Jump to content


  • Tweets

  • Posts

    • I accept the point you have made in paragraph 2 and I am aware of the risks I will incur at any hearing. However the opposite side of the same argument is that Lloyds will have to claim they have no liability whatsovever as the card services provider in a scenario where clearly there was a breakdown of payment services between themselves and the merchant.   The Court may decide against me for not exhausting all options or it may accept that myself and this particular merchant are in dispute and there was no reasonable prospect to recover the money. Regardless of those options (which is exactly what I consider them to be options - not obligations), I am of the opinion Lloyds Bank is still liable as a card services provider and if I am successful it will have wide reaching implications on their policy of attempting to fob their customers off whenever they induce preventable mistakes and refuse to correct them.   To put it another way, if you have a dispute with an energy company you can use the Ombudsman Service, or you can forgo it and proceed to court. I have forgone my option of a section 75 claim and wish to hold Lloyds liable. I believe I am only afforded the option of a section 75 claim as a result of the Consumer Credit Act - although this could be an error on my part. And that banks prefer their customers to pursue merchants in full knowledge they are equally liable. After a lengthy discussion with HSBC regarding the same issue they attempted to fob me off with a similar excuse that I am subject the conditions of Master Card or Visa or whichever company it may be. They attempted to do this by simply referring me to a webpage that does not form any contractual agreement or present itself as terms and conditons to be accepted by me. I totally disagree with the positions of both banks, if I have entered into agreement and hold an account with Lloyds, I believe all my dealings are be conducted with them and whatever agreements they have with another payment service they intertwine with is a matter for them. My credit card agreement is with Lloyds not Master Card.   Both myself and Lloyds will be risking something if this proceeds to Court. I have accepted that and there are few causes worth pursuing that do not carry inherant risk.
    • Hi, thanks for replying. Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.
    • So the dealers aren't interested It doesn't matter, as you already understand the liability rests fully with the finance company and frankly I think that you are probably waited long enough because nobody seems to be committing themselves to sorting the problem out. There are a couple of technical problems that you need to understand. A quick of English law is that you must actually have suffered a financial loss in order to bring action. Although clearly the damage the engine represents a substantial amount of money – it isn't actually money. Normally speaking if you're suing for breach of contract you would have to demonstrate a pecuniary loss and that means that you would actually have had to spend the £8000 to repair the vehicle and then claim it back. I think that the county courts are sufficiently modern-minded that they may run with it anyway but I would be surprised if your hire purchase company objected in the first place to bring an action for the value of work which had been carried out. The second thing though is that if you are not actually out-of-pocket then you won't be able to claim interest. The County Court rate of interest at the moment is extremely high comparatively speaking – it is 8% simple. You won't get that rate of interest anywhere else. If you simply sue for the value of the repair without having spent the money, then assuming that nobody raises some technical legal objection, then all you will be able to recover is the £8000 for the repair and no interest. If you spend out the £8000 now and have the car repaired then you will be to recover that money +8% until the money is repaid to you. Of course the hire purchase company won't actually want to go to court about this and eventually they will pay. However they will simply try to pay you your net sum – but if you have actually started proceedings then my advice would be that you should stand your ground and tell them you want every last penny including the interest – as well as your court fees. There may be other losses which you are incurring why this car is off the road. Presumably you are paying insurance. Presumably also you are paying road tax. You have an alternative vehicle so you aren't really in a position to claim for alternative transport but on the other hand if the loss of this vehicle is costing you anything else then we need to know about it. You certainly need to calculate a daily rate for the insurance which is basically money thrown away and also a daily rate for the road tax which is also money thrown away. If there are storage fees then they should be recoverable as well. My recommendation to you is that you get the work done after having given proper notice to the hire purchase company that this is what you going to do and that you are then going to see them to recover the money. Let us know what you think about this. Have you asserted your right to reject?  
    • OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?
  • Recommended Topics

  • Our picks

  • Recommended Topics

Help needed with letter from Welcome!!


