Need help and advice with problems with welcome finance please

[worbster]

Hi all im new to the forum, stumbled upon you while searching the net for advice, hopefully someone here can help with my problem as i dont no what else to do, im afraid im not at all clued up about the whole dept, finance thing and have to admit rather naive about it all to, anyways here`s my problem.

 

I got a car back in 2005 on finance with welcome for £4000 while i was with my ex partner the agreement was in my name, i paid the loan propelly for around a year and a half at £250 a month, i then lost my job an split with my partner an could not afford to pay the repayments as we were paying half each while together but after splitting i could not expect her to pay as i had the car.

 

I fell into arrears and after speaking to welcome they offerd to lower my monthly payments unkown to me at the time they rewrote my original loan and gave me another loan to pay of my arrears, i was under the impression i was being given another loan to pay the balance and arrears, i continued to pay a set amount at the time unkowing i was paying for 2 loans one being the rewritten car finance and the other being a personal loan!.

 

I fell into arrears with them again after loosing my job again and the loan/loans where defaulted and i was told all interest was frozen and no more charges would be added, when i equired to how much i owed them in totall i was told it was to date £4796 on the car finance and £1263 on the personal loan thats £6059 for a car on hire purchase originally £4000 that i have been paying since 2005 !!!!!.

 

I have spoken to welcome many times and asked them why i owe so much and for copies of every statement, payment, an documnent sighned by myself but they only ever send statements dating back to when they rewrote the hp agreement ! they will never take my complaints seriously i constantly get told someone will look into it but i never hear anything back!!

 

I feel i was totally unfairly an mis-informigly (is that a word?) given these new agreements an how is it possible to still owe so much, i need some advice on what i can do please guys, i have just read in my local paper that several of welcomes bosses have been sacked over doing this sort of thing! is this what has happened to me??.

 

Any help will be greatly appriciated guys.

[maroondevo52]

Hello and Welcome, worbster.

 

I'll move this thread to the Welcome Forum.

 

Regards.

 

Scott.

[worbster]

This is a link to an artical on the welcome bosses being sacked.

 

 

Welcome Finance firm Cattles fires bosses over irregularities | This is Money

[worbster]

Hello and Welcome, worbster.

 

I'll move this thread to the Welcome Forum.

 

Regards.

 

Scott.

 

 

Ooop ok mate sorry didn`t realise it should have gone in there:oops:

 

Thanks for the heads up

[maroondevo52]

No, problem.

 

Just need someone to help you now.

 

Regards.

 

Scott.

[worbster]

No, problem.

 

Just need someone to help you now.

 

Regards.

 

Scott.

 

 

Hopefully lol, cheers again mate, reps gone your way

[worbster]

Also how would i go about getting all the info i want from welcome i want to see the original agrement documents and the rewritten ones signed by myself and there details of all payments/charges etc etc, am i entitled to see all this.

[maroondevo52]

You'd have to send a Subject Access Request............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Regards.

 

Scott.

[worbster]

You'd have to send a Subject Access Request............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Regards.

 

Scott.

 

Tried to click on the link mate but takes me back to the forum front page.

 

Also iv just typed up a letter (below) is this ok would you of thought?

 

2nd July 2009

Welcome Finance

Customer Relationship Centre

PO Box 335

1-3 Iridium Court

Hessle

HU13 9WA

Dear sir/madam

I am writing to you to request a “Subject Access Request”, and to inform you that I am placing my accounts, “a/c no. ******” and “a/c no.******” in dispute so no further payments will be made by me until I am satisfied that my accounts are in order.

I have spoken to several members of your staff on several occasions regarding my accounts but never hear anything back! So I feel I have to resort to this type of action.

I would like you to send me original copies of the very first HP Agreement as signed by myself, original copies of any other agreements signed by myself, also statements of all my Accounts including the Original Un-rewritten HP Agreement. I would like these to show all payments and all charges on all of the accounts.

I will send back any original documents to you.

I feel my original HP Agreement was “unfairly rewritten” and I was thoroughly misinformed on what was actually happening with the account, I was miss sold a Personal Loan to pay off arrears on the HP Agreement, then the HP was rewritten, I cannot understand what the point of this was other than to extort more money out of me.

