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Advice!!!!


sassie72
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This is a bit of a long story......

 

I was looking at my credit file with Equifax when i noticed my Welcome finance debt was showing as a default, but although i'm paying a lower pmt than my original agreement i'm up2date. i was about to call them when i noticed another loan with them that is 'satisfied'. upon further investigation the following time line has transpired.

 

Oct'01 HP on car approx £5k to pay inc int

Nov'01 defaulted and new lower pmt agreed

Nov'04 HP satisfied as per Equifax

Dec'04 new personal loan for £1900 over 4 more yrs as per Equifax

 

Well i never signed a new loan agreement i just assumed i was just paying lower pmts on the hp.

 

does this mean the personal loan is invalid, therefore i don't owe anymore and in fact they owe me all monies paid against this loan and it is fraud??

 

:confused:

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Keep a copy of the credit report as any suspect info could magically disappear.

 

Sounds as if you could well have them banged to rights on this one. Bumping this thread in the hope it gets picked up by one of the resident brains!

 

Good luck

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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:-)Thanks for that, haven't got a printer at mo so have saved the info in a word document.

 

In addition I had the Lewis Group call me yesterday as they have the debt now. I understand they're part of the same group so not too bothered but when i told them my concerns they seemed keen to sort it out amicably!! We'll see what happens. I have asked them for exactly how much i've paid them since 2001 and a copy of the personal loan agreement.

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Cheers worbster and have looked at your thread. the good thing was the letter for info. if i don't get any joy from my initial query and request at least i know what my next course of action will be. one good thing is that the original hp agreement was in my maiden name so the personal loan shouldn't mystriously appear 'signed'. i'm just hoping i've never signed anything that they've had, i.e. a letter since i got married!!!

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Cheers worbster and have looked at your thread. the good thing was the letter for info. if i don't get any joy from my initial query and request at least i know what my next course of action will be. one good thing is that the original hp agreement was in my maiden name so the personal loan shouldn't mystriously appear 'signed'. i'm just hoping i've never signed anything that they've had, i.e. a letter since i got married!!!

 

 

Hey no prob, i really am not clued up at all on all this but reading through some of the things on this site most of the peeps on here are and can offer some good advice and help, ill keep checking in see how you get on.

 

All the best

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  • 2 months later...

UPDATE & FURTHER ADVICE!!!

Well after several phone conversations and emails, incidentally only once was i actually called by them, including me being blatantly lied to, various delaying tactics, then me threatening further action, Welcome have sent me a letter. HURRAH???? They have so very kindly reduced my debt from £1504 to £721, and have asked me to 'accept apologies for any inconvenience caused':-o

 

Firstly the reduction is laughable considering all the crap i've taken, plus in March '07 they offered me a final settlement figure of £628.96, and the balance then was £1905!!!!!:-x

 

Secondly what a pitifull 'sorry'!!:-x

 

Now i think they know they haven't got an enforceable agreement, so from reading the numerous posts i would issue an sar which they would either fail to comply with, or a fraudulant agreement one would appear. Either way, no more debt:D

 

HOWEVER:confused:

 

My initial conversations were before i'd found this website and subsequently realised my agreement was very likely unenforceable. Therefore I agreed the debt was mine and the amount owed was correct, but i just wanted an explanation, my credit file amended, plus an apology. But as it became apparant something wasn't right i found out my rights.

 

So does this mean i can no longer declare the debt void, as they could say they have it recorded me agreeing the debt????

 

Help please!!!

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Sassie, welcome to the murky world of Welcome!

 

Please understand I am not an expert, just someone who has read a lot of posts on CAG. I personally would have thought that it doesn't matter that you "admitted" the debt in the past. Theoretically making any payment "admits" the debt, but that doesn't mean you don't have rights to not pay when there are problems with the agreement. Even though your admission may be on the notes on the account, that does not matter, what matters is the credit agreements and whether they are valid.

 

I would suggest that firstly you send them a CCA request for the loan they are currently taking as active. You will find a template in the library, normal advice - £1 postal order, print don't sign your name, send recorded delivery to Compliance. They have 12 working days after receipt to send you a properly executed agreement, otherwise they enter a default situation, and that confers certain rights to you that I am sure you are aware of.

 

Then separately and a little time later send a SAR. Give them the account numbers of all the loans you are aware of, to be helpful to them so they find as much as they can. Again you will find a template in the library, £10 postal order, print don't sign your name, send recorded delivery to Compliance. I am suggesting you send this separately and a little later because there have been examples of Welcome merging/confusing the 2 requests, and this way gives the best chance of them being dealt with separately. They have 40 calendar days after receipt to send you all they have on you. It makes very interesting reading, especially the computer notes!

