Welcome Finance - Please Can You Help Me

[postggj]

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

[Sunnie2812]

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

 

 

Thank you for this, will send it of tomorrow...

[k1mmie]

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

 

 

It is before interest, but with mine they added PPI, which put it over then charged interest!

[rikk47729]

Hi Guys,

 

I have sent of the CCA and the letter requesting no doorstep visits (8 days ago).

I was visited yesterday by a Welcome Finance collections department member of staff. He buzzed my door buzzer 27 times, the neighbour 11 times and finally disturbed my neighbour who is elderly. He was trying to force my neighbour to tell him where I was. I was at home but refusing to talk to him as I have requested all corrispondance in writing only. He tried the car doors and was shouting my name in public. After 40 mins he finally left.

This morning, He came again. Buzzed 20 times and 11 times on next door neighbours buzzer. I was at work but my flat mate answered the phone and again this disgusting collector was demanding information. He walked around my car (I bus to work) on my private parking space, trying the doors of the car. He was also threatening to wheel clamp the car. I have logged all this in my file on welcome.

Am I right in saying this is serious harrasment?

Can I video them trying car door etc?

What should I do next?

Next time I will confront him, ask him to leave and call the police.:mad:

 

Cheers all,

 

Rikk47729

[postggj]

hi riki

 

phone compliance and raise hell

 

threaten trading standards, police, threaten the lord allmighty.

after your call back it up with an email,

 

ask for a mr chriss palmer

 

0845 618 7804

[rikk47729]

Hi again All,

 

Please can you let me know the address to send the subject of access report to. Also i sent my CCA request 4 weeks ago and I have had no response. Is there a follow up letter I now send to put the account into dispute?

 

Kindest thanks,

Rikk47729

[N.P]

Hi rikk,

 

Firstly, ALL of the above in your Post 29 is DEFINATELY HARRASSMENT, especially as you have already wrote to them and asked them to KEEP AWAY.

 

The more proof you can build of this character, the better. Get video evidence if you can. What would the Police think if you rang them and informed them some crank was lurking around you car, trying the doors. They would arrest this bloke, and as he has no Court Order he would be busted.

 

The simple fact is, this is just some arse wipe sent around to bully you. Open the door and tell him exactly where to go in the worst manner you can, and make him feel small. Tell him if he bangs on your door again, you`ll bang on his face!

 

You can basically send your SAR to their head office, if you know that. It is up to them to get it to the right place. Send it Special Delivery and once you see it has been signed for, you can start the 40 day clock.

 

If they have not responed to you legal CCA, then they have defaulted on your request. At this point, you can withhold payments, and by law they are not allowed to chase up the debt. Of course they will, because they are above the Law (NOT!)

 

Hang in there and don`t be intimited at all by these morons.

 

I had some imbecile from MIL ring me the other inght about the Argos Account, I just shouted and swore at him and he put the phone down. I wasn`t finished so I rang them back and gave then next person who answered more crap

 

Hope this helps.

 

 

 

N.P

[N.P]

Just to add to that,

 

The fact they have defaulted on your CCA request, means you don`t really have to send them anything else, untill they start hassling you again. Then you can send them a STEEL TOED reminder!

 

 

N.P

[rikk47729]

UPDATE - PLEASE HELP

 

GOt a letter this morning it says the following.

 

WITHOUT PREJUDICE

REQUEST UNDER SECTION 80 OF THE CONSUMER CREDIT ACT 1974

 

Dear Sir,

RE Hir purchase Account XXXXXXXX

 

I refer to the above account which you have entered into with welcome finance. It requires you to keep the goods to which the account relates in your possetion or control.

I hereby request you, within 7 days after you recieve this letter, to tell me where the vehicle with the following registration number is located,

 

XXXXXXX

 

If you fail to comply with the request and the default continues for 14days, you will commit an offence Under Section 80(2) of the consumer credit act 1974 for which you will be held liable. If you are in any doubts about your rights or obligations under the Consumer Credit Act 1974, you should consult with a solicitor.

We NEED a payment this month, no payment will result in repossession of the car.

Yours Sincerely

Mr xxxxxxx

Recovery officer

Welcome finance.

 

 

What do i do now.

 

They have sent me no CCA as I requested which was signed for at there office on the 6th April. They have simply ignored the letter and its contents. I am sick of these low lifes!

 

Please can anyone help,

Cheers,

Rikk47729

[rikk47729]

FOrgot to mention,

 

The letter was not sent recorded so they will have nothing to prove this letter was posted,

[Dipply75]

Hi Rik

 

NP is right (and I agree with his other comments also ) about the account now being in dispute. You need to send a CCA non compliance letter, will get you one in a mo, and make reference to their latest threat in it.

 

State in it clearly that THEY are in breach of your legal request for your agreement, the account is in dispute etc and they may NOT enforce the agreement. Should they make any further attempts at collection, or threats they are aware they cannot carry out, you will report them blah blah.

 

You need to lodge a formal complaint if you haven't already about everything and start that clock ticking.

[Dipply75]

Forgot to ask if you put in any of your letters that you wanted to lodge a complaint and asked for their complaints procedure?

[andie_303]

Do as Dipply says - send account in disputte letter - that is legally all you need to do. Until they comply with your CCA they can do sod all - so you don't have to tell them where the vehicle is.

 

Now if it were me I might be tempted to say it is rountinely parked in front of my local police station would the man who keeps coming out and trying to steal it like to come round and verify this???

