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Hi

 

I am currently in the process of claiming back my PPI and various issues with welcome finance.

 

I took out an initial loan of £500 with £108 PPI added. 6 months later i took out a further loan with a further £260 in PPI added which settled the first loan but the original PPI was added in the amount to settle.

 

How come i was not offered a rebate on the first lot of PPI but instead had to pay for a policy on a loan that had ben settled early?

 

Any help and advice would be appreciated on this as i have been screwed by this company in more way than one.

 

Thanks


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Hi

 

I am currently in the process of claiming back my PPI and various issues with welcome finance.

 

I took out an initial loan of £500 with £108 PPI added. 6 months later i took out a further loan with a further £260 in PPI added which settled the first loan but the original PPI was added in the amount to settle. Do you have the documentation to show there was no refund on the original PPI and that the outstanding amount was just transferred to the refinancing loan ??

 

How come i was not offered a rebate on the first lot of PPI but instead had to pay for a policy on a loan that had ben settled early?

 

Good question but sadly one I cannot answer without seeing copies of any documentation you may have.

Any help and advice would be appreciated on this as i have been screwed by this company in more way than one.

 

Thanks

 

 

Send a Subject Access Request asking for all the data on both the first loan and the refinancing loan and any other data they hold on you.

 

Ask for the statements on the loans in fact here are two SAR templates for PPI reclaiming..... Full SAR for ppi

 

and also here....Data Protection Act 1998 - Subject Access Request

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

 

You should request the following documents:

 

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.

 

Copies of all statements applicable to the loan/card/mortgage.

 

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

 

Copies of all recorded telephone calls or transcripts of the recordings.

 

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

 

Do not be fobbed off by them citing issues such as relevant filing systems.

 

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

 

Once you get the data you will be able to ensure there was no refund and then you can claim you PPI premiums and interest back not forgetting the 8% statutory interest as well.


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thanks for the reply.

 

I have already made a SAR and received it a week or so ago. For some reason they have not included the loan statement for the first loan showing the payments etc made on that loan. Will have to ring them to find out why.

 

I will post the 2 agreements for you to have a look it when i get in this evening. It is not just the fact i beleive they have included the first lot of PPI in the settlement it is the manner in which they were added/sold and what i was told when applying for the loan as it is with so many cases i see with this company.

 

Thanks so far.

 

James


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Hi again

 

These are the agreements i had with Welcome along with the default notice.

 

http://i218.photobucket.com/albums/cc264/Jamesx81x/Welcome1.jpg

 

http://i218.photobucket.com/albums/cc264/Jamesx81x/welcome.jpg

 

http://i218.photobucket.com/albums/cc264/Jamesx81x/Default/welcomedefault.jpg

 

I just need to get hold of the statement for the first loan i mentioned before.

 

Also i was wondering as well as a clear mis-selling of the policy would the broker telling me by taking out the PPI on the second loan it would reduce my interest and that i was unlikely to be accepted for a further loan without it be a case of misrepresentation?

 

After all they induced me to agree to a contract that would turn out to be a detriment to myself and something i did not want or need.

 

Thanks


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send a letter before action as sar is incomplete

 

template is in the templates section

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I would also suggest a letter of complaint is in order to the OFT and FSA. The APR on these loans is extortionate at 89% and 60%. This is surely well over the top in regards to treating customers fairly :eek:


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Does APR come under unfair terms and conditions?

 

Thanks


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Hi guys!

 

Received the statement from my first loan today so i now have everything to do with both loans.

 

A quick question regarding the statements. On the loan agreement where it states total amount of loan should this include the amount of credit plus the interest on the loan? Meaning the total amount of loan is everything you have to pay. Is that right?

 

Thanks


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Anyone?

 

I ask as my statements show my monthly payment been made each month, then interest payments been taken each month.

 

What i find strange is the interest payments that are taken are different each month ranging from £25 up to £52. Just really confused.

 

I was under the impression that the total amount an a credit agreement should include everything including interest and the monthly payment included interest and capital.

 

Thanks


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Hi, I have looked at both of your agreements and I beleive they are incorrect and therefore unenforceable. They have not included the Acceptance fee in the APR figure which is against OFT rules. They should cancel the loan. Advise then that you believe is unenforceable for this reason and ask them to prove otherwise.

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Thank you for your reply.

 

Do you know where it states this in the OFT guidance?

 

I thought it was against the rules when they added the acceptance fee into the loan?


