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djwigster

Welcome Finance Loan "Agreement" Sent...

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Hi all,

You may have seen my posts on the HSBC forum ref my wifes managed loan that she forgot to tell me about...well, theres also one from Welcome Finance :mad:

Shes had dealings with WF for a few years apparently, but this latest loan was a rehash of an old one/ones and was taken out in November of last year.

And yes, I went mad when I found out about the loan...especially the fact it was rehashed so recently.

 

I thought I may be wasting my time checking this one out, but for the £1 fee I sent a CCA request out. The attached is what theyve sent...I hope this works correctly as its the first time Ive used photobucket:

 

Pictures by Unwelcome - Photobucket

 

Absolutely no prescribed terms, PPI and "personal accident plan" added even though she swears blind she refused them etc etc.

 

So, is it now time for the account in dispute letter?

 

Note, I have already cancelled the DD after they took a double payment out this month (well tried to :)).

 

Thanks in advance :)

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ill deal with this tonight

 

me thinks they have no agreement

 

shame

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Shameless bump!

 

Just ref the above, my initial thoughts were that they have no agreement too, but surely even Welcome wouldn't be so incompetant as to lose something from only last year and secondly looking at the T&Cs page they've sent it says page 4 of 21...I wonder whats on the pages they haven't sent :confused:

 

Thoughts welcome!

 

Thanks.

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I think a SAR might be a good idea in the first instance.....or if you want to order disclosure then this could be the way to go - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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welcome and there addmin are non exsistant

 

they would lose an agreement overnight

 

i agree with 42man

 

send them by recorded delievery an sar request

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Thanks again for the replies. I am preparing my SAR letter now and will send it recorded delivery today.

 

I wonder whether Welcome Finance will still be going by the time it reaches them though! :lol:

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Hi all,

Sorry about this, but in need of further advice...

 

We are still waiting for the SAR, as mentioned above, but another minor issue has recently come to light.

 

Apparently my wife is "1 payment behind" on her loan due to her requesting that the DD date was moved from the 1st of each month to the end of each month and not realising that Welcome would still need the "payment inbetween" (difficult to explain, but DD taken out 1st June as normal, July's and onwards were then moved from the 1st to the 31st at her request, so Welcome are now always 1 month behind...if you follow!)

 

Anyway, Welcome took a payment out on 31st July, then another on 1st August presumably to catch back this "missing month". I was unaware of this DD change at the time so I cancelled the 1st August DD and all subsequent ones as I thought Welcome were just playing silly buggers and taking a double payment...this has been followed by lots of phonecalls from Welcome requesting a new DD set up and threatening a doorstep visit!

 

So, what do I do now? As you can see above, I've done the CCA request which came back with a load of crap, and am in the middle of an SAR request. I would rather not pay a double payment to them this month to bring the account back into line, but is it too late to put the account in dispute following the substandard CCA response we had?

 

Thanks in advance, and if you need me to explain it in more detail let me know!! :)

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until they produce a valid agreement as to your cca request, the account is in default of the request

 

you can with hold all payments and welcome can take no enforcement action until compliance

 

let them know by recorded delievery about stopping payments to cover your self

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On at least one pic, you have left on personal info.

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On at least one pic, you have left on personal info.

 

Thanks for the heads-up...dont know how they slipped through the net!

 

until they produce a valid agreement as to your cca request, the account is in default of the request

 

you can with hold all payments and welcome can take no enforcement action until compliance

 

let them know by recorded delievery about stopping payments to cover your self

 

Thanks once again for your advice, will get the letter off tomorrow :)

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Typical. Posted the "in dispute" letter off first thing this morning...then this afternoon receive the SAR through, with all of the loans agreements :mad::mad::mad:

 

After having a quick scan through it looks like the SAR also consists of approx 60 pages of bumf including loan statements, records of phonecalls, eligibility questionnaires/justification for the PPI on each of the loans.

 

A quick summary is as follows:

 

1st loan: Taken out in 2002/3 - No info sent on this, but I know at least 8 payments of £132 were made on this one (info from bank statements).

 

2nd loan: Jan 2004 £844, consisting of £312 to settle loan 1, £200 cash advance, £150 healthcare, £107 PPI, £75 acceptance fee. 12 month term @ £89.97...APR 93.1:eek: I assume this was paid off fully.

