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More Welcome trouble (calls, letters through etc..)


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Hello folks!

 

I've spend days reading through the multitude of threads on these forums, not only about Welcome, but in general. And I must say that it's all a bit overwhelming in content quantity more than anything else.. so please accept my apologies for simply resorting to starting a new thread that may or may not cover existing ground and in hoping to find some individual advice on my situation.

 

Basically, I took an unsecured loan with Welcome Finance early 2008 for £4000 to buy a car and to repay some money to my mother. I took another loan from them in October 2008 for £6500 to cover the existing loan and also to provide me with enough extra to carry out some repairs to the car I'd bought (I don't seem to have much luck with cars..) and to fund a holiday.

 

I made one payment and then managed to be dismissed from my job. I wrote to Welcome explaining what had happened and that I would be trying to rectify the situation as soon as possible. I'd also been forced to take out PPI (I was told I couldn't have the loan unless I took it) but in communication with Welcome after I lost my job, I was further informed that the PPI didn't cover dismissal. I had the PPI removed from the loan (the PPI was £80 a month..)

 

I've had no luck in finding a new job, and whereas I've been able to make a few nominal £20/50 payments and one full payment last month (£295) where I ended up borrowing from my already-burdened mother, I'm now in a situation where I'm receiving several phone calls a day, at least one answerphone message stating it is urgent I call them before a certain time etc. Also I've had the lady I signed the loan with turn up on my doorstep (never when I've been in, thankfully) wanting to discuss the issue, sometimes they don't even ring the doorbell but just push the letter through saying they called and I wasn't in. They've also taken to calling my elderly aunt making enquiries as to my whereabouts (she was down as an emergency contact on my agreement contact details). The current letters being pushed through the door state I have arrears of one month. Obviously, I owe more than this as I've only been able to make two full payments since October, but it's seeming like an endless torrent of pressure.

 

I'm not the most outgoing of types and whereas I wouldn't say I was unstable, I do suffer from bouts of shall we say.. lack of confidence and motivation, but I can't help but feel that the constant pressure and demands are setting me back further in my attempts to find work. Some vicious cycle that I'm seemingly unable to get out of.

 

Obviously it's not that I don't want to pay the loans back (I also have two other personal loans, one being collected by a very understanding HFC - who have ALWAYS been nothing but courteous and helpful to me, and one to Mackenzie Hall collecting on behalf of Lloyds TSB for an account years and years ago), I am just simply not in a position to be doing so (nobody else is getting regular payments either, for the record), I struggle to even make £20 payments to show willing. My only income is jobseekers allowance and that is eaten up almost entirely with car insurance, phone bill, fuel and food. I'm lucky that I am living with my mother, otherwise I literally would be on the streets.

 

Sorry for rambling... I've been meaning to sign up here for a while, but it's getting to the stage where I simply can't carry on as I am. I need to make some positive change and address all issues. Obviously, finding a job will ease a LOT of these problems, but I'm hoping for advice re: how to satisfy Welcome to a point where they stop calling my relatives and pushing letters through the door. Annoyingly, I'm aware of the additional charges they are accruing to my account for this, adding even more money to the amount I am unable to pay. Way to go, Welcome Finance!

 

I enquired to one of the national debt helplines about the option of the a Debt Relief Order, but my total debts come to a few hundred short of the £15k cut off, and with the rate Welcome are tearing through charges, I was told it was unlikely and unadvisable to go for that. I've been struggling with debt for years, even when I was working and making regular payments (the HFC and Lloyds loans go back to 2001..) and to be honest, I'm wondering if it'd be worth me attempting bankruptcy, just to be given a second chance or a new lease of life. I'm aware that my debts.. comparatively to some others I've read about, are insignificant, but I don't know..

 

I've definitely written too much now, but yes, any advice would be welcomed with open arms and ears. Thanks so much if you've read this far.

 

Yours, frustrated, confused and concerned..

 

-D.

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Also just made a thread in the insolvency solutions forum, more in tune with the latter paragraph of this thread. To try and keep the issue seperate;

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/201583-contemplating-bankrupcy-small-amount.html#post2194174

 

Thanks in advance for any/all advice.

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hi d and welcome

 

for a start

 

dont start any more thread on this subject as you will lose advice

 

can a mod merge the two threads

 

right back to biz

 

a great meny of us have been conned by welcome on the forum and you can get even

 

they are no more than a loan shark outfit hiding behind a consumer credit licence

 

 

give me 10 mins and ill post every thing you need

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HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

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 the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

 

you need also to send an sar

 

i would go straight to this rather than a cca request to get all the info welcome have on you

 

this will cost ten quid by postel order and print, never sign your name

 

 

welcome are not allowed to contact ref unless you have done a bunk

 

this is way out of order

 

 

CAN A MOD POST A LINK TO THE CAG TEMPLATES

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Hi, you say you are paying an old debt to Mackenzie Hall? how old is the debt - that lot are renowned for trying to collect statute barred debts i.e. more than 6 years old.

