Donners vs Welcome finance

[donners21]

Hiya

 

I am new to this so I need your help!!

 

I borrowed £2000 with a welcome finance loan I have paid about £1000 off of it and it is sitting about £5000 at the moment!!

 

I defaulted a few months back when my partner lost his job, I then dealt with gregory pennington which again i was still struggling with repayments!!

 

To cut a long story short they are now calling up my parents saying I might be going to court.

 

I called them back and agreed to pay £20pm and asked for Direct Debit Mandate as didn't want to set it up over the phone, when I recived it was blank no ammount or date so i wrote a letter to advise i will not pay until i recived a detailed 1 as i don't want to give them access to my account with no confimation of what and when will be taken.

 

Last my mum and dad were receiving calls again telling them i might be going to court and trying to find out where i am working, i then recieved recived a voice message saying they were from welcome finance and they are looking at taking legal action against me due to the arrears on my account, anyone could have heard it!!!

I have recorded it and called them back and asked to speak to a manager which i am still waiting the call back.

 

But is this not breaking the data protection act? if so can i have a letter template to tell them this??

As this is now a disputed debt as far as i am concerned!!

 

Also I have heard a lot of their credit agreements are not enforcable, can anyone help me with this??

 

I want to get these Cowboys to leave me alone, I am so worried they will get my works number and call me there and disclose my info to a coleague.

 

Sorry for rabbling but I am soooooo stressed!!

 

Please HELP!

 

Thanks

Edited April 7, 2009 by donners21

[donners21]

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Join Date : Apr 2009

Posts: 1

 

 

Donners vs Welcome finance

Hiya

 

I am new to this so I need your help!!

 

I borrowed £2000 with a welcome finance loan I have paid about £1000 off of it and it is sitting about £5000 at the moment!!

 

I defaulted a few months back when my partner lost his job, I then dealt with gregory pennington which again i was still struggling with repayments!!

 

To cut a long story short they are now calling up my parents saying I might be going to court.

 

I called them back and agreed to pay £20pm and asked for Direct Debit Mandate as didn't want to set it up over the phone, when I recived it was blank no ammount or date so i wrote a letter to advise i will not pay until i recived a detailed 1 as i don't want to give them access to my account with no confimation of what and when will be taken.

 

Last my mum and dad were receiving calls again telling them i might be going to court and trying to find out where i am working, i then recieved recived a voice message saying they were from welcome finance and they are looking at taking legal action against me due to the arrears on my account, anyone could have heard it!!!

I have recorded it and called them back and asked to speak to a manager which i am still waiting the call back.

 

But is this not breaking the data protection act? if so can i have a letter template to tell them this??

As this is now a disputed debt as far as i am concerned!!

 

Also I have heard a lot of their credit agreements are not enforcable, can anyone help me with this??

 

I want to get these Cowboys to leave me alone, I am so worried they will get my works number and call me there and disclose my info to a coleague.

 

Sorry for rabbling but I am soooooo stressed!!

 

Please HELP!

 

Thanks

[citizenB]

Donners, I have moved your thread to the Debt Collection forums, where you will receive more advice.

 

First of all, do not speak to these people on the phone. From now on everything must be kept in writing. If they were going to take you to court, they would have sent you a claim form already. Apart from which, there is a procedure which they must follow. They are attempting and succeeding in frightening you.

 

First of all, you must send them the telephone harrassment letter in the link below.

 

http://www.consumerwiki.co.uk/index.php/Harassment_by_telephone

 

Your parents should just refuse to speak to them. They too, however can make a complaint in their own right.

Edited April 7, 2009 by citizenB

[blueda]

Hi Donners, they are breaking the Data protection Act, Welcome finance should not be discussing your debt to anyone else but you. Thet have racked up a big sum in interest. There is a letter template on this site regarding telephone harrasment which i will look up and get back to you.

[donners21]

thank you, what happens now they have broken the data protection act? will they stop chasing my debt due to haven broken the law?

Can they still take me to court?

[citizenB]

I see that you have a facility to record telephone calls. Good, keep them and also a log of the date and time that these calls are made and also to your parents phone.

