Default Notice from Welcome finance, is it correct & legal???

[crk81]

[crk81]

Received my SAR info from Carcrap today, no PDI included as advised, think its time to log a complaint with the ICO.

[crk81]

Complaint logged with ICO against Carcrap/Ucan for not providing the PDI in mr SAR, will keep ya's updated

[crk81]

Been thinking i would like to get the default removed from my credit file,

 

this is whats on my credit file:

Company name: WELCOME FINANCIAL SERVICES LTD Account type: Hire purchase/Conditional sale Started: 04/06/2008 Default Balance: £6,712 Current Balance: £4,561 Repayment Period: Monthly Payment: £147 over 52 months Defaulted On: 27/02/2009 File Updated for the Period to: 05/07/2009

 

Do ya think somehow i can use the incorrect default notice to get this removed.....also notice it states over 52months and my agreement is accually 48mths, i contacted the CRA regarding this...awaiting reply.

[foolishgirl]

Thanks for getting back to me:-) my concern at the moment is where do i stand, they have terminated the agreement so at anytime they could just come and take the car back....

 

They still need a court order, they can't just repossess without notice, & that would give you the opportunity to put your case re. the invalid DN & unlawful termination

Been thinking i would like to get the default removed from my credit file,

 

this is whats on my credit file:

Company name: WELCOME FINANCIAL SERVICES LTD Account type: Hire purchase/Conditional sale Started: 04/06/2008 Default Balance: £6,712 Current Balance: £4,561 Repayment Period: Monthly Payment: £147 over 52 months Defaulted On: 27/02/2009 File Updated for the Period to: 05/07/2009

 

Do ya think somehow i can use the incorrect default notice to get this removed.....also notice it states over 52months and my agreement is accually 48mths, i contacted the CRA regarding this...awaiting reply.

 

You didn't tell them about invalid DN did you? - if so, the CRA will write to Welcome for confirmation & give them the heads up

You can ask for the Default to be removed as part of your counterclaim if they commence legal action. You're wasting time with CRA at the moment as they will only put a notice of correction in at this stage anyway.

 

FG

[crk81]

Thanks again for getting back to me FG, no i havnt told them about the invalid DN, my concern at the moment is that they could take the car back at anytime without a court order as they have terminated the agreement, & i havnt paid enough at the moment on the agreement so that they would have to get a court order.

 

I contacted the CRA to get them to contact welcome to get the default removed as it was in one of my letters i sent, saying i would resume payments this is what i believe the payment should be and also have the default removed. i do not think they CRA has getting back to me within the 28days they need to so i have sent them a further email advising that they need to remove the data as its passed the deadline to get it confirmed or amended.

[crk81]

reply from CRA:

 

I would stress that the "28 days" timeframe that you refer to applies to our legal obligation to reply to you correspondence within 28 days, to let you know what action has been taken as a result of your correspondence being received. It is not a legal timeframe that the change has to be made in.

 

I have reviewed the previous correspondence in this matter and we have fulfilled all our obligations in this respect under the Consumer Credit Act 1974 and data Protection Act 1998 and I am confident any our regulator The Office of the Information Commissioner will confirm that we have acted appropriately in this regard.

 

As the company in question has still not amended the account entry in question, you may want to consider contacting them directly as this usually results in a quicker resolution to such matters.

 

I note that you are considering taking legal action including Experian and I would strongly recommend that you seek independent legal advice before doing so.

 

We have received several similar court claims and have been successful in having these struck out, as the cases were deemed to have no legal merit with regards to a claim against Experian.

 

This is because, in each case, we have been able to demonstrate that we have complied with the relevant legislation at all times. Consequently, the claimant has been left to pursue their claim directly against the company with whom they have a dispute regarding the data recorded on their credit report.

 

I therefore recommend that you review your legal position prior to proceeding with your claim. You may wish to consult with the Information Commissioner's Office in order to obtain an unbiased opinion.

 

 

 

 

 

hmmm i'm sure once before i queried something and because the company didnt get back to the CRA they removed the data 28days later as the company never confirmed if it was accurate. nevermind tho.

 

 

 

 

on another note, WF complaince dept is in touch with me at the moment looking into fixing the issues with the car & at the end of the letter i requested the default be removed so i await there response..

[foolishgirl]

 

hmmm i'm sure once before i queried something and because the company didnt get back to the CRA they removed the data 28days later as the company never confirmed if it was accurate. nevermind tho.

 

You can ask the CRA that a note be recorded in your credit file to the effect that the account is in dispute & therefore the validity of the default.

 

on another note, WF complaince dept is in touch with me at the moment looking into fixing the issues with the car & at the end of the letter i requested the default be removed so i await there response..

