DLC/Young and Pearce claimform - old Welcome Finance credit agreement **WON DISCd**

[jb000]

I am thoroughly enjoying watching the slow and painful demise of these cowboys. I was stupid enough to buy a car from these people in 2004. I was 'sold' god knows how many insurances which were'nt worth the paper they were printed on as I was told no insurances no car. The car turned out to be a right lemon and 6 months later tried to make a claim on the mechanical insurance.

 

Insurance would not pay out, so had to get a loan from Welcome Finance to pay for the repair of THEIR car. Once again loan was stacked with PPI and other associated add ons which I said I did not want, however, again was told no insurances, no loan, I was at the mercy of these sharks.

 

About a year later, car went seriously wrong again, cue another Welcome Finance loan. This time they used part of the loan to pay the other loan off and the remainder once again to pay for THEIR property. I felt I was being conned but could do nothing about it as I needed a car for work and was tied to HP payments on a car which was barely roadworthy.

 

Some time later, car went wrong again and I said right enough was enough and told them to collect the car as they were not getting another penny out of me. They said they were not interested in the car itself, only the payments on the car and loan. By this time the car was on a public road, without MOT or insurance and broken down. I phoned them again and told them that they better collect their car as they were committing an offence for an unroadworthy vehicle to be on the public highway without insurance or MOT. I was screamed at, and I said right, the car will be scrapped this afternoon and you will not get another penny from me for either the car or the loan.

 

Got usual letters, visits etc and ignored them, changed my phone number and had just got another job so they did not have any phone or employment details for me.

 

Got letter from DLC Direct Legal and Collections with the usual threats. Requested CCA in November last year, heard nothing since.

 

I have a nice bottle of bubbly chilling nicely away in the fridge, when these cowboys are finally bust and brought to task, that cork will go pop.

[jb000]

I wonder if anyone can help me.

 

In early November 2008 I requested a copy of the credit agreement from a loan I took out with Welcome Finance in 2005. I requested this from Direct Legal and Collections DCA in Nottingham. After nearly six months, the paperwork was finally released to me.

 

The credit agreement consists of one page with no terms or conditions attached to it. (Trying to get hold of scanner at the moment, so unforunately I cannot display it).

 

The agreement is signed, has the total loan amount, apr etc. But one thing it does not have is the total amount repayable. My question is this, do credit agreements have to display the total amount repayable under the 1974 Consumer Credit Act as part of the prescribed terms, would this make the agreement unenforcable.

 

Many thanks in advance

 

jb000

 

I am also going to go for mis sold ppi as well as I was told no ppi, no loan.

 

I have until the 7th April to contact them, otherwise Direct Legal Collections will be going for a CCJ.

 

I want to get this into dispute before they do go for court action.

 

So any advice on the failure to put the total amount repayable, the lack of their terms and conditions and the mis sold ppi would be most welcomed.

 

Thanks

 

jb000

[cerberusalert]

You can put it in dispute because of the PPI.

 

If you have a digital camera you can get a decent image using 'macro-mode'.

[twofoot]

Don't do anything without getting other opinions first.

[miziwizzi]

subbing

[dx100uk]

i suggest you get this moved to & do some reading in the welcome finance forum.

 

if you cca'ed the dca, then 6mts is way to long to of waited, oh and dont worry about that ccj threat, thats all it is a threat-o-gram.

they have no legal powers.

 

get that claim in for the ppi to welcome, then the a/c will be indispute anyhow.

 

dx

[jb000]

Thanks for advice. Could a moderator please move this thread to the Welcome Finance subforum.

[andie_303]

I wonder if anyone can help me.

 

In early November 2008 I requested a copy of the credit agreement from a loan I took out with Welcome Finance in 2005. I requested this from Direct Legal and Collections DCA in Nottingham. After nearly six months, the paperwork was finally released to me.

 

The credit agreement consists of one page with no terms or conditions attached to it. (Trying to get hold of scanner at the moment, so unforunately I cannot display it).

 

The agreement is signed, has the total loan amount, apr etc. But one thing it does not have is the total amount repayable. My question is this, do credit agreements have to display the total amount repayable under the 1974 Consumer Credit Act as part of the prescribed terms, would this make the agreement unenforcable.

 

Many thanks in advance

 

jb000

 

Hopeyfully PT2537 will pop by - I think but am not 100% sure he told another Cagger on here if there was no charge for credit agreement was null and void.

 

It is somewhere is this thread

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/109794-welcome-finance-new-post.html

 

I'm sure it was in february - apologies for not looking for it to copy and paste but this thread is very long and it would take me all day but if you have the time (and the patience) knock yourself out the answer is in there.

[andie_303]

Sorry it was peterbard that gave the advice I'm trawling for it now - give me 2 secs

[andie_303]

http://www.consumeractiongroup.co.uk/forum/welcome-finance/109794-welcome-finance-120.html

 

here post 2394 - and the if it matches yours the letter to send them is post 2443 3 pages along.

 

Hope this helps

[jb000]

Andie_303

 

Thank you so so much, you are an absolute star (scales are clicked)

 

That is exactly what I am looking for. My agreement is exactly the same as that one - albeit unsecured.