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[blueda]

I would say they have gave you some ammunition for starters, take it one step at a time, here is the link.

http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harrasment-telepphone.html

[citizenB]

If you want to find out if there is a valid agreement between you and Welcome FInance, then send the letter in the following link

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter.html

 

Enclose a £1.00 postal order and print your name. Do not sign as usual. Send the letter recorded delivery at the very least so you have proof of posting and also proof of receipt

 

The company has 12 working days + 2 days for postage to reply to your request. When you have a response from both your telephone and CCA letters, post here and you can be advised further.

[donners21]

Thanks very much for this!!

 

I have prepared my letter just need to get to the post office at some point this week!!

 

Hope this works!!!

 

Thanks;-);-)

[donners21]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

 

I live in Scotland, do I just remove dthe English bit and write scottish?

 

I must sound really thick!"!!!

[cerberusalert]

I'm not sure how it stands in Scotland, hopefully one of the others will be able to comment shortly.

[citizenB]

Donners. My apologies, I totally missed the fact that you were in Scotland. So I have moved your thread over to this forum. I have also merged your other thread re Welcome finance.

 

Dealing with Debt in Scotland - The Consumer Forums

 

Someone will be able to put you right over there.

Edited April 7, 2009 by citizenB

[IdaInFife]

unfortunatley the doorstep paragraph doesn't apply to Scotland but most companies are not aware of it.

 

ida x

[donners21]

thanks everyone!!

 

Hve prepared my letter just changed the english bit to scottish but left the door step collectors bit on there.

 

Sent my boyfriend to the post office today for my postal order will put it all together tonight and get him to send it recorded delivery tomorrow!!

 

When I get a reply I will post copy of the letter and credit agreement for someone to help me out with it!!

 

Does anyone know where I stand with the Data Protection Act thing?

 

Thanks again everyone for all your help and support I will keep you posted!!

 

Thanks

 

Donners

[IdaInFife]

re DPA, I would send them a strongly worded letter to the head office regarding this and state in the letter this has cause your parents and yourself distress.

 

Ida x

[donners21]

Got another letter today saying I have been passed to the collections department now!!

 

Can someone please give me an example of what to write regarding DPA issue?

 

Thanks for all your help!!

[donners21]

Does anyone know about welcome's PPI as that's another thing, I was forced to take out their PPI in order to get the loan, is there anything I can do about that?

 

Thanks

[IdaInFife]

yes, if this has been missold you can try to claim it back

 

PPI - Consumer Wiki

 

Ida x

[donners21]

Got another letter from welcome today to say they are processing my subject access request, I sent the letter on the 8th what date do they have to to actually provide?

 

When I get it who do I show it to?

 

Will I start another thread? HELP!!!

[donners21]

When should I send the letter regarding DPA?

 

Will I send it now or wait until I have recieved my Credit agreement and tell them they have broken my agreement as they have broken DPA or what do I do with that?

[IdaInFife]

Hi Donners,

 

You say you have received a letter saying they are dealing with your sar?

 

did you send a cca - which they have 12 + 2 days

or sar whcih they have 40 days#

 

you can send you letter of complaint at any time

 

ida x

[donners21]

I don't know.... just copied basically what cerberusalert wrote.

 

They wrote this back

 

Dear ...

 

RE:Subject access request acc no0101010

 

Thank you for your letter recieved 16th april (although I posted it on the 9th) making a subject access request.

 

We acknoledge reciept of the processing fee and are pleased to ing=form you that your request is being processed.

 

If you have any further queries, please do not hesitate to contact me at the above address.

 

Yours Sincerely

 

blabla bla

 

What does this mean? are they trying to buy themselves more time or was it a subject access request I have made? I am soooo confused

 

Thanks

[donners21]

Ida

 

They phoned me today aswell, are they allowed to do that while processing my request?

[citizenB]

Ummm, they dont appear to know what they are talking about.. if it is the letter from post 11 you sent then that was a CCA request, you enclosed a £1.00 postal order yes ?.

 

They have 12 + 2 working days to provide you with a copy of the agreement. Did you send it recorded delivery, in which case you can check when they received it on RMs track and trace site.

 

You also included the telephone harassement letter within that request so they should really stop the calls.. however, it will probably take a while for it to sink in.

 

You should refuse to go through any security questions with them if they do phone, in which case they should just hang up and not continue with the call.