Welcome Finance - Please Can You Help Me

[rikk47729]

Good Afternoon,

 

I had a car on the agreement linked to this post. I bought a car with welcome. THe Peterborough office is who I deal with. I have had financial problems and have now refinanced this agreement. I asked welcome Peterborough for a copy of all payments made on this agreement, and all charges and add ons and indeed, every detail on this agreement. They refused. They forced me to sign for the new agreement which is now over 10 years. I signed this in august 2008. I do not know how much I paid or anything. I am now in a worse situation and I am thinking of not paying and them collecting the car as I cant afford it. They threaten me, harrass me, chase me, come into my work place. They are vile indivduals. The worst bit is, they set a dead line for me to sign the new agreement in August, I could not get to the Peterborough office, because I was at work. They came into my work and got me to sign on the shop floor at the store i work. This caused me massive embarrassment infront of my work mates. I am sick to death of these people. I have tried to get into cab, but they have a massive waiting list.

 

Please can one of you kind people assist me as I am at a total loss on what to do next. I have missed this months payment on my new agreement and they have said I MUST pay before the end of this month, which I can't.

 

My kindest thanks in advance,

 

rikk47729

[postggj]

this is harrasment and intimidation

 

you may be able to get the agreement cancelled,

ill do some digging in that area and get back to you

 

can you repost any agreements minus personel details

 

google photo bucket and upload with out thumbnails

[rikk47729]

Hi,

 

I have put them on photo bucket on the link below,

 

I hope it works !!

 

Pictures by rikk47729 - Photobucket

[postggj]

Can You Post The New/modified Agreement

[rikk47729]

:-)Hi,

 

I have posted the new agreement to the posobucket thing for you,

 

Kindest thanks

 

rikk

[postggj]

Ok Rkk

Lets Get Started

 

First Thing,

When The Welcome Cretin Turned Up At Your Work, I Take It He Was Uninvited, No Prior Agreement

 

Was The Modified Agreement Allready Filled In,

Did You Know What Was Original Outstanding On The First Agreement,

Were You Given Any Statements

 

The Answer Will Be No, No ,no

 

Am I Correct

[rikk47729]

They had told me they were coming in, they phoned a few day earlier to say that. So i did know. The agreement was not filled in, and they had given me some figures spralled on a bit of paper (handwritten) a week before. But they did not give me a fully itemized breakdown off all payments, charges etc. And certainly never any full statement. I even said I wanted to go to cab to get it looked at but they said I MUST sign or I would be commiting fraud! I was worried so i signed.

[Dipply75]

Hi, post, can you check I am not having a senior moment but something stood out to me:

 

The new agreement states it is an Agreement Modifying an Existing Hire Purchase Agreement...but the old ones are just normal unsecured credit agreements are they not?

 

If so, no wonder they were so desperate to make you sign a new one, the original was secured on nothing, they cocked up. Have they tried to modify an agreement that doesn't exist then?

[rikk47729]

I realy do hope something is wrong with this agreement, I just want them to **** off !

 

Cheers for all your time

[Dipply75]

Hi, post, can you check I am not having a senior moment but something stood out to me:

 

The new agreement states it is an Agreement Modifying an Existing Hire Purchase Agreement...but the old ones are just normal unsecured credit agreements are they not?

 

If so, no wonder they were so desperate to make you sign a new one, the original was secured on nothing, they cocked up. Have they tried to modify an agreement that doesn't exist then?

 

Bump!!!

[postggj]

Hang In There

 

Might Be Onto Some Thing

 

Dipply

 

Einsteine A Go Go

[rikk47729]

Hey guys,

 

I really hope you do find an error or 2, would love to see the look on their faces!!

[dw190]

Hi, post, can you check I am not having a senior moment but something stood out to me:

 

The new agreement states it is an Agreement Modifying an Existing Hire Purchase Agreement...but the old ones are just normal unsecured credit agreements are they not?