 

I will send the letter off first thing Tuesday morning recorded delivery of course.

[andie_303]

Of course

 

Well done - score another one for CAG

[jb000]

In order that I don't want to look like a fool and maybe thinking I am jumping the gun when I send off the letter as I am new to this, I just want to double check with you all what is on my agreement.

 

I have to type this as I have no scanner.

 

Amount used to settle existing loan 1196.83

Amount for new cash advanced 803.17

Medicare 24 150.00

Optional Payment Protection Insurance 687.41

Amount of Credit 2837.41

Acceptance Fee 75.00

Total Amount of Loan 2912.41

 

Amount of Monthly Payment 133.46

APR 45.5%

Rate of Interest 3.0% a month

Estimated Repayment Period 36 months

 

That is the only financial info displayed on credit agreement

 

Agreement signed on 07/04/2005.

 

Looking again at that other agreement mentioned earlier, it does look slightly different, so I just wanted to double check before I go in all guns blazing.

 

Many thanks

 

jb000

[jb000]

I got accepted for a loan in May 2005 with Welcome Finance.

About a year later, I hit financial difficulty and told them that I could not afford to pay the monthly payment but will negotiate a lower repayment.

 

To cut a very long story short, I was threatened with allsorts and treated like a criminal,

I just had enough and told them to go and whistle for the rest of their money.

 

Since 2007 the debt has been going around the usual debt collectors and was contacted by Direct Legal and Collections in October 2008.

 

In early November, I cca'd them, but heard nothing until late last month when they produced the CCA.

 

I had also been mis-sold ppi on the loan - was told no ppi, no loan.

 

When I looked at the CCA, certain information was missing.

 

No total charge for credit

No total amount repayable - key financial information

plus

No date set for repayment - implied term

 

I wrote to DLC and told them that the account was in dispute due to the mis-sold ppi and the credit agreement being unenforceable, plus I questioned their unlawful charges on the account.

 

Today I have received a County Court Summons from Northampton Bulk Centre via DLC and their pet solicitors Young and Pearce.

 

I fully intend to dispute this and wonder if anyone can help and advise me to get things started.

 

Many thanks in advance.

 

jb000

[steven4064]

OK jb

 

First thing, acknowlede service, tick the box saying you will defend all of the claim.

 

You then need to start getting a defence together. THis will be based on the unenforceable credit agreeement (we need to check this, can you post the agreement with personal details removed). We could also do with looking at any default notice you have been sent because WF have ahabit of getting them disatrously (for them) wrong

 

At the same time, we will put in a counter claim for mis-sold PPI and unlawful charges.

 

THis is going to be fun

[jb000]

Many thanks Steven for your quick response.

 

Getting hold of a scanner tomorrow so I will have credit agreement displayed on this post.

 

Just found default notice so I will display this as well once scanner is up and running tomorrow.

 

Any advice when these are on display would be most welcomed.

 

jb000

[steven4064]

I'll keep an eye out

[postggj]

is this dlc who have brought the n1 claim

 

they are well aware on the short commings of early welcome agreements,

present company included.

 

thats prob why they have gone for a ccj .

 

you are in good hands with stephen.

 

not meny of us on the forum like welcome very much and giving you a belated victory dance

 

enjoy the ride and give some dca bashing

[steven4064]

Hang around postggj, your input will be welcome too.

 

 

Nothing here pleases me more than getting justice from WF (except perhaps doing the same to MBNA and Brighthouse )

[jb000]

I have finally managed to get default notice and credit agreement scanned. As I am new to this it's taken longer than expected.

 

Thanks jb000

 

http://s635.photobucket.com/albums/uu76/jb00000/?action=view&current=wfdefault.jpg

 

wfcreditag picture by jb00000 - Photobucket

Edited May 15, 2009 by steven4064
repairing link

[steven4064]

The DN may well be dodgy because, in the emphasised text it talks about "the date shown" but there is no date - all it says is "within 14 days" but not from when. From the date of receipt? From the date of the notice?

[jb000]

Looking at the default notice, is does seem strange that there is no date shown apart from the date of the default notice itself.

 

Has anyone had the chance to look at the credit agreement. It does look really amateurish and the more I look at it, the more I feel that there may be something wrong with it.

 

Any help would be gratefully appreciated.

 

jb000

[postggj]

its your lucky day

ive seen some bad agreements in my time.

 

let me go over each one over the weekend and ill get back to you

 

 

i thought my agreement was bad but yours

 

o happy days

 

cant comment any more until confirmation

[postggj]

its your lucky day

ive seen some bad agreements in my time.

 

let me go over each one over the weekend and ill get back to you

 

 

i thought my agreement was bad but yours

 

o happy days

 

cant comment any more until confirmation

[sillygirl1]

I think the agreement is suspect in several places but I will let postggj deal with that as they are the expert here. Welcome are on dodgy ground anyway so that might go in your favour.

 

As for the default notice it stinks - and again may be a 'recent reproduction' rather than the real thing.

 

I am around until about 3pm today and on and off tomorrow to give some help here.