Donners vs Welcome finance

[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

[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.

[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.

[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

[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.

[citizenB]

Yep, that is the CCA request which was correct for you to send.

 

So I reckon they have lost the plot entirely.

 

Did you send it Recorded Delivery ?. If so then check on the Royal Mail website track and trace line. Using the number on the receipt the post office gave you, you will see when they actually did receive it. Count 12 working days from then. If you havent received any thing after that date, then you can send them a non compliance letter and include the S10 notice (notice to stop processing your data) at that time.

 

If what they say is true and they didnt receive it until the 16th then you need to give them until 8th May.

[citizenB]

OK was delivered on 10th!

 

So am I right in saying if I don't have it by Monday to send a non compliance letter on the tuesday?

 

Thanks

 

tsk, tsk..naughty, naughty.. Yep, Monday, 27th is correct.

[citizenB]

Ida

 

What do you mean same rules apply (I must sound really thick)

 

Does that mean they have 12days?

 

Thanks guys you are an absolutley amazing help I am sitting giggling and praying that they don't send me my agreement by Monday!!

 

Thanks xxxxxxxxxxxxx

 

Print your name, If you do sign, then either put a line through it or make it so different that you would know it again should it turn up on another document In fact, if you chose that method, take a photocopy so you can prove it if needs be.

[citizenB]

If you receive anything from them before you have posted your letter then report here first so we can advise you further.

[citizenB]

[citizenB]

You didnt let them in did you ?

 

I think you sent them a letter (post 7) I think.

 

They cant force their way in, they are not bailiffs/sherrif, so I shouldnt worry too much. If they have indicated they will be back, print off the letter from post 7 (doorstep visits) and just hand it to them and tell them to go away.

 

I am sure someone else will be along to reassure you.

[citizenB]

Donner, I understand you are worried. But dont phone them. If they turn up at your parents then they should advise the caller unless they remove themselves, they will call the police.

 

This person cant do anything. You really have no need to be frightened.

[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.

[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

[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