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Hi James

 

Been Off The Radar For A Bit

 

Knee Surgery

 

Whats The Update On Your Dealings With Welcome At The Moment

 

Trying To Catch Up

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Hi Postggj

 

Pretty much same as before have just received the statement from my first loan now so i everything under the SAR.

 

There are a few posts above regarding the statements and interest etc.

 

Am a little confused by PPI-Helps post as i was under the impression it is only an offence if interest is charged on the acceptance fee.

 

Thanks


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Hi, I have looked at both of your agreements and I beleive they are incorrect and therefore unenforceable. They have not included the Acceptance fee in the APR figure which is against OFT rules. They should cancel the loan. Advise then that you believe is unenforceable for this reason and ask them to prove otherwise.

 

Can you please give me a link to the OFT rules which you quote above. Thank you

 

aa


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hi

 

I have now checked both the agreements in

 

1. The £500 advance the APR stated is is 89.5% is wrong. The correct APR figure is 107.7%

 

2. The £584 plus £500 advance the APR figure stated is 60.5% is wrong.

The correct APR figure is 68.7%.

 

Therefore they breach the CCA rules as below.

 

The section you are interested in is

2004 No. 1482

CONSUMER CREDIT

The Consumer Credit (Agreements) (Amendment) Regulations

2004

 

 

Permissible tolerances in disclosure of the APR

1A. For the purposes of these Regulations, it shall be sufficient compliance with the

requirement to show the APR if there is included in the document—

(1) a rate which exceed the APR by not more than one; or

(2) a rate which falls short of the APR by not more than 0.1; or

(3) in a case to which either of paragraphs 2 or 3 below applies, a rate determined in

accordance with the paragraph or such of them as apply to that case. ”.

 

Did you get both these loans from the same office of Wellcome?

 

If these figures are typical then none of the Wellcome loans are enforceable.

 

If you need an agreement chacked just PM me.

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Thanks for the reply.

 

How did you work out these APR's?

 

If i use it in a complaint to Welcome then they are going to ask how i came about those figures.

 

Yes both loans were done in the same office.

 

Thanks


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Hi

The calculation is the standard APR calaculation, Welcome Head Office should know how this is calculated. You need to say to them that the APR calculation does not include the acceptance fee. There are very, very, very few people in the finance industry who know how the APR is calaculated and what should be included. I would guess that who ever completed the agreement did not understand this. I have looked at many agreements over the years and a large proportion are always wrong. I would doubt if any one selling a loan could actually calculate an APR figure.

 

Your answer that both loans were written at the same office, indicates that they were both wrong for the same reason. I would suggest that if you know any other people who had a loan from the same office their agreements will also be wrong. Perhaps this may be of interest to alanalana

Edited by PPI-Help
added extra content

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Thanks for the reply.

 

It may be the standard calculation but how did you get those figures you quoted i ask so i can work it out myself then forward this to welcome. Before any complaint i want to have everything 100% correct.

 

The accpetance fee should not be included in the APR as interest should not be charged on it.


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Hi

The formula for the APR calculation is just complicated and not worth your while getting into, I use several methods for getting the answer.

 

Who told you

"The accpetance fee should not be included in the APR as interest should not be charged on it"

They are wrong, and thats why the APR is wrong.

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Well which section of the CCA states this?


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Hi James

The section you need is

The Total Charge for Credit Regulations, made under section

20 of the Act, define a total charge for credit (TCC) which includes interest and other

charges which affect the real cost of borrowing – even if they are not payable under

the credit agreement itself.

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That section is regarding the total charge for credit. If you do not include the £75 fee then everything adds up the monthly payments etc are spot on.

 

What you are basically saying is the agreement is unenforceable as they have not charged interest on the £75 acceptance fee. Therefore saving me the cost of the interest added on top.

 

How can someone complain that a company has effectively saved them money?

 

What is missing is the total interest charge and the total amount of loan with the interest added.

 

Then there is the matter of the mis-sold PPI.

 

Thanks


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Hi James

You are correct if you do not include the the £75.00 the figures are right. However the lender still has to include the £75.00 in the Total charge for Credit to calculate the APR.

The APR has to include ALL the charges in respect of the loan (subject to certain criteria)

Does this help you?

Thanks

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Yes it will help if they have not followed the correct procedure asng it will throw all the figures out as you said.

 

Am i also correct in saying the total interest charge and the total amount of loan with the interest added should also be on the agreement? As it is missing from mine.


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Hi James

 

You are correct the total interest and total amount of the loan should really be on the agreement as well.

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