Donners vs Welcome finance

[donners21]

Another question......(soooo sorry)

 

What Will happen if welcome supply my credit agreement once they have defaulted?

Will the debt still be unenforceable?

 

Thanks:D

[citizenB]

now i am completely confused!!

 

I have just read they have 12 days to find agreement then it is an offense but have 1 callendar month after that to provide it and that means its still 100% enforceable?

 

I am sooo sorry for being a pain I just really want these cowboys off my back

 

Thanks Guys

 

 

No donner, this is not strictly accurate. They have 12 working days plus 2 to provide the document you have requested. There is no further month. That was repealed in the 2006 amendments.

 

If they dont provide the agreement within the timescale then they are in default. Whilst in default they should not pursue it but they will. You can report them to the OFT and or Trading Standards.

 

IF they come up with the document after a length of time then they are allowed to continue with collection activity.

 

If they do find a document then you would look to see if it was compliant with the regulations.

 

Only a court can say whether an agreement is unenforceable. If they dont have one at all then that is a different matter.. but you will have to get them to say they DONT have one at all and it could come down to a court appearance to have this sorted out.

 

This is not going to be a quick result.

[citizenB]

I suggest you read some of the threads in the Welcome forums and see what other people have done.

[IdaInFife]

I'll second CB's advice exactly.

 

what companies do whilst in defualt is normally opposite what they are supposed to do.

 

Don't be scared if they come back to your door (there is noreason for them to go to your parents as stuart confirmed you live there) keep a copy of the doorstep letter to hand and if they come back just politley advise them that you have already advised them that you will not discuss this by phone or in persona dn in writing only and hand them the letter and close the door. then when the door is closed, laugh like a hyena making sur they can hear you

 

Ida x

[donners21]

Thanks guys!

 

I reckon they probably will still have my agreement, so I will still be persued!

 

I really don't want to have to go to court because of this!!

 

I thought they couldn't take you to court if account is in dispute?

[IdaInFife]

they shouldnlt but they do but it's a long way of before even mentioning court yet.

 

if they do come up with an enfoceable agreement then you can make a payment proposal with them

 

your doing fine, just the creditors and dca's are total twats and think they are above all regs and guidelines

 

ida x

[donners21]

Thanks Ida, still need help with sending a good letter re the DPA thing I don't know what rules and regulations go with it it would be good if someone could help with a template....

 

Any suggestions anybody? PLZZZZZZZ:)

[citizenB]

Donner, I am not quite sure I understand what you mean by the "DPA thing"

 

Do you mean a letter to stop processing your data ?.. in which case there is a letter in the following link

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent.html

 

Or do you mean and SAR request whereby you request all data in respect of your relationshiip with the Credit Card Company, which is in the following link.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

 

Both letters will need adapting to your individual circumstances

[donners21]

no I mean help to write them a letter as they were discussing my account with my mum and dad and leaving explicit voicemails saying they are going to legal action due to arrears etc (i recorded that voicemail)

 

Thanks

[citizenB]

no I mean help to write them a letter as they were discussing my account with my mum and dad and leaving explicit voicemails saying they are going to legal action due to arrears etc (i recorded that voicemail)

 

Thanks

 

Ah, I see. I think you would need to make a complaint direct to the Information Commissioner's Office in respect of that.

 

YOu can download a complaint form from their website which is here

 

Information Commissioner's Office - ICO

[donners21]

citizen b you need paerwork to complain there i think.

[donners21]

I wrote to the OFT please see the response i got Thank you for your enquiry.

 

Subject access request is term some companies' use when individual

request details of information the company holds about them.

 

You are correct about the 12 day rule. If further month passes after the

12 days have lapsed Welcome Finance will have committed an offence and

you can report them to Trading Standards. The following extract from our

information system may be of some use to you in respect of this matter -

 

A client is also entitled at any other time to receive from the credit

provider information about a current credit agreement (as long as it is

not a non-commercial agreement). The request must be made in writing and

the client should make it clear that s/he is making the request under

the Consumer Credit Act 1974. A small fee is payable. The credit

provider has to provide, within twelve working days:-

* a copy of the original agreement. This must be a 'true' copy,

not necessarily an exact copy (it need not include the date nor the

signature of the client), and the credit provider could produce a copy

from her/his computer records and print it out on an appropriate

proforma; and

* a copy of any other documents referred to in the agreement; and

* a statement signed by the credit provider showing the amount

already paid by the client, any arrears and the total sum payable.

 

If a creditor fails to provide the documentation within the prescribed

time (twelve working days), the agreement cannot be enforced until it is

provided. If a further month passes after the prescribed time (that is,

twelve days and one month from the date of the request) and the creditor

still fails to provide the documentation, s/he commits an offence. The

client should report this to her/his local authority trading standards

department. If an agreement made before 1985 is lost, the credit

provider has only to provide a statement of the current terms of the

agreement. As no signatures need appear on the copy, a client cannot

rely on the fact s/he has not been provided with a signed copy to deny

liability. However, if the client is denying that s/he ever signed the

agreement, the credit provider would have to provide evidence that the

client did sign the agreement.