 

If so, no wonder they were so desperate to make you sign a new one, the original was secured on nothing, they cocked up. Have they tried to modify an agreement that doesn't exist then?

 

The page (2) with the signature boxes state "This is a Hire Purchase Agreement" Page (1) details the vehicle (Goods).

 

Going back to the days when I did some work for a finance company, we could not refinance a HP agreement Off Trade Premises without a Written and Signed invitation.

[N.P]

The page (2) with the signature boxes state "This is a Hire Purchase Agreement" Page (1) details the vehicle (Goods).

 

Going back to the days when I did some work for a finance company, we could not refinance a HP agreement Off Trade Premises without a Written and Signed invitation.

 

 

Hi there, just thought I`d butt in a little.

 

Are you refering to this?

 

 

 

Consumer Credit ACt 1974 -

Section 49.

 

Prohibition of canvassing debtor-creditor agreements off trade premises.

 

(1) It is an offence to canvass debtor-creditor agreements off trade premises.

 

(2) It is also an offence to solicit the entry of an individual (as debtor) into a debtor-creditor agreement during a visit carried out in response to a request made on a previous occasion, where—

 

(a) the request was not in writing signed by or on behalf of the person making it, and

 

(b) if no request for the visit had been made, the soliciting would have constituted the canvassing of a debtor-creditor agreement off trade premises.

 

(3) Subsections (1) and (2) do not apply to any soliciting for an agreement enabling the debtor to overdraw on a current account of any description kept with the creditor, where—

 

(a) the [F1 OFT] has determined that current accounts of that description kept with the creditor are excluded from subsections (1) and (2), and

 

(b) the debtor already keeps an account with the creditor (whether a current account or not).

 

(4) A determination under subsection (3)(a)—

 

(a) may be made subject to such conditions as the [F1 OFT] thinks fit, and

 

(b) shall be made only where the [F1 OFT] is of opinion that it is not against the interests of debtors.

 

(5) If soliciting is done in breach of a condition imposed under subsection (4)(a), the determination under subsection (3)(a) does not apply to it.

 

 

 

Hope this helps

 

 

 

N.P

[felixfly]

Does anyone know theactual cooling off periods required for a secured loan and what these period are to from?

 

Also the CCA 1974 covers loans up to £25,000, i take it thats before interest?

 

Felix

[rikk47729]

Hi Guy,

 

Excuse me being a little thick, what does this mean to me?

[rikk47729]

Where do I go now?

 

I am still unsure.

I still never had any information form welcome reference a breakdown of the payments made on the old agreement and any charges added. I believe they do not want me to have these figures. I want this in writing as well as a copy of the old agreement. How can the new agreement be correct therefore if they have never supplied this information in writing. I also want a transcript of all phonecalls etc

 

The other questions are -

Why have I been charged another acceptance fee?

Where has my breakdown insurance gone?

PLEASE CAN SOMEONE HELP ME AS THEY ARE ASKING FOR THERE MONEY:(.

Can i get them to freeze the interest while this is investigated?

Does the subject of access request need to be sent? If so, can anyone send me the link to this so I can post it.

If so can I also ask them to provide all of the info above?

 

Thanks guys

Rikk47729

[Dipply75]

Hi Rikk, sorry for not getting back to you sooner, my whole area of the country had a major powercut, still playing catch up!

 

Defo send the Subject access request, will post a template for you that asks for everything. Can I ask if the agreement you posted up is your original or did you ask them to send a copy?

 

After the others looked at your agreement I still think you have at least a complaint about the layout....they are supposed to be clear and up front and it is only on one small corner that I had to read a few times before finally seeing does it state HP, how could you have been clear what you were signing?

 

The other think is, Postggj is right, you were bullied and frightened into signing this agreement. The complaint you want to make is that they missold you the loan by pressurising you into further long term borrowing when already in financial difficulty. The circumstances of signing alone back that up.