[andie_303]

UPDATE - PLEASE HELP

 

GOt a letter this morning it says the following.

 

WITHOUT PREJUDICE

REQUEST UNDER SECTION 80 OF THE CONSUMER CREDIT ACT 1974

 

Dear Sir,

RE Hir purchase Account XXXXXXXX

 

I refer to the above account which you have entered into with welcome finance. It requires you to keep the goods to which the account relates in your possetion or control.

I hereby request you, within 7 days after you recieve this letter, to tell me where the vehicle with the following registration number is located,

 

XXXXXXX

 

If you fail to comply with the request and the default continues for 14days, you will commit an offence Under Section 80(2) of the consumer credit act 1974 for which you will be held liable. If you are in any doubts about your rights or obligations under the Consumer Credit Act 1974, you should consult with a solicitor.

We NEED a payment this month, no payment will result in repossession of the car.

Yours Sincerely

Mr xxxxxxx

Recovery officer

Welcome finance.

 

 

What do i do now.

 

They have sent me no CCA as I requested which was signed for at there office on the 6th April. They have simply ignored the letter and its contents. I am sick of these low lifes!

 

Please can anyone help,

Cheers,

Rikk47729

 

I perhaps may also be tempted to add on the bottom of account in dispute letter....

 

If you fail to comply with the request and the default continues for 14days, you will commit an offence Under Section whatever it is for non compiance of CCA of the consumer credit act 1974 for which you will be held liable. If you are in any doubts about your rights or obligations under the Consumer Credit Act 1974, you should consult with a solicitor.

I NEED you to recognise there will be NO payment this month or any future months and this will NOT result in repossession of the car whilst you are non-compliant with a CCA request

Yours Sincerely

[N.P]

Nice one guys,

 

Yep, rik, they can not just come and take away the car, unless you simply hand it over, it is called stealing!

 

This is clearly now in dispute and they should not be attempting to reclaim the car or the debt. THEY are in default of your legal request!

 

Do not give in to them! You need to be strong now, they may already know they are putting the fear of god in to, so will keep trying.

 

Once you get a in dispute letter away, they will back off, as as the moment they think you don`t know what your on about.

 

You could also get a compaint into Trading Standards and the OFT. They probably won`t do anything but at least you will have acted accordingly.

 

Don`t foget to mention the Wilson Case in your dispute letter

 

Keep us informed matey

 

 

 

N.P

[Dipply75]

Sorry, that was a long mo! Template to send:

 

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

 

You should also add in that you are reporting the recent behaviour of the collections agent (of which you have witnesses) to Trading Standards, the OFT and if attempted again, the police. Welcome now have 8 weeks from to resolve your complaint or you will refer it to the Financial Ombudsman for full investigation.

 

 

Anyone add nything else, lets kick them right back into touch

[rikk47729]

Does anyone have an email address for senior complaints or compliance. I am still getting threatening letters. Welcome have said that they will collect my car in 2 weeks despite all my letters!!!!!

 

HELP HELP HELP

[rikk47729]

Just a quick update,

 

Welcome have now taken the car from my home address, did not knock nor did they put anything through the door to say they had taken the car. Even tho the FOs are still dealing with it. Upon ringing them they could not tell me if they had the car or not so left me no choice but to report the car as stolen.

 

One to watch out for at WCF Matthew Armstong very unhelpfull very rude and vile.

 

They have refussed to give back the items in the car even tho they don't belong to me (Which I belive to be theft).

Edited September 17, 2009 by rikk47729
Add Something

[rikk47729]

Make no mistake even if you pay on time. They will find some excuse to repo the car etc that you own. WCF are moving away from the Car finnace side of the market and need to claw back every penny they can and will stop at nothing to get what they want even if it means breaking the law. The law means nothing to WCF they think they wrote the book and can change it to benifit the whenever it suits.

[postggj]

rikk47729

 

been in the back round

 

illegal repo

 

fancy getting all your money back with 8%

 

was it today they took the car

[moosehead]

welcome finance are vile - i sent a debt management plan to them along with an offer of a montly payment and they basically told me my budget sheet was fraudulent and i was being economical with the truth and also went on to say that because of the job i do i should be more honest about the figures i have submitted.

 

they have alos requested every bit of paperwork i have to substantiate my personal budger sheet - like they will be getting any of it.

 

I also sent the proposed amount to them by cheque which they cahsed and then said i still needed to make the monthly payment less the cheque amount.

 

I will be making a complaint about my account manager and wich to have no further dealings with him - the horrible little man.

[rikk47729]

rikk47729

 

been in the back round

 

illegal repo

 

fancy getting all your money back with 8%

 

was it today they took the car

 

They Took the car yesterday about 4.30ish I'am guessing as thats what a neighbour said.

[postggj]

have a nose and let me know

 

http://www.consumeractiongroup.co.uk/forum/repossessions/150726-car-repossession-welcome.html

[rikk47729]

have a nose and let me know

 

http://www.consumeractiongroup.co.uk/forum/repossessions/150726-car-repossession-welcome.html

 

I have had a breif look at your link do I just take the bit out about the 1/3 paymets. As you know it's long winded but on the old agreement I would have paid over 1/3 off the car (HP) but these figures where never included in the new agreement as the new agreement was for the same price as the old one.

[postggj]

did you send me a copy of both agreements

 

sorry but computer crashed and i lost all my data