 

With regards to the visits/calls you are still receiving from Welcome

these should have stopped given that you have specifically requested

that this should happen. We have attached a copy of the sample letter we

give to clients who are being harassed by creditors, you may wish to

incorporate some the contents into the letter you intend to send on

April 28th.

 

If the visits/calls continue you should contact Trading Standard and/or

the Financial Ombudsman Service. Contact details as follows -Thank you for your enquiry.

 

Subject access request is term some companies' use when individual

request details of information the company holds about them.

 

You are correct about the 12 day rule. If further month passes after the

12 days have lapsed Welcome Finance will have committed an offence and

you can report them to Trading Standards. The following extract from our

information system may be of some use to you in respect of this matter -

 

A client is also entitled at any other time to receive from the credit

provider information about a current credit agreement (as long as it is

not a non-commercial agreement). The request must be made in writing and

the client should make it clear that s/he is making the request under

the Consumer Credit Act 1974. A small fee is payable. The credit

provider has to provide, within twelve working days:-

* a copy of the original agreement. This must be a 'true' copy,

not necessarily an exact copy (it need not include the date nor the

signature of the client), and the credit provider could produce a copy

from her/his computer records and print it out on an appropriate

proforma; and

* a copy of any other documents referred to in the agreement; and

* a statement signed by the credit provider showing the amount

already paid by the client, any arrears and the total sum payable.

 

If a creditor fails to provide the documentation within the prescribed

time (twelve working days), the agreement cannot be enforced until it is

provided. If a further month passes after the prescribed time (that is,

twelve days and one month from the date of the request) and the creditor

still fails to provide the documentation, s/he commits an offence. The

client should report this to her/his local authority trading standards

department. If an agreement made before 1985 is lost, the credit

provider has only to provide a statement of the current terms of the

agreement. As no signatures need appear on the copy, a client cannot

rely on the fact s/he has not been provided with a signed copy to deny

liability. However, if the client is denying that s/he ever signed the

agreement, the credit provider would have to provide evidence that the

client did sign the agreement.

 

With regards to the visits/calls you are still receiving from Welcome

these should have stopped given that you have specifically requested

that this should happen. We have attached a copy of the sample letter we

give to clients who are being harassed by creditors, you may wish to

incorporate some the contents into the letter you intend to send on

April 28th.

 

If the visits/calls continue you should contact Trading Standard and/or

the Financial Ombudsman Service. Contact details as follows -

Why did they say after a further month?

[donners21]

this is the attachment

Dear Sir/Madam

Account number:

I am writing to complain about [insert the name of the collector if known and details of the actions or events that are causing the problem].

I have been advised that, under the Consumer Protection from Unfair Trading Regulations 2008, it is an offence to engage in aggressive commercial practices, including the harassment of debtors by making demands for payment in a manner that causes unreasonable distress, fear or embarrassment.

I believe that the actions/events described above may be considered harassment. I am therefore asking you [or name of collector] to stop this action immediately.

In future, please contact me [insert preferred contact method, for example, by letter].

If you ignore this request or continue to act in this way, I will make a formal complaint to the Financial Ombudsman Service.

Yours faithfully

[Name

[blueda]

Donners, you say they are discussing your account with your Mum and Dad, keep a record of that to possibly use against them, do you stay with your Parents or are they harrasing them at a seperate address ?.

[blueda]

Record the calls to your Parents if possible, and also again with your parents co-operation that they ask the callers name so as to build a case of harrasment against the creditor.

[donners21]

dont think they will be able to, i put them down as referees not as people to chase!

 

yes they live at a seperate adress, i supose i can start getting them to take names and times.

 

thanks blueda

[postggj]

hi donners

 

this is outragiouse

 

the two people who welcome have on file are only to be used if they are unable to contact you

 

this is the fear factor trying to intimidate you

 

i think a letter to the oft is in order

[donners21]

tell me about it i am so stressed out i am terrified it will be my work they contact next!!

 

does someone want to help ma draft a letter to the oft?

 

thanks

[postggj]

this thread has been going on a while,

tell me, did you get a copy of your agreement

was it by a cca request, when did you send it

when did you send your sar

[donners21]

hi post

sent my cca 9th april recorded and £1 fee they received on 10th they have til tuesday, my letter dispute letter will be sent 29th.

 

They sent me a letter saying I made a SAR when i did nothing of the kind!

 

I have complained to financial ombasman today so we can wait and see the result for that aswell.

 

I am so stressed about this because I really don't want to have to go as far as court.

[donners21]

i just remembered i did not keep a copy of the letter i sent saying i would not pay until i received a detailed direct debit mandate!!

 

 

do you think this will matter?

[donners21]

just remembered i havent kept notes of dates and times of phone calls for arrangement made!!!

 

what am i going to do, just make basic notes of rough dates?

[postggj]

no pami donners

 

lets see the agreement and any good tit bits first

 

its a waiting game ime afraid

[donners21]

Post

 

Regarding the subject access request.... when should i do this?

 

When credit agreement has been reeceived?

 

Will a subject access request include any letters and transcipts of phone calls or will they just give me what they feel like?

 

Thanks

[postggj]

allways send a sar

 

it will give you every thing the credit company has on you

i mean every thing

send recorded delievery

print your name, dont sign

use a ten quid postel order