welcome finance

[charliethegreyhound]

hi, just over five years ago we took out a secured loan with welcome, First we got the cheque of them before the cooling off period was up.second, six months into the loan i took ill and could not pay them,my wife got in touch with them and basically got grief of them. After a few months my wife rang them and was told to claim on the insurance, WE DID NOT WANT THE INSURANCE WHEN WE TOOK OUT THE LOAN AND MADE SURE THEY WERE AWARE OF THIS. My wife told them we did not have insurance. OH YES YOU DO ! said the nice young man (who seemed to disappear after this), my wife called into the office and asked them for copy of the agreement (as we never got one) and bless her she snatched the blue copy and the white copy which we still have somewhere an lo lots of different peoples writing on it but we only dealt with one person. third we keep getting chares off them for telephone calls (strange the dont have our number) letters and visits. we recieved a copy of a contract (which we have never seen before) on it it tells about these charges.When we signed the blue copy the charges contract was sneakily placed under it and our signatures are there but not on the dotted line and they gradually fade as happens with carbon paper is there anything we can do to GET them thanx

[postggj]

Is The Insurance Paying The Loan At The Moment

 

By The Way

 

Ticking The Ppi Box Later On Is Nothing New, Commission Muppetts, We Can Get There Copy Of The Agreement If Needed

[andie_303]

If your wife took both copies the blue one and white one - perhaps they do not have one at all???

[postggj]

Great Minds Think Alike Andy

[charliethegreyhound]

the insurance expired in dec 2008 and we are still paying for it

[charliethegreyhound]

they cant have an original copy cos weve got it,as ive been laid off short term we havnt paid them this year yet and as yet theres not been any threats yet but still worried

[postggj]

If They Have Not Got The Original, They Are Stuffed

 

Let Me Take A Punt

 

The Ppi Lasts Only 36 Months

 

The Loan Say

 

50 Months

 

So The Ppi Is Useless

 

Does Not Cover The Loan Period For Which You Are Still Payimg

 

Correct

[andie_303]

hmmmm - CCA request then send with £1 postal order registered post to their head office in Nottingham - they have 12+2 days to send you a copy of the original - as they don't have it they can't do that - and that = an unenforcable agreement

[postggj]

Dont Tell Them You Have Copies

 

Do A Cca Request For A Copy Of The Agreement

 

See What They Come Back With, If Any

[andie_303]

Did the PPI originally pay out??

[postggj]

Did the PPI originally pay out??

 

 

THATS ONE QUESTION IME EAGER TO KNOW ALSO

[andie_303]

has there been any default?

 

have you checked the land registry to see if they ever put a charge against the security??

[charliethegreyhound]

they paid for about six months and the again for three months a year later

[charliethegreyhound]

havnt heard anything about a charge only get letters asking us to get in touch with them

[postggj]

Why Was There A Break In Payments Of Ppi

What Reason Was Given

[charliethegreyhound]

sorry 2 seperate claims

[postggj]

So Why Was The First Pay Out Just For Six Months

 

What Reason Was Given To Stop Payments

[charliethegreyhound]

had a heart attack off work twice

[andie_303]

When I said charge - I assume your security is your house?? Have you checked they have registered the loan against your house as security??

 

You can do that through the land registry.

 

As the PPI has paid out (i'm in shock!!) you cannot argue it was mis-sold

 

However you may be able to argue it was not fit for purpose i.e. loan was xxx months but insurance was only 36 months.

[charliethegreyhound]

how do i find out if it was registered

[charliethegreyhound]

can anyone help about the charges for letters etc as they are mounting up

[charliethegreyhound]

what happens about the fact they DO NOT have the white copy

[andie_303]

You can ask the land registry for a copy of the charges listed against your home.

 

You can send them a letter asking for removal of unfair charges - the test case only means there is a stay on bank charges not these people! I will try and find you a letter to send them.

 

If they do not have a copy of your orignial agreement the contract is unenforcable - that means the debt exists but they cannot make you pay it!

[andie_303]

[Your address]

 

 

[Date]

 

 

[Name and address of bank]

 

Dear Sir or Madam,

 

 

Ref: Account number: [your account number].

 

 

I would like to request a refund of all the default charges that have been applied to my account. Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that the following [enter details of charges] are unlawful as they do not reflect the true cost of any activity.

 

 

You have taken [enter charges amount here] from me, plus interest and I would like to request repayment of this [enter total sum] sum.

 

 

Please repay this money in full. If this is not done, I will begin a claim against you for the full amount, plus interest and my costs.

 

 

Yours faithfully,

 

[Print Name] DO NOT SIGN ANYTHING!!!

[andie_303]

Your home address

Date:

 

 

 

Dear Sir/Madam

 

Account/Ref No:

 

With reference to the above agreement, I/we are requesting you send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

 

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12+2 days from the date above therefore this should be recieved no later than [insert date here]

 

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I/we look forward to hearing from you.

 

Yours faithfully

 

 

 

Your name. - PRINT DO NOT SIGN!!!