Guess what! - Problems with Welcome

[Tango34uk]

Hello all,

 

Hopefully someone can advise me of the route to take with regards to my Welcome loan?

 

I originally took out a loan with Welcome in 2005 for the following amount :-

 

£1500, they added to this £486.60 in PPI, Acceptance Fee of £75.00, and the total amount of loan to be repaid came to £2061.60.

 

Monthly payments to be £94.43 APR (46.7%) Interest 3% per month repayment over 36 months.

 

Normal situation was told that I had to have there PPI to get loan, was not told that I could get it at a better price elsewhere. Or anything about Medical Conditions (I suffer from PDSD (Ex army) and Depression.

 

Also my copy of the Loan agreement Is signed by me, and Welcome (but they have left out all details of who in welcome signed it)

 

So I was paying loan happily until I lost my job (see above medical) then it hit me that I had PPI, so decided to ring them up - as we all now know I dont qualify as its a Psy Condition.

 

So speaking to Welcome, we agree that as I can't afford the full amount of repayment each month, they will reduce it to £17.00 a fornight, and thats what I am currently paying.

 

So what do I do now, what options do I have and is it at all possible to get back the PPI that was miss-sold to me / Is the loan enforcable by them?

 

 

Regards

[The wife]

Hi tango,

 

welcome to the family..lol

 

when they reduced the payments did you have the loan re-written?

 

I am still learning here but I think the others will suggest you contact whoever underwrites you PPI which will be either norwich union and/or direct group.

 

you will get loads of good advice from the more experienced members on here but do contact whoever is supplying your PPI, you can email norwich union.

[Tango34uk]

No when they reduced the loan re-payments nothing was sent to me! (But as we know with Welcome that dosnt mean they didnt make a new agreement on "my behalf")

 

Thinking about this, they have visited me a few times and charged me a nice £25.00 for the privillage of doing this! - Can these be claimed back as well?

 

The way im looking at this is, that I still (in there eyes) owe around the £1400 mark, It would be nice to know what I can get back, and hopefully clear this debt?

[The wife]

in their eyes you will also owe for phone calls and for the home visits. definately contact the underwriters for the PPI, some people have found sending an email to norwich union will give you whatever information they have on you about all policies taken out or even quoted for, they should write to you, but you will need to send a payment and a request for something (think its a subject access request) but it could be the CCA to direct group if you want information from them.

 

we are still waiting to hear back from norwich union(been waiting about a month) so I can't say from personal experience if this works but to have over £400 removed from your bill would I am sure be rather nice for you.

 

how long into paying your loan did you become unemployed? because in that time of reduced payments they will have most probably added furhter capitalization charges making your debt go up more.

Edited June 17, 2009 by The wife
hit wrong button

[Tango34uk]

So what do i need to do first?

 

SAR I guess but who to and how should I word it? (is this the one where you encose a payment of £10 and give them x amount of days to deliver)?

 

Sorry for the questions, this is all new to me?

[The wife]

there are templates on here but one of the better members will no doubt be able to point you in the right direction or attach a link for it and tell you what fee you need to send, first off check your PPI policy if norwich union are mentioned send them an email with your policy number, name and address (if you have moved since taking out the policy, the old address and obviously your current address so they can contact you, it might be an idea to get the relevant letter ready to send to welcome too so you can get the SAR and/or CCA you will need it to claim back unfair charges such as your visit.

[crispy22]

My Wife and I also have a "Welcome" loan is there a step by step guide on how to start a claim

[The wife]

first off crispy22 send off amended template letters for CCA and SAR you will have to pay the grand sum of £11 for both, make sure you do NOT sign the letters and send postal orders only, also ensure that you send by recorded delivery,(this also goes for you tango) .

 

Crispy you might also want to start your own thread on this so other people can adivse you properly and you and tango wont get confused. The templates are on the site but I would recommend you send 2 postal orders 1 for £1 and the other for £10.

[Forsure]

Hello

 

This is the letter I have used in the past for a Subject Access Request......

 

 

 

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Dear Sirs

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to my Loan Accounts.

 

Please supply me with a complete list of transactions and charges relating to the history of my loans with your organisation. Alternatively a complete set of statements for the loan accounts is acceptable. I would be grateful if you would provide the following for all loan accounts I have held with your organisation (including but not limited to):

 

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

 

· A complete list of all transactions or statements relating to all my Loan Accounts 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 me.

 

· Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organisation 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 authorized 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 £10.00 to cover your fee and request that this is acknowledged by way of a receipted invoice. You have 40 days in which to comply under section 7(10) of the Data Protection Act 1998.

 

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

 

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

 

Yours Sincerely

 

Mr T Tba

 

 

This is the one I then used for the S77 request.................

 

 

 

Dear Sirs,

This letter is a formal request pursuant to sections 77-79 of the Consumer Credit Act 1974. I would be obliged if you would provide me with a true copy of the credit agreement executed (by both debtor and creditor) and letter of disbursements, relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit of 12 working days. You are reminded that should you fail to comply with my request, the provisions of s.77(4) and s.78 (6) and s.79(3) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are as a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2) and 5(3)(b),6 and 7 of the consumer Protection from Unfair Trading Regulations 2008.