I am in the process of speaking to the FSA and the FINANICIAL OMBUDSMAN who advised me to contact you regarding all of this so I would appreciate a response within 7 working days, this will stop the FINANICIAL OMBUDSMAN contacting your selves on my behalf.

Copy to: 133540 Kingston House, Centre 27 Business Park, Woodhead Road, Birstalll, Batley WF17 9TD

[The wife]

this is what you should send, with a £10 postal order by recorded or special delivery, do NOT sign your letter just print your name. also thy have 40 days from arrival to comply with your request. Good Luck

Data Protection Act 1998

 

 

 

Subject Access Request

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[worbster]

 

this is what you should send, with a £10 postal order by recorded or special delivery, do NOT sign your letter just print your name. also thy have 40 days from arrival to comply with your request. Good Luck

 

 

Data Protection Act 1998

 

 

 

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

 

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

 

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

 

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

 

 

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

 

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

 

 

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

 

 

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

 

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

 

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

 

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

 

 

 

10.Termination notices

 

 

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

 

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

 

Yours faithfully,

 

Thank you very much for that, wholey appriciated, i will let you no how i get on.

 

should i add to the letter above i am placing the accounts in dispute and i will be making no further payments?

 

Many thanks again

[worbster]

Could i also ask why should you not sign the letter? just out of interest really.

[T2upNorth]

Could i also ask why should you not sign the letter? just out of interest really.

 

 

Basically, you can't trust them (or anyone really) with your signature. It's not unheard of for someone to get a bit creative with Photoshop and all of a sudden you've "signed" whatever they decide they'd like you to have signed!

 

So for example, if they were unable to find a properly executed agreement, not uncommon, they could simply make one....

[worbster]

Basically, you can't trust them (or anyone really) with your signature. It's not unheard of for someone to get a bit creative with Photoshop and all of a sudden you've "signed" whatever they decide they'd like you to have signed!

 

So for example, if they were unable to find a properly executed agreement, not uncommon, they could simply make one....

 

 

I`d never actually thought of that but yes very good reason not to sign, thanks T2upnorth.

[worbster]

Hi all, iv sent of my subject access request to welcome and also informed them in wrighting that i am placing the accounts in dispute, i have received a letter from LEWIS DEPT RECOVERY this morning demanding full and final settlement by 17th july of the welcome accounts, what should i do.

 

I want to phone welcome and rip into them as i think they must of got my letter and sent my accounts to dept collectors soon as!.

Would it be a bad idea to call them find out whats going on?

 

I phoned lewis dept recovery and asked them to pass the accounts back to welcome the guy seemed ok an said he will need a copy of the subject access request letter is this ok to send to them?.

[worbster]

bump

[worbster]

Hi all nothing to update im afraid, but i was just reading through some other threads and have seen people talk of a cca what is this please?.

 

My S.A.R has been received by welscum along with my official letter of dispute on my accounts, does this mean while the acount is in dispute i am no longer obliged to make payments and they can not ask for any.

 

As soon as i get the info from welscum ill post it up and see what you guys think.

[T2upNorth]

Hi all nothing to update im afraid, but i was just reading through some other threads and have seen people talk of a cca what is this please?.

 

My S.A.R has been received by welscum along with my official letter of dispute on my accounts, does this mean while the acount is in dispute i am no longer obliged to make payments and they can not ask for any.

 

As soon as i get the info from welscum ill post it up and see what you guys think.

 

 

Hi Worbster

 

Unfortunately they have 40 days to respond to the SAR and will almost certainly use all 40!

A CCA request is a legal demand for them to supply a "true copy" of the original agreement, to which they have 12+2 days to respond. However, theoretically, that is already covered by your SAR so, although, quicker, provides less ammo than the SAR.

 

Do Lewis still have the account? Or have they passed it back to Welcome?(Of course, they are the same people, just different desks...!).

 

Can you post the wording of your dispute letter here (minus personal info). If the account is officially in dispute they will need to investigate and provide you with a written response. You are correct about the payments when in dispute - I won't advise either way on that though because I don't know if it may make the situation worse. Once you receive the SAR response you will be in a better position to make that decision.

 

T2

[worbster]

Hi Worbster

 

Unfortunately they have 40 days to respond to the SAR and will almost certainly use all 40!

A CCA request is a legal demand for them to supply a "true copy" of the original agreement, to which they have 12+2 days to respond. However, theoretically, that is already covered by your SAR so, although, quicker, provides less ammo than the SAR.

