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Welcome Finance - Is This Enforceable??


emanevs
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Hi Postggi,

 

Hope you are getting better, glad to see you back.

 

Went to court a couple of weeks ago, on unfair charges claim.

 

The sc*m had a trainee solictor there. She tried he best but out of her league, unfortunately for them!

 

Opening statement from them was about the loan agreement. Put them straight on this straight away, I said it was unenforceable! :eek:

 

Judge seemed interested in the fact that it was unenforceable. The Judge put everything on hold until the FOS gets back to me about my complaint (including the unenforceability)

 

FOS is investigating, Judge wont do anything with unfair charges until FOS has decided my complaint.

 

Nothing from the sc*m other than another default notice. They are also reporting to the credit reference agencies that I am over 6 months in arrears. I have written to them stating that the whole account is in dispute.

 

The sc*m seem still to be hiding behind the Southern Pacific case.

 

What is strange is that I have had two different statements. One showing unfair charges deducted from the balance, another with unfair charges but not deducted.

 

It is so much a mess, and the sc*m dont seem to be that bothered that I am not paying.

 

Dont really know waht to do next, other than wait for the FOS. They are waiting for the file from the ****.

 

Any suggestions???

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to be honest , its a waiting game

 

i allways say a complaint to the fos looks good in court

 

its looking good for you though

allmost all the time the fos uphold complaints against welcome

 

glad you put the traniee sol in there place

 

with me, they sent a barister

welcome still lost though:lol:

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subbing with interest

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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What about Wilson v First County Trust for a loan of £5,000. the agreement was unenforceable because a document handling fee of £250 was incorrectly added to the loan. The Judges agreed that the agreement was defective and therefore unenforceable and ordered First County Trust to return the £6900 as well as the car.

this was done under the CCA1974. Under s 127(3)

 

 

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  • 4 weeks later...

Just a quick update.

 

My complaint is with the FOS.......

 

and....

 

After all of my letters, their compliance dept have forwarded my letters to the 'relevant department'

 

Dont know what that means, except that they havent answered my letters.......

 

Anyone know who this department is.....?, including the dedicated team???

 

 

:confused::confused::confused::confused:

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lol I have just started a thread about my commencement of Battle with Welcome :D

 

Funny really I suppose, I had put phone down from compliance, started thread and miraculously there are guests ;)

 

Me thinks WFS have nothing better to do than read CAG.

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Hi Emanevs

 

Confused

 

The Buck Stops With Compliance - Me thinks they have given up??

 

What Does The Letter Say Exactly

 

"As stated in our previous letter, as you have now escalated your complaint to the FOS, we have forwarded your letter to the relevant department to deal with. We anticipate you will receive a report of their findings in due course. Please note that all further correspondence on the matter will be referred to our dedicated team until the final conclusion of the matter.

 

yours ....."

 

Seems A Stalling Tactic Again From Welcome

 

Its with the FOS, an adjudicator is looking at it shortly, havent had a name yet tho.

 

How Far Are You With The Fos

 

Been with them for about 6 weeks.

 

Also seems that they are putting all of their hopes on the FOS?????

 

I am also going to see a barrister this week.....

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chill emanevs

 

this is the usual routine of welcome trying to wear you down

 

if you want to be a thorn ask them which departments but you know they will just ignore you

 

welcome and three wise monkeys again ime afraid

 

dont worry about guests crockie

 

i like them to know what crap is comming there way

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letter on the way to them....;)

 

What is funny, is that they are also refusing to give me full detailed statements of the accounts from day one. As the charges claim is NOT PART OF THE FOS INVESTIGATION - THEY HAVE TO PRODUCE OR ELSE!!!

 

I have one annual statement from them of last year, clearly showing incorrect total amount of credit, incorrect interest rate to start with....;)

 

I have a court claim in against them on unfair charges, and they have told the judge that:

 

1) even though charges appear to be added to balance of the account they are not added, and as such not charged.:confused:

 

They have also ignored my requests for a full statement under S6, CCA 2006 so in a minute I will be writing to the court and asking the judge to make them produce this in accordance with said act.

 

They have also ignored my CPR requests.....

 

Me thinks they are afraid of shooting themselves in the foot.

 

what goes around, comes around.......

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