 

3rd loan: Feb 2006 £1720, consisting of £1000 cash advance, £300 medicare, £345 PPI, £75 acceptance fee. 3 yr term, 17 payments made at £66.94/month...APR 30.2%

 

4th loan: Jul 2007 £2160, consisting of £979 to settle loan 3, £500 cash advance, £175 personal accident plan, £444 PPI, £75 Acceptance fee, 3yr term, 15 payments made at £84.14/month...APR 29.3%

 

5th loan: Nov 2008 £2800, consisting of £1380 to settle loan 4, £500 cash advance, £195 personal accident plan, £645 PPI, £75 Acceptance fee. 3yr term, 9 payments made so far at £125/month...APR 40.1%

 

----

 

So, £820 for healthcare/personal accident plans etc, £1530 for PPI and £300 for acceptance fees :x.

 

Here is the latest agreement too:

 

Welcome Agreement 08

 

 

Is the above agreement enforcable (it looks pretty good to my untrained eyes :(). Can any of the above PPI/Healthplans be claimed back even though there's lots of bits of paperwork signed by my wife where it basically says she's agreed to it?

 

Any other helpful comments welcome :)

 

Thanks in advance.

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I haven't had a look at the agreement, but if PPI is involved, and has been mis-sold, the final figure for credit is incorrect because the PPI has been added in.

 

To be enforcable at all, that final figure needs to be right. Wilson-v-etc, etc

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Thanks for your response.

 

How does one go about proving that the PPI was mis-sold?

 

What should my next move be?

 

Thanks :)

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We Are Talking Of

 

Wilson V Fct

 

For That , It Needs To Be Added Into The Amount Of Credit, Say Acceptance Fee Before Calculating Interest

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Thanks for the replies, but Im still unsure what this means and how to proceed :confused:

 

Sorry to be a pain :)

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Im my case, I can prove mis-selling, cos there are boxes to tick if you want the insurance. I didn't tick them, cos I didn't want insurance, and foolishly never thought they'd try to pull a fast one by sneaking the figures in, hoping I wouldn't notice.

 

Well, I didn't notice. Which just goes to show you should really take forms away with you to check over at home, rather than signing there and then.

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What stage are you at with the PPI claim Fester?

we didn't tick the boxes either, still have the original credit agreement...although in the credit agreement they just sent us due to cca request... the boxes are ticked.

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This Gets Better And Better Emmilou

 

Ill Sort This For You Over The Week End

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Got an offer on 4 out of 7 loans, Emmilou. Plus stat interest at 8%. Remainder stat barred apparently.

 

I've told them to poke it, I want all payments, PLUS compounded interest at their contractual rate in restitution, on ALL loans as S32 of limitations act applies.

 

But I'll quite happily compromise and let them write off over £24K on current loan plus relinquishing charge on my property in lieu of payment.

 

Otherwise I will be after more than the PPI, and will see them in court about all 7 unenforcable agreements, where I will want every penny I have ever paid to them returned to me. :D

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Thanks post :)

 

Let me know if you want me to pm you the original agreement with the one they sent for comparison.

I would post them here on the public forum but since one of the problems is due to a difference in signatures i'd prefer to do it private mail.

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Can somebody just confirm that the agreement I posted is OK or not before I tackle the PPI etc, as Im not too confident of finding holes in the PPI bit as the Mrs just blindly signed everything that was put in front of her when signing up for the loans. :mad:

 

Thanks once again :)

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Fester: Blimey! sounds good to me I look forward to hearing what the outcome is!

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djwigster,...I didn't notice anything untoward in your agreement but yours is very different to mine.

 

If your wife says she didn't want the PPI and they made her take it out or put it on without her knowing then it's still mis-sold and probably your best bet in my opinion.

 

Welcome will probably deny it but when they do you can take it to the FOS.

 

good luck

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Thanks Emmilou! Yeah, she swears blind she didnt ask for any cover, and her jaw hit the floor when I told her they'd stitched her up for over £2500 with the acceptance fees (my reaction was one of anger and disbelief that she could have been so stupid as to sign things without fully understanding their consequences).

 

Ah well, I will look into it all with a fine tooth comb in any case. There may be something I can do, or she may just have the only watertight Welcome Loan/PPI in existance :Cry:

 

In the meantime if anyone can think of any other plans of attack I'll be all ears!

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