 

Do Lewis still have the account? Or have they passed it back to Welcome?(Of course, they are the same people, just different desks...!).

 

Can you post the wording of your dispute letter here (minus personal info). If the account is officially in dispute they will need to investigate and provide you with a written response. You are correct about the payments when in dispute - I won't advise either way on that though because I don't know if it may make the situation worse. Once you receive the SAR response you will be in a better position to make that decision.

 

T2

 

I spoke to lewis yesterday as they sent me a little yellow card saying please ring this number its urgent!, anyway i explained what i had done to the guy i spoke to and he said he will contact welcome to find out what is going on, i also sent copies of my S.A.R request and dispute letter to lewis as they requested, they claimed to have not received them (didn`t send recorded) welcome did however receive there documents as i sent them recorded and have traked and traced, so i guess im just waiting to hear if lewis have passed it back to welcome.

 

This a copy of my dispute letter, i used a template from here, hope the originall author dosn`t mind

 

 

I sent it recorded to this address please say it is the correct one lol

 

Customer relationship centre

po box 335

1-3 iridium court

hessle

hu13 9wa

 

FORMAL NOTICE - ACCOUNT IN DISPUTE.

Dear Sir/Madam

I am writing to you to formally notify you I am placing my accounts, account number ******* and account number ******* in dispute.

Therefore I will be cancelling future payments to your company from today’s date.

I have spoken to several members of your staff regarding my concerns over my accounts but have yet to hear anything back so I now feel it is time to take further action.

I have enclosed a SUBJECT ACCESS REQUEST with this notice so the FINANCIAL OMBUDSMAN and THE FSA can further look into my concerns, you will then be contacted regarding my course of action.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

I would appreciate your due diligence in this matter by ensuring that I have no further contact from your company save for any matter regarding the investigation in progress.

 

Yours faithfully

[worbster]

FOR THE WIFE, FROM TEDS THREAD.

 

Will the cca provide me with just the originall hp agreement or copies of the apparent 3 of them.(original hp, rewritten hp and mystery personel loan).

[The wife]

the CCA will only provide you with original copy from whichever loan account you request, alternatively if you send a £1 postal order for each account you have/had and put the account numbers on it they will have to comply with all of them in the 12+2 days. just remember don't sign and send via recorded or special delivery.

 

the best way to find out this new account number is if you paid by DD check your bank statements...it will be on there..if not use their statements.

[worbster]

Received a letter fron lewis this morning saying i have been selected for a great offer!!!! i can pay £442.28 of my apparent balance of my mystical personel loan and save £821.37!!! They reckon the totall balence is £1263.65 how could they justify accepting such a low amount, if it wasn`t for the fact i was conned into this loan i would probably pay that amount, i wonder if i get one for the HP agreement in the next few days.

 

Funny though when they have received my SAR and dispute letters they make me major reduction in amount offers, something strange going here maybe??.

[worbster]

the CCA will only provide you with original copy from whichever loan account you request, alternatively if you send a £1 postal order for each account you have/had and put the account numbers on it they will have to comply with all of them in the 12+2 days. just remember don't sign and send via recorded or special delivery.

 

the best way to find out this new account number is if you paid by DD check your bank statements...it will be on there..if not use their statements.

 

 

I refused to pay by DD when i started seeing weird things going on with my acounts as they wouldn`t give me an explanation to why my hp balance was still so high and where this personel loan had come from, i made them come to me to collect the money at my convinience.

 

Ill get the CCA writen up and sent of soon as i can get all account numbers, i have two just need to find the original hp agreement one, unfortuantly i lost alot of paper work when split with my ex and sold house the original welcome papers where lost. (she saw fit to burn most of my paper work, including my tax returns and business books grrrr)

[worbster]

Is there a template of a CCA on here the wife, also thanks for your help on this matter, tried to rep you but got told i need to spread reps around more first lol

[The wife]

hopefully the link will send you to the CCA template:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

to be honest, I have been thinking about it, you really only intitially need to CCA the latest Loan agreement so save yourself the other £2 and wait for the SAR to come through with the rest of the documentation.

 

ex's can be like that...lol but at least you have your copies of the original two and you can compare them to those you get sent with the CCA.

 

thank you for the rep...there are other far more knowledgeable and experienced people on here that deserve rating but thank you