 

I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act and request that this is acknowledged by way of a receipted invoice. Please note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance.

 

I look forward to hearing from you.

 

Yours Faithfully

 

Mr T Tba

 

 

 

 

 

Hope this helps !!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Tango34uk]

Just a question...... with regards to the SAR - if they dont supply the correct data within a 12+2 day period am I right in saying that at that point I can withhold payment?

 

If this is correct wouldn't I be better sending the letter to my local welcome office (by insured signed for means) that way they are more likely not to do what they should - i.e. either provide details or pass it up the line to provide details - and as such then my payments stop?

[Forsure]

Just a question...... with regards to the SAR - if they dont supply the correct data within a 12+2 day period am I right in saying that at that point I can withhold payment?

 

If this is correct wouldn't I be better sending the letter to my local welcome office (by insured signed for means) that way they are more likely not to do what they should - i.e. either provide details or pass it up the line to provide details - and as such then my payments stop?

 

I would submit every letter to their compliance office address at :

 

Welcome Finance

Compliance Services

Mere Way

Ruddington

Nottingham

NG11 6NZ

 

ALWAYS send any letter to them by special delivery and keep the receipts - that way when they dont comply you got your proof if needed for the courts !! ( they dont send anything back to you in this way ). I would not be surprised in the slightest if they did not respond to your request, all the better for you if that happens, in my opinion anyway

[Tango34uk]

Here we go, letters sent!

[The wife]

good luck tango, Mine went today too...shall we place bets on who gets theirs first?

[Forsure]

Good luck guys - will be following this thread with interest !!

[Tango34uk]

Right, today get a phone call from Welcome (not my normal local office - but i expect that has closed ) didnt pick up, as I was out, but it was the normal, can you phone the office ASAP, as there might be a problem.

 

From experience I understand that this will be followed by a visit (costs me £25.00) so what do I need to do now?

 

As per normal, no information back from Welcome yet - as per what we expected and the S77 request letter still has a few days to go before it expires?

 

Questions....

1. Should I answer the phone to them? - and if so what should I say to them?

2. If they turn up at the door what should I say / give them?

 

Thanks for the help.

 

Regards

[The wife]

Hi tango,

 

did your letters arrive ok???

as to what to do, they will probably call continuously or turn up so you will have to speak with them at some point. are you still making your £17 payments? if so then they have no reason to call or visit as you have stuck to your side of the agreement, so just refuse to answer their security questions and then they can't discuss the situation with you as for on the door step, no idea, I guess really you need to send them the harassment letter so they stop the calls and visits.

 

someone more experienced than me can advise you better if I have got it wrong

[Tango34uk]

Yes payments are still being made, but I expect these to stop when they dont get the data (S77 request) to me by this coming Friday. - Yes letter got there fine.

 

I would guess (but then trying to second guess welcome is an art all to itself!) that at some point after next Monday - they will visit as its at that point that I wont be making anymore payments to them - unless they comply with the S77 (yes as if).

 

So at that point, is there a standard letter that I then send to them / hand them if they turn up, and is there another standard letter I can use to take away their right to phone me / call at my home location?

 

Regards

[The wife]

before you stop making payments make sure you send the the account in dispute letter so they are aware of why you stopped the payments. and yes the is a harassing visits/phonecall letter about somewhere.

 

others will have the links for them if you can't find them

Edited June 30, 2009 by The wife
typo

[postggj]

You Need To Contact Direct Group For The Details And Copies Of The Policy Docs

 

Allways Sar Welcome

[postggj]

Direct Group - Where Insurance and Innovation Combine - Home Page

[sam614]

Just a question...... with regards to the SAR - if they dont supply the correct data within a 12+2 day period am I right in saying that at that point I can withhold payment? 12+2 FOR CCA

THEY HAVE 40 DAYS FOR SAR

 

If this is correct wouldn't I be better sending the letter to my local welcome office (by insured signed for means) that way they are more likely not to do what they should - i.e. either provide details or pass it up the line to provide details - and as such then my payments stop?

DEAL WITH COMPLIANCE ONLY.

 

SAM:pLOWELL DETESTER

[Tango34uk]

Thanks all for the help so far, can someone please point me towards the following:-

 

Account in dispute letter and Harassing visit / phonecall letter so I can get them ready and send off as soon as they happen to be out of time.

 

Now this 12+2 days thing - is that 12 working days + 2 (so 14 working days) or 12 days + 2 working days (e.i. the weekend in the middle)?

 

Sorry for all the questions?

 

Regards

[sam614]

click the blue DCA

for templates

number 20 when times up

failure to supply

 

SAM

[Tango34uk]

Sam,

 

I am sorry, I am looking under the templates place and while I can find a letter to let them know not to call me anymore, I cant find the other two anywhere!

 

Please can someone let me have the links direct?

 

Regards

[postggj]

TRY THIS

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-