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    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
    • What's the default date? It should be on your Credit File
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tedmaul72

Welcome Finance rewriting agreement?

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I took out a Welcome loan in July 2004 - 36 months @ £112. I ran into some financial difficulty in March 2005 and agreed reduced payments of £67 a month. Or so I thought...

 

I've now paid over £3,500 to this loan (amount borrowed was £2,100) but Welcome still insist I owe over £1,500.

 

I've just received a copy of my Experian credit report. Welcome have marked the July 2004 loan as 'satisfied in 31/03/05' and have created a new entry for a 60-month loan with payments of £67 starting on 31/03/05. :mad:

 

I still have the original agreement for the July 2004 loan but don't have any paperwork relating to a 'new' loan in March 2005. It's unusual for me not to have some paperwork and I can't believe I wouldn't have retained it, let alone have been stupid enough to sign any agreement. 8)

 

I've sent a Subject Access Request off to Welcome to see if I can track down this missing agreement. I've also written to try and claim back PPI, certainly on the original loan and possibly in this 2005 loan but I don't know that for sure.

 

Is this a regular Welcome tactic? I presume that if they can't produce the 2005 agreement then I can tell them where to go? But will my monthly payments of £67 have acted as an acknowledgement of the debt?

 

I shall post their replies as and when I receive them.

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hi ted,

 

i don't know if its common but it has happened to my OH too, we have asked for the credit agreement via a CCA and as we don't have the original true copy just a print out off the computer (of the alleged scanned agreement) we have put the account into dispute, to speed things up I would suggest you do a CCA request with the £1 fee for it asap...send recorded or (my personal favourite) special delivery they have 12+2 days to send you the contract.... go from there and keep us informed :D

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I will do. :) I'll get the CCA sent off today to Welcome.

 

I do remember having a couple of phone conversations with them around March 2005 about the reduced payments. I certainly don't recall going into their offices to sign anything. I guess the ball is in their court now.

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YES IT IS COMMON

 

I have seen at least 15 experian accounts saying a new agreement was started WITHOUT paperwork.

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This is the same thing thats happened to me, i also got landed with a mystrious personel loan!, Iv sent of a S.A.R request with the fee will this get me true copies of the credit agreement or will i need to send a CCA, Also what is a CCA.

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the CCA is the quickest way to get the true copy, the SAR will give you that again but also show you what they rebated for previous PPI and interest...cough!

 

i would suggest you send the CCA request, you should recieve it in 12+2 days or you can default the loan and cease payments until the true original is sent. it will cost £1, send by recorded or special delivery

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the CCA is the quickest way to get the true copy, the SAR will give you that again but also show you what they rebated for previous PPI and interest...cough!

 

i would suggest you send the CCA request, you should recieve it in 12+2 days or you can default the loan and cease payments until the true original is sent. it will cost £1, send by recorded or special delivery

 

Thanks for that the wife, i think in my case i will need every bit of info i can get from them, i should if what they say is correct have 3 seperate credit agreements! one for the original hp one for the rewritten and on for this mysterious personel loan, plus i want to see exactly how much iv paid total and how much they`v charged me for various bits an bob`s, anyway sorry to thread hijack lol dont seem to be getting anywhere with my thread lol.

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I would suggest worbster that you too send the CCA request, that way if they don't respond you can then put the account into dispute properly rather than with the SAR.

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I would suggest worbster that you too send the CCA request, that way if they don't respond you can then put the account into dispute properly rather than with the SAR.

 

 

Wife could you jump over to my thread please as feel a bit bad for jumping on teds.

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