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  • 2 weeks later...

no idea on ppi noomill060, on either account!!! don't think so on original hp and as from 2001 can't get copy, lost mine. as for new loan, awaiting copy as per cca request due 13th oct. should be interesting as i don't recall signing a new agreement!!!!!

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Cheers noomill060, will do. Pity I can't get my original agreement too. That had Gap & on remembering i think did have ppi as a statement from them mentions over £1000 worth of insurance. having said that that hp was satisfied Nov'04 so should they still have it? wouldn't the six year limit be from then not from the date set-up, i.e. 2001??

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Definately send both a CCA and SAR. On the face of it it looks like you have them by the short and curlies - no properly executed agreement = no enforceable debt.

 

Whatever you do now, do not sign your letters or anything else! Only print your name....

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  • 2 weeks later...

Update is cca sent & deadline was today. they've sent me a statement for the 2004 loan, but the copy agreement for the 2001 hp!!! i've called them to say they're in breach and i want a call back today. i've already seen two templates for failing a cca request, so i guess that will be my next step. they know they haven't got a leg to stand so sending the wrong info was obviously delaying tactics!!!!

 

I've seen two examples of letters for cca failure, which should be attached if i've done it correctly!!!:lol:

 

Welcome no cca.doc

 

Welcome no cca dispute.doc

 

Just not sure which one, obviously adapted for my case, or if i need a different one.

 

I haven't been paying since this all started in June, i told them i wouldn't till sorted, never dreaming it would go on this long. Incidentally, Welcome haven't chased me!!!:confused:

 

Hmmmmm??

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UPDATE

Probably a mistake but called them to see if someone could explain why no agreement!!! Apparantly this loan from Nov'04 was a legal re-write at 0% interest that doesn't need a new agreement or indeed any signing. this was done to help me as i couldn't afford my hp repayments and to prevent a default. when i questioned the default put on the account in 2007 by saying if not a new agreement surely no default no real answer just repeated it benefited me. i then said could i have that in writing, again no real answer. i then said that i would need to clarify my position legally and nothing further could be gained from conversation.

 

Hmmmmmm.

 

Once hung up i realised the following:

 

HP was set up Oct'01 for £200 pm

Oct'02 to Oct'04 £1000 paid, averaging £40 pm

 

If it was to help me as i was no longer able to afford hp payments of £200 pm why did it take them 2 years to 'help me'

 

Feedback would be gratefully appreciated

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hi sassie

got your message

 

lets decode this welcome crap shall we

 

first of all you say the loan is a rewrite from 2004

do you have the original agreement

 

TO DO NEW REPAYMENT TERMS ETC . YOU WOULD NEED TO SIGN AN AGREEMENT TO MODIFY THE FIRST

 

ITS A LEGAL REQUIREMENT

IF THEY CANT PRODUCE THIS THE AGREEMENT WOULD THEN BE SUBJECT TO THE T&C OF THE FIRST AGREEMENT.

IF THEY DONT HAVE THAT THEN THEY ARE STUFFED.

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Firstly post, thanks so much for feedback, feel relieved having you on board!!!

 

 

first of all you say the loan is a rewrite from 2004

do you have the original agreement

 

My original agreement was from Oct '01 and was a hp for a used car. All i have is the copy agreement Welcome have sent ref my cca request!!

Unfortuneately at the moment i have no way of posting it (my laptop won't accept my new scanner or camera)!!

 

Initially i tried to return under vt in Oct '02, but hadn't paid enough. So from then till Nov '04 paid lower payments

 

TO DO NEW REPAYMENT TERMS ETC . YOU WOULD NEED TO SIGN AN AGREEMENT TO MODIFY THE FIRST

 

ITS A LEGAL REQUIREMENT

IF THEY CANT PRODUCE THIS THE AGREEMENT WOULD THEN BE SUBJECT TO THE T&C OF THE FIRST AGREEMENT.

IF THEY DONT HAVE THAT THEN THEY ARE STUFFED

This is exactly what i thought but wasn't 100% sure to argue over phone.

 

So whats my next move?

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You're telling me post!! I feel so very stupid but i honestly hadn't realised it had been that long and up untill i noticed disrepency i've always thought welcome were really good!!!:oops:

 

Anyway please find attached a breakdown, hope i haven't missed anything, and thanks so much for taking time to help me post!!!:D

 

Welcome Figures.doc

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