Welcome Finance Help Please :(

[MungryMatt]

Hi all

 

Have included some scans for your perusal.

 

It seems Welcome finance are continuing to charge me interest despite being awarded a fixed sum by CCJ. The current state of affairs means that my balance INCREASES by £10 or so a month even though I am paying the CCJ as directed. I'm pretty sure they have to put a clause in your CCA and also the defualt notice.

 

To cut a long story short, I part-admitted the claim, but defended the charges they applied. They accepted this and knocked off the charges.

 

I haven't got a CCA for you all to look at yet, but I want to request it. Could someone please point me at a template letter? There seems to be a few variations and I'm not sure which one I should use.

 

Many thanks in advance for you help

 

Matt

 

Scans:

 

Pictures by claretmatt - Photobucket

[42man]

Matt...there is a CCA template here - send this letter recorded and enclose a £1 postal order (don't hand sign it) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[42man]

Matt did you ever receive a default notice ? Have you sent a Subject Access Request off to Welcome ?

[postggj]

Lets Sort This Out

 

For A Start Welcome Cant Charge Interest Post Judgement

 

Cant See Any Reference To It, If They Are Doing This, A Seriouse Complaint Is Needed

 

Default Notice Is Crap So A Set Asside Is Needed

 

Wait For More Comments Though

 

I See Its Our Friends Mr Cohen Again

 

If Only You Would Have Found Cag Sooner

 

 

Send A Cca Request Asap By Recorded Delievery

 

Knowing Welcome, The Agreement Will Be Crap Also

 

Mr Cohen Is Quite Easy To Remove

[MungryMatt]

Thanks guys, will be posting a CCA tmorrow, first class recorded, with a pound. Not signed in my usual way.

 

42Man, default is in my scans

[42man]

Matt....did you get a termination letter also ? any dates on that ?

[42man]

Your default notice is flawed !!!

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

I think that is pretty conclusive that the Regs require a date not the words "fourteen days"

[MungryMatt]

Hi 42Man, thanks for looking into my case. I received no termination letter from Welcome. Would you mind kindly explaining the significance of a flawed default notice? What can I do with it?

 

 

EDIT:

 

Just called Welcome to ask why interest is being added and they said to ignore what they are sending me and they will stand by the amount that the solicitors have managed to recover via the CCJ.

 

Over my dead body. Still going to get CCA and let you guys tear it to shreds for me

Edited June 2, 2009 by MungryMatt

[42man]

Matt may I ask when the CCJ was granted ?......

[postggj]

Hi 42Man, thanks for looking into my case. I received no termination letter from Welcome. Would you mind kindly explaining the significance of a flawed default notice? What can I do with it?

 

 

EDIT:

 

Just called Welcome to ask why interest is being added and they said to ignore what they are sending me and they will stand by the amount that the solicitors have managed to recover via the CCJ.

 

Over my dead body. Still going to get CCA and let you guys tear it to shreds for me

 

 

 

IT SEEMS YOU HAVE THEM RATTLED

NOW I WONDER WHY WITH COHEN INVOLVED

 

GO FOR IT

 

LET US KNOW WHAT WELCOME SENT BY MISTAKE

[MungryMatt]

Claim entered 17th November 2008 and Judgement entered 18th March 2009. This was three days after I sent a CCA off to them the first time (forgot to include fee, doh).

 

I sent off a part admission, less charges they had applied which Cohen accepted, eventually.

 

What's the big scoop with Howard Cohen?

[postggj]

sorry

 

did not realise that this was a recent ccj

 

its time to stick one on welcome/cohen and get this ccj set asside

 

it will cost you 75 quid

 

your ready for this

 

 

if i mention what i want to about cohens legal practice, ill get sue for defamation, even though true

[sam614]

[quote name=postggj

 

 

if i mention what i want to about cohens legal practice, ill get sue for defamation, even though true[/quote]

 

agreed:Dand then some

SAM:pLOWEL DETESTER

[postggj]

matt

 

do you still have the original n1 county court claim

 

as cohens, prob done through mcol, do you still have the password

 

a cca request is irrelevent now

you need a sar request, will cost 10 quid and send recorded delievery to

 

welcome financial services

compliance

ruddington fields biz park

ruddington

nottingham

ng11 6nz

[MungryMatt]

Yes I still have the password, I referred to it to get the dates for you. It's saved in my browser anyway. I don't have the original N1, sorry. Wish I'd seen this post before I posted off the CCA request. Why is it irrelevant?

