is this enforceable??

[Dipply75]

I will also point out that I do not see a total charge for credit, ar anything telling you what the amount of interest you are paying anywhere, which I think is a prescribed term....if it is and its missing it should be unenforceable.

 

Having a quick count up...I think you are looking to reclaim around £2500, plus all the interest you paid on those charges PLUS statutory 8% pa that a court would award.

 

Tidy wee sum coming your way methinks

 

Stewie, look, no total charge for credit and interest CLEARLY charged on the acceptance fee lol (arrggghhh my head hurts!)

[robnfc]

thanks for the reply dippy , i sent the sars off on the 17th so ill wait and see , dont know whats happened to the statements they were ment to be sending me , guess ms wright must have something to do with them , oh the waiting game , i hate it!!!!!! , have there been many cases of getting defaults removed with welcome ?

[Dipply75]

They rarely agree to do it themselves, need to be forced but as far as I can see you have a rock solid case for that....the default amount etc needs to be accurate....their balance would have included loads of wrongly applied charges...not to mention them [causing problems] you on your entitlement to an insurance payout that probably caused the defaults!

 

Take time to sit and write a list of complaints and we can build your letter around that, ie:

 

Missold/useless insurance

wrongly applied charges

Defaults applied wrongly

Debt collections procedures against OFT guidelines

Blatant disregard of your rights under the Consumer Credit Act

Causing you severe financial hardship

 

etc

 

Had an idea, have you requested a copy of your agreement from them at all?

If not, send the formal letter away asking for it along with your complaint. If they know why you are complaining they may be tempted to 'amend' your agreement to suit (and as you have the original they would be goosed!)

[robnfc]

"amend" wouldnt surprise me after the other thread ive just been reading , i sent a request for the agreement along with the sars so hopefully should get that soon , on another note ive heard of welcome actually coming on cag and looking at post ect ... would it be a good idea to take the agreement off the thread or doesnt it matter

[Dipply75]

As long as you have blanked all your personal info, and there is nothing to identify you, then its fine.

 

And, oh yes, they are watching. I even had one of them at my door, claiming to know nothing about a complaint then started asking about info I had posted on here lol.

 

They are so arrogant its funny, they really do assume we are all powerless. I you really want to wind them up, post what you want them to know....or want them to think hehe

 

Hopefully you will start to enjoy a bit of payback

[robnfc]

oh that would be bliss , lol just noticed as well they havent even got my address right on this letter , good job the post man knows who i am.

 

sorry to keep asking questions but the basis of getting a default removed , is that because the agreement isnt enforceable and if they send me a copy of the default in my sars and its not the original default notice does that count aswell.

[Dipply75]

Its not down to the agreement, its that any default notice has to be correct:

 

contain certain info

be accurate

give correct dates and timescales (ie, you ahev 28 days from the date on the letter to remedy this...but they write the date you have to remedy it by wrongly (27 days)

 

See what it says when you get it thourgh but in your case the accuracy is the winner...the figure on it will be WAY OFF!

 

Did you ever receive a default notice from them? (ask away btw, I love getting it right up them hehe)

[robnfc]

i have no idea , it was back 05 , ill just sit tight and see what occurs.

 

thanks for the help

[robnfc]

ok i started this so ill try and keep it going , so far i have had sweet fa from welcome apart from a letter saying it had been passed to the recovery centre??? that was a month ago , have pinged off an email to t/s and to the CRAs to say this is in dispute , CRAs have done their part and put a note on my account , nothing from t/s in over a week, any advise where i can go from here.

[robnfc]

ok need some advise , ive come to a brick wall now , bascially welcome are now completely ignoring anything i send them , i have reported them to to every regulatory body i can think of and still nothing , i thought id tackle the cras see if i can get the default removed , so far theyve all emailed me back saying that they have contacted welcome who still havent replied that was 15 days ago , am i right in thinking that if they havent produce the docs to prove the default that the cras have to remove the default after 28 days, i ask cause credit expert have said without permission from welcome they wont remove it

[robnfc]

Got a letter from welcome today bascially saying " the default has been registered correctly".

 

no copy of the default

and nothing relating to the claim for charges

 

and it also says this is a final response to your complaint.

 

So im now gonna fire another letter about default cause they obviously havent got it , but i also wanna go the whole hog on the charges cause theyve really p****d me off , but i wanna go down the compound interest route and see how they like 50.9% interest thrown back at them (probably very unlikely to happen but may aswell give it go) , i could really do with some help , im assuming ppl are using the sempra metal case as guidance but im struggling to see the connection , im sure someone will fill me in on that , any ideas?

 

many thanks

Edited June 12, 2009 by robnfc

[robnfc]

got statements , fired off a letter on the 26/05/09 registered post asking for charges back (its actually around £2200 theres duplicate fees capitalization and all sorts of other stuff which i didnt notice at the start) , still nothing back , took a wild stab at an email address and bingo it worked , got one back saying the complaint had been closed ?????? , spoke to a lass at the welcome office who said she would get someone to call me , not happened , email sent to Mr. Adrian Cummings , see what happens..

[Dipply75]

Hi Rob, I think Mr Cumming may have been one of the dodgy directors suspended lol. Be interesting to see if you get a response.

 

They are doing to you what I got, the ridiculous run around. I have passed mine to the FOS and am gathering the info and paperwork for filing in court, had enough of the games.

 

Will try and get back on later n help out. let us know if anyone replies to that e-mail though!

 

Not sure what you should do next, the FOS taking an age to do things right now

[robnfc]

think you are right dip , never got anything back from mr cummings but i did get a letter with an offer , just the charges and ppi , no interest added.

 

so im going to write back however i could do with a bit of help with regards to the whole interest thing , i would like to claim the charges and ppi back but also claim the interest charged on the charges , is this compound interest? if it is i might think twice and just go for the 8% however it seems wrong cause surely if the charges are unlawful so is the interest paid on them , i went on a dmp in 2007 and interest was stopped so can i claim the interest on the charges upto the point when they stoppped charging me interest.

Edited July 2, 2009 by robnfc

[Dipply75]

Hi rob, excellent news about the offer, its a start - most of us are still being told to bog off!

 

Did the lett have any 'wothout prejudice' or not admitting any liability bits in it - have they said offer only in goodwill etc?

 

Trying to figure out if they have basically admitted liability and its only a haggling issue now. You are certainly entitled to that interest - you've paid it for no reason. Have included the ppi interest?

[robnfc]

they said they didnt agree with the points and it was good will , so doesnt look like they are admitting liability , but at least i know they are looking to settle now ,to honest like you say i didnt expect to hear anything back