 

Hmm - interesting, at long last you get an investigation process started

 

FG

[Jules55]

Looks like help is coming for hundreds of thousands with erronous data on their credit files that CRA's keep for a period of 6 years ..btw this is not law anyway..(apart from CCJ's & bankrupcy data)! The Limitations Act is to be reformed later this year and its likely the period CRA's can hold data on your files will be reduced from 6 yrs to 3 yrs for all unsecured lending, see link below:-

 

Callcredit | Industry Minute

[foolishgirl]

Looks like help is coming for hundreds of thousands with erronous data on their credit files that CRA's keep for a period of 6 years ..btw this is not law anyway..(apart from CCJ's & bankrupcy data)! The Limitations Act is to be reformed later this year and its likely the period CRA's can hold data on your files will be reduced from 6 yrs to 3 yrs for all unsecured lending, see link below:-

 

Callcredit | Industry Minute

 

That's an interesting article jules although it remains to be seen if (a) GB will be able to tear himself away from his other financial distractions to do anything about the Limitation Act (I note the original recommendation was made in a report dated 2001!) & (b) if it will actually affect CRA data management. As you say, there is no law applicable to the periods that data is retained now & the CRAs just make their own rules up. Call me cynical but I can' see anything changing there. In fact if there is a 'long stop' provision of 10 years introduced, they may just decide they will wreck your credit rating for 10 instead of the current 6 years.

[crk81]

that would be more acceptable 3 years rather than 6 years as someone could be out of work one year and back in work the next year and finances would greatly improve yet they would be stuck with the bad credit rating for 6years at present.

[crk81]

Further update: Welcome Finance are paying nearlly £800 to my local dealers for a new locking nut set & fob key (as they lost them while the car was with them) new window seals (including labour) and a service which at dealer price is costing £320!!! then when i got a call from WF complaince to say the cheque has been issued today to the dealer, i asked about the default & she said she can not remove the late payment markers but will have the default removed!!!

I then asked her about the agreement being terminated & the account being in default they could come and take the car at anytime, she advised me that the agreement is in force still & they are taken the contracted payments. i think i will follow this up with a letter to confirm it in writing.

[foolishgirl]

Well, this is looking up crk...

[postggj]

hi crk

 

welcome paying out money

ill believe it when you say the dealer has been paid

they are desperate for every penny at the moment

is the car at the garage at the moment

 

it will be nice if it happens though

 

keep the thread updated

[crk81]

I have the car at the moment & i can't believe it took the words "i now intend to sue welcome finance" and my complaint got passed to the compliance dept and below is my letter of confirmation as well as WF calling ME to confirm cheque has been posted to the dealers, yes they ring me i didnt need to chase them up! lol.

 

http://i44.photobucket.com/albums/f31/crk81/TheEnd.jpg

[postggj]

crk81

 

sorry

 

ill believe it when the cheque has been sent and cashed

 

ive never known welcome give up unless ordered by the fos. oft, etc

 

keep at them

[crk81]

lol, i'll be ringing the dealers next week just to confirm receipt of the cheque & asking for a call once its cleared so i can arrange the jobs, keep ya's posted

[crk81]

Spoke to the dealers today, cheque has been received & they have ordered the parts once they get them in they give me a ring to arrange for them to have the car & the service should be done at the same time.

[foolishgirl]

Well sounds good crk, just be a little wary. What have Welcome got to hide? Not like them (or anyone at the moment!) to dish out cash without putting up a fight. Remember 'Welcome' is just a trade name, it doesn't necessarily apply to the company's ethos ...

[crk81]

only thing they "welcome" you to do is sign on the dotted line & be stuck with them for 4years at least handing over your hard earned cash for a high amt of interest.

I think i'm going to write back in to the complaince dept & get them to confirm in writing that the credit agreement is still in force, as i mentioned my concerns over the phone that they could come at anytime and take car back as the agreement is ended she said no its an active agreement still.

[crk81]

Further update regarding the default on my credit file, Default has now been removed from my credit file & its only showing 1 late payment marker so am happy with that.

[postggj]

way to go

 

worth the late nights just getting a default removed

[crk81]

Yeah defo m8. and doesnt look like i'll be finished there either, just had one of Martin (moneysavingexpert) emails through & read this

 

You have a RIGHT to be treated fairly by your bank, credit card company, insurer or any financial company. If not you can get free redress and compensation, sometimes even if it happened up to 6 years ago. Complain to the company: First follow the company's official complaints procedure but EXPECT a no – it'll usually try and fob you off. Involve the Financial Ombudsman: Then take your complaint to the free, independent Financial Ombudsman Service, fill out its form and it'll decide if you've been treated fairly and order a payout if not. Charge for your time: You can even ask for up to £10/hr for the time it's taken to sort it out.

 

think i should push my luck with welcome???????, yeah they've paid £320aprox for a service on the car, but that service was because i had to resort to returning the car. if i never bothered returing the car i would still to this date have the same issues & it wouldnt be going in the dealers to get the window seals replaced.

[postggj]

Now The Default Is Gone

 

Go For It

 

They Would Stitch You Up In An Instance

[crk81]

Hi Guys, I can confirm that the work has been carried out on the car including a full service , thats £811 thats come out of WF pocket, I still havnt had time to write back to them yet about the complaint but hope to get something drafted up over the weekend and fingers crossed to some compensation from them also.