 

You should send a CCA request to them, enclose a £1.00 postal order and send by recorded delivery to make sure they get it! Keep a copy of the letter and proof of posting, then check on the Royalmail website a few days after posting to print off the signature receipt. Keep all together safe.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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postggj, Thank you for your response! To be honest, phone calls are the least of my concerns. We let the answer phone take all the flak so I've never actually picked up the phone to Welcome when they've called. When I informed them in writing of my unemployment I also asked them to contact me solely in writing and never by telephone. Would a modified version of the above template also work? (requested in writing, as opposed to verbally etc)

 

What purpose would the SAR serve to me at this point? I'm not disputing the debt that I stupidly got myself into (although the charges are ridiculous, I knew this.) more just trying to manage, somehow. Thanks for all your help! I really appreciate it!

 

---

 

Ell-enn, the Mackenzie Hall debt refers to a merged Lloyds TSB overdraft and personal loan dating back to around 2001-2002-ish (when I say I have been ridiculously irresponsible with my finances, I mean.. I don't really have any records of what I owe. Foolish boy.) The debt was passed from Lloyds to 1st Credit with whom I had an agreement with, with the turbulent nature of my finances, I defaulted and they passed the account to ScotCall, who I paid a smaller amount for a while until again, it all fell apart. They then passed it back to 1st Credit and again I maintained payments for a short while until THEY cancelled/failed to collect a direct debit (I did NOT cancel the DD) and claimed I had defaulted and refused to talk to me about it saying they had already passed the account on to Mackenzie Hall, which is where I am now.

 

I just quickly looked up statute barred debts, and am I right in thinking that this can only happen when no payment has been made on the account in the 6 year period? I've obviously been making payments as regularly as I can, the most recent being a £50 payment about 6 weeks ago.

 

Again, I don't know what a CCA request is or what purpose it would serve. Total newbie and as I think is becoming evident.. clearly have no clue what the hell I am doing :)

 

The HFC debt also dates back to 2001. The actual loan itself was missold (I later learned that I should never've been allowed the loan as my date of birth had been incorrectly recorded with the wrong year, making me seem older than I was..), I did however renew the loan around 2003/4-ish (again, no records. It was at this time I found out about the wrong d.o.b thing, though..) The most recent payment I made on this account was again £50 around 6 weeks or so ago. To be honest, despite the fact I owe near enough what I took out originally (£4k for my first car/insurance - 4 cars ago!), I have no qualms with HFC. As I've said, they've always been patient and understanding. When I got in touch with them to make the most recent payment I queried the letter I had sent them explaining what was going on and the guy said that they do actually have a policy/department that dealt with replying to letters of the ilk but apologised for the lack of an explanation as to why I hadn't received a response and that I'd been chased with phonecalls. No calls from HFC since, I add. But yes, another old debt that I have made payments on, so I presume again.. no chance of this statute barred thang.

 

Thank you again for all your help so far, I feel a lot more in control being open about my concerns and situation. I know that my actions are mostly attributed to childishness and a general carelessness to date, but I really do genuinely appreciated your advice and assistance in me trying to turn this around somehow, by hook or by crook!

 

-D.

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Oh and this is the other thread I started about bankruptcy and options I may have. I am not afraid of BR.

 

D____ says:

"Hey folks,

 

I've just made a post in the Welcome Finance sub-forum about some issues I'm having making payments to them, and about trying to stop phone calls/doorstep visits etc. That thread is here;

 

More Welcome trouble (calls, letters through etc..)

 

But following on from that thread.. I'm wondering if bankruptcy really would just be the best option. I've spent what seems like my entire adult life struggling along and barely making payments month in and month out (even when I was in full time employment) and whereas my total debts are, in the grander scheme of things, pretty much super-low (total debts equate to just under £15k..) I just feel like I am forever going to be struggling along. I had a friend who did the bankruptcy thing a few years back and she swore it was the best thing she ever did)

 

Now, I am 27. I have no ambitions to be a house-owner or to need any credit in the foreseeable future. I just want to be able to work honestly and pay my way in a genuine and affordable manner.

 

This is the breakdown of my debts as of last week;

 

Welcome Finance 7178.99

HFC 3034.00

Capital One 236.30

Mackenzie Hall 4163.51

 

Total 14612.80

 

(This will've gone up since last week as we all know Welcome love their charges.)