[postggj]

As Its Post Judgement And The Account Has Been Terminated, The Creditor Has No Obligation To Suply The Agreement Under The Consumer Credit Act

 

Now An Sar Under The Data Protection Act Is Another Story

 

They Have To Comply

 

 

Can You Post The Poc

 

Thats The Perticulars Of Claim From The N1 Form

 

Should Say Some Thing Like Failing To Pay Monies Owed Under A Regulated Agreement

 

Can You Post It Onto Your Thread

 

Google Photobucket And Upload The Link For Message Boards With Out Thumbnails

 

Deleate Case Number

Your Name And Address

 

It Might Just Be Your Lucky Day

 

TRY THE PASSWORD

MAY WORK

 

IF NOT WE WILL GET A COPY

[MungryMatt]

I tried the password and no joy in there. I really can't lay my hands on the particulars of claim. I've just lost it. Is there a way of obtaining a copy?

[postggj]

give northampton county court bulk centre a call in the morning and enquire

 

failing that, the registry trust will prob have a copy for a fee

 

 

its vital to get this copy

[MungryMatt]

Morning all.

 

Thank you for looking ino this for me, I really do appreciate it.

 

I think Welcome will respond to the CCA request given the response I got when I forgot to include my quid. If they do send me a copy, will there be any need for a SAR?

[postggj]

get that sar sent off double quick

enclose ten quid postel order send to

 

welcome financial services

compliance

ruddington fields biz park

ruddington

nottingham

ng11 6nz

 

 

send it like yesterday

[postggj]

Your address

Their Address

Date

 

 

Dear Sir/Madam

Your name:

Account No/ No’s xxxxxx

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

I understand that you currently hold details of my personal and financial information within your internal record systems. Please supply me with a complete list of transaction and charges relating to my history with your organization, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

• Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.
  

 

• A complete list of all transactions or statements relating to ALL of my account/s with your organization.
  

 

• Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
  

 

• Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me.
  

 

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
  

 

• Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
  

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully

 

Your name

[iconoclash]

Hi - re your copy agreement - I'd have expected that to be within the claim made against you in court and thus should still be in the files there - it wont cost you anything to look at the file in person but about 50p I think for a photocopy but it might mean getting there - if its not your local court defo ring them. Presume this was a default judgement against you and not a summary judgment - theres a difference in set aside rules I think. Good Luck.

[MungryMatt]

Hi all. Managed to get CCBC Northampton to email me a copy of the POC. Here it is in all it's glory:

 

THE CLAIMANT'S CLAIM IS FOR THE SUM OF 3326.38 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER A REGULATED CREDIT AGREEMENT MADE IN WRITING BETWEEN THE DEFENDANT AND CLAIMANT UNDER REFERENCE XXXXXXX THE DEFENDANT HAS FAILED TO MAKE PAYMENT IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974. THE CLAIMANT CLAIMS THE SUM OF 3326.38.

[postggj]

HI MUNGRYMAT

 

THATS A STANDARD POC FROM MR COhen

 

it seems you can start turning the screw with them

 

noware on the poc does it state they can charge interest post judgement

naughty welcome

 

default notice is crap so you might be able to get the ccj set asside

 

realy need a reply to the sar then we can realy start to work

 

its looking good so far

[MungryMatt]

Received my agreement this morning:

 

http://i707.photobucket.com/albums/ww72/claretmatt/welcomeagreement.jpg

 

This was the only page of it I got. Also received A copy of Personal Loan Statement which you've already seen from the link at the start of this post, and a copy of the Demands and Needs Statement (Which didn't look important as I answered NO to everything)

 

Look forward to any replies