Edited June 20, 2009 by karen654321
missed out text

[karen654321]

Just an update. Still waiting to hear from the ombudsman. Had a call today from welcome telling me that the fos had told them to contact me to sort out the payments. Didnt believe welcome so i ended call and rang the fos.. They told me they had not asked welcome to phone me.

 

i cant believe the cheek of this company..

 

First call i have had for a while from them. the calm before the storm i suppose. Im waiting for them to turn up for the car.

 

karen

[postggj]

First call i have had for a while from them. the calm before the storm i suppose. Im waiting for them to turn up for the car.

 

karen

 

not while the fos are dealing with it they wont

[karen654321]

hi there, Just and update really and some advice needed.. Fos have looked into this now. Letter came today from them. Not sure what i should do next. Any help would be appreciated. main points from ombudsman below,

 

Basically its stating that the business (welcome) offered to re write my agreement in its letter of the 11 june 2009. This would have reduced my monthly repayments to show no ppi. This would not have prolonged the term of the agreement or increased the total amount payable. I did not respond.

 

The business could not provide an explanation as to why you(me) have two different documents signed(this is actually cca not just documents). I cannot conclude that you have suffered a financial loss because of this paticular aspect of your complaint and therefore cannot recomment you be awarded for compensation for this.

 

As of october 209 the business was obligated under s77 consumer credit act 1974 to provide you with an annual statement of account. It explained that it had been sent on 1st feb 2009. However as you did not recieve it and in light of this the business has provided me with a copy of your statement of account. which i have enclosed.

 

The business offers a refund of charges of £275.00 in addition to the £50 to reflect the distress and inconvenience caused. I am in view that this offer is fair and resonable.

 

Any help with response would be really appreciated.

[karen654321]

I really do not know how to respond to this. It does not seem fair that the fos just accept that there is a second agreement that was never ever signed by me which is different from my agreement and welcome cant explain it..

 

Been doing lots of reading up on welcome and cant find anyone in a similiar boat to me.. Any help would be appreciated.

 

thanks