 

The interest/charges are frozen on the HFC/Mackenzie Hall accounts (I've had these since roughly 2000/2001)

 

I'm currently unemployed (having been dismissed from my job late October last year) and struggling to find something else (not helped by the stress and pressure being generated mostly by Welcome Finance..) and obviously, finding a new job would go a LONG way to relieving the situation somewhat, but I'm just aware that this cycle of debt will continue significantly onwards and onwards and that I will simply never achieve anything much, or escape this torment. No sympathy expected, obviously debt is self-administered/created but.. looking for a way out.

 

Would I be an idiot to attempt bankruptcy or could it actually save my life?

 

Yours,

 

-D."

---

 

 

Dodgy Geezer says:

"I would advise against BR at the moment in your situation.

One step at a time.

Have you applied to your creditors for copies of the agreements to see if they are enforcable.

Are you paying anything towards HFC/Mackenzie Hall accounts at the moment."

 

---

 

D____ says..

"I wouldn't even know where to start on enforceable or unenforceable agreements! I've been extremely irresponsible with my finances up to this point, a lot of very poor decisions I know.

 

Currently HFC and Mackenzie Hall are getting payments as and when I can afford, which is rarely. HFC have always been nothing but patient, Mackenzie Hall I am dealing with via e-mail but haven't had a reply from them in a week or so since I sent them a breakdown of what my income is and what my expected outgoings are.

 

I realise BR would be a fairly drastic step, but in my naive defence.. I don't really know how else I could deal with having to continue in the same manner that I have done for the past five years or so. Even with a full time income, it just doesn't seem worth while. And I know how absolutely immature that may come across, but I'd welcome a second chance and the bonus of not actually being ABLE to get credit would serve as nothing but motivational to sorting myself out."

---

 

Thanks again!

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I guess it's true when they say you shouldn't speak too soon..

 

Had a hand-delivered letter pushed through the door from Beneficial Finance/HSBC/HFC saying they'd called to discuss my HFC account. No prior warning/agreement for them to visit etc. Guess I'll be sending them a letter, too.

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Okay, I have drafted letters to both Welcome and HFC/Beneficial regarding telephone calls and doorstep visits and will be sending them recorded to both the local branch and also to compliance for WFS. (I'll also go check HFC/Beneficial threads to see where best to send them to, too..)

 

Thanks again in advance for all advice given, it is really appreciated and will go a fair way to turning my life around and for that, I am so thankful!

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Glad to hear you're more positive :) - keep us updated on your progress and you'll get all the help and support you need.

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Quick Q.. for the doorstep harassment letter, should I still quote the harassment act and communications act?

 

Also, could someone remind of the address for WFS Compliance, please? Spent an hour searching threads and couldn't find it, despite me knowing it was in there somewhere..

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Ruddington Fields Business Park

Mere Way

Nottingham

NG11 6NZ

 

Send by recorded delivery, this lot have a habit of "not receiving" ordinary mail:roll:

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks Ell!

 

Also, I just realised that the template letters I am using don't mention (nor can I find anything referring to..) relatives being harassed. Is there anything I can include or use to ensure they no longer contact my aunt and cause her undue stress also?

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Cant help with your question about harassment of family etc. but I started a thread about SAR

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/201653-sar.html

 

post #7 is most interesting

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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The Refs Given To Welcome Are Only To Be Used In Case You Do A Bunk

Not To Put Pressure Or To Make You Feel Bad

 

Put An Extra Paragraph In The Telephone Harrasment Letter That All Numbers, Including Refs Are Not To Be Used

 

ASK THEM WHY THEY ARE DISCUSSING YOUR DATA WITH AN OUTSIDE PARTIE WITH OUT YOUR CONSENT (AUNT ETC)

 

THREATEN THEM WITH THE ICO

 

THAT SHOULD SHUT THEM UP

 

 

RECORDED DELIEVERY

 

MOST IMPORTANT AS THINGS HAVE A HABIT OF GETTING LOST WITH THIS LOT

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The Refs Given To Welcome Are Only To Be Used In Case You Do A Bunk

Not To Put Pressure Or To Make You Feel Bad

 

Put An Extra Paragraph In The Telephone Harrasment Letter That All Numbers, Including Refs Are Not To Be Used

 

ASK THEM WHY THEY ARE DISCUSSING YOUR DATA WITH AN OUTSIDE PARTIE WITH OUT YOUR CONSENT (AUNT ETC)

 

THREATEN THEM WITH THE ICO

 

THAT SHOULD SHUT THEM UP

 

 

RECORDED DELIEVERY

 

MOST IMPORTANT AS THINGS HAVE A HABIT OF GETTING LOST WITH THIS LOT

 

I would be inclined to send it Special Delivery rather than recorded as I have found in my own experience that these can sometimes go astray ....just a thought :)

Forsure

 

** One woman crusade against the rip off lenders ! **

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