 

Send the SAR, enclosing £10 postal order, print your name, do not sign and send recorded delivery.

 

Also, if that is your original copy of the agreement, send a CCA request and lets see what they have on file for you. Enclose a £1 postal order, and again, print, do not sign and send recorded. They have 12 days + 2 for post to supply you with this or they cannot demand payment.

 

Third, send a letter informing them you are having financial difficulty and you are unable to make a payment this month. You can enclose a token payment £10 even (this keeps you right, shows willing etc) and you will keep them updated. You also want to lodge a complaint regarding the behaviour of the staff, excessive charges applied to the account and being missold the loan. Ask them to supply thier complaints procedure and again, print not sign.

 

Don't go into any more detail in this first letter, you just want to lodge the complaint, your informing them in writing of financial difficulty and asking for their complaints procedure...this keeps you right again and gives you time to get your SAR info through to see what your real position with them is. I guaruntee you are paying for loads of old charges at least.

 

Will help you get the complaint letter etc done and don't worry too much about them pressuring for money, stand firm...they cannot take what you do not have.

 

Another letter I will post up for you is the one that removes permission for them to come to your home or phone you...all to be done in writing. If they breach that start complaining about harrassment.

 

Trust me, they will hound you if they think they can bully money from you. Once they realise you know your rights and are fighting back, you will see a difference!

 

What do yo think?

[Dipply75]

Right, SAR first of all - send this to the Compliance Dept (will get the address!)

DATA PROTECTION ACT 1998

FULL SUBJECT ACCESS REQUEST

 

 

Dear Sir/Madam

Your name: xxxxxx

Account No/ No’s

 

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements and agreements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

[postggj]

dipply

 

just posted an email from dg on main thread

 

interesting

[Dipply75]

In your initial letter stating financial dificulty and complaint, insert this section:

 

Please also be advised that I will only communicate with you in writing, therefore any calls made to me will be classed as harassment and treated as such. Please remove my telephone numbers from your records immediately.

 

Should it be your intention to arrange any “doorstep calls” or “home visits” please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. Failure to correspond in writing only, supply your complaints procedure or continue to pressure me for payment you have already been informed I am unable to make, however, will see the matter referred to Trading Standards, The OFT and any other authorities as I see fit and without further notice.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

And finally your CCA request:

 

Dear Sir/Madam

 

Ref −Account/Reference Numbers: XXXXX657R & XXXXX657R

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

[rikk47729]

Hi there,

 

Thats magic. Will send it all off on friday. I had a call just today, with them threatening me. Why didnt you pay? You were supposed to come in and pay? etc etc? I said a subject of access request will be on its way to you. He soon shut up, did not know what to say, I said I do not want to discuss it further and will not on the telephone, so I hung up.

 

The the agreements I have are all copies and I will send off the CCA request on Friday.

 

I will keep you posted and am going to log all calls etc,

 

Many thanks again

Rikk47729

[rikk47729]

Hi,

 

Please can I ask another question?

 

I saw on here a letter template that tells the company that while the account is in dispute they may not charge any interest or request any payments until the account dispute is answered and/or sorted out. Is this correct, if so, can I include this in my SAR or CCA letter?

 

Thanks

Rikk47729

[Dipply75]

To keep yourself right you really need a solid reason to put the account into dispute first. If court action was ever started by any side they would throw non payment without good reason at you.

 

This is entirely up to you. it all depends on how much is outstanding against how much you want to claim/put in dispute. In my case with RBS (missold loan just like yours) I paid for so long and when they didn't take my complaint seriously I then stopped all payments, putting the entire account in dispute until they did - i claimed I was forced into that action as I was otherwise ignored....worked!

 

You will also find them very agressive right now trying to get hard cash in...the company is in trouble big time and they are trying to scrape in every penny. You did great though when they called! How did it feel to stop him dead in his tracks like that pmsl!

[Sunnie2812]

is there a template anywhere on how to request a subject of access ?