Cassie 1982
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4486 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

 

We have been in in dispute with Welcome since the start of the year with letters going back and forth all this time and nothing really being resolved. We took some advise from these forums and have been arguing the toss with Welcome but could do with some more advise about a letter we received from them, supposedly responding to our complaints, but I think they are just trying to fob me off.

 

We placed our account in dispute after they failed on several occasions to provide us with a SAR and it looked like they were never going to respond to us while we maintained payments. We also knew that they had added charges to our account which should never have been there. We have kept copies of all corresondence we sent asking for this. They have never accepted that the account was in dispute and harrassed us, despite harrassment letters being sent, and continued to add charges to the account.

 

We have now had a response from them and I am doubting some of the things they are telling me so wonder if anyone could help. The foolowing are things they have said which I would like help with please?

 

1. They say " It is my understanding that an account can only be placed in dispute under the terms of the banking code. As WFS is not a bank, it does no subscribe to the banking code and therefore do not accept that your account is dispute, and that we are unable to register information to the credit reference agancies"

 

2. They say " I do not believe that we are required to provide an explanation as to how the option fee and acceptance fees are calculated , nor provide details of any commission paid. If this is not the case, please let me have the relevant case precedent so this issue can be reconsidered"

 

3. I questioned several ad hoc fees which had been added to my account which were of varying amounts and they have said "The ad hoc fees shown will either comprise either a telephone call, letter, or returned direct debit"

 

Any help you could give would be much appreciated as I am not sure a=if Welcome are right in what they say!!

Link to post
Share on other sites

no ofcourse they are not!

 

postggj will be along soon to start the cannon balls firing in his fav direction!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

you say sar, but have you request the cca?

if not do it!

 

what you have above is a brush off letter designed to to put you off claiming!

 

get a claim going total them all up. add their int, compound it, then add 8% stat and fire it off

 

ignore the phone calls, there is nothing they can do to you.

 

get your claim in now! [oh and what about mis-sold PPI!??]

 

rumour mill has it welcome are going for a big fall down very soon.

 

if you must fire off the harrassment letter too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for the reply. I requested a CCA and got back a copy with tiny figures which I could not understand, they have said they are trying to locate a legible copy. Harrassment letter has been sent many times and said they would comply with this for a month to allow me to reply to the letter I refer to in the OP. I really need to reply to them with some solid facts about why accounts can be placed in dispute even though they are not a bank. When you say get a claim going, can you clarify what you mean?.

I have no PPI on this account because they re wrote the account and removed it

Link to post
Share on other sites

if they have failed to produce a credible cca in 12+2 days from whenever ignore them.

i would scan it and post it up anyhow remove pers details though but leave figures.

they dont have to be a bank to be in dispute! its the CCA rules that govern them!

 

i dont understand this sentence

"I have no PPI on this account because they re wrote the account and removed it"

 

welcome are the pits at mistreating their customers...do some reading too!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The original agreement we took out had PPI added. About a year later we asked for our payments reduced as we were struggling and we were told to come to the office to sign paperwork to agree to this, but they actually done a rewrite on the loan and the new agreement has no PPI added.

Link to post
Share on other sites

You need to get all the information about your accounty hel by WF from them, then look at it all, see if they have applied any fees or late payment charges, charges for phoning you, writing you letters and so forth, if so, these will be the basis for your claim, unfair charges.

 

you need to also look at the agreement, check it against the lawful format, there is masses of information on this site, use the search box, to find out if it complies with the layout and figures added correctly and so forth, if it does not conform then you might be able to challenge the agreement as unenforceable.

 

you are a long way from this at the moment, getting all the information is the key, you can do this with a subject access request costs £10, however, you may have done this already.

 

if they have not complied with your request then find the template letter, again it is on here in the library section, and send it to them as this is also a breach of the data protection act, failure to comply.

 

you could wait until you have all the information but if you think they have not more to send you then you can begin. if you do not understand the documents you might need to blank out your personal details and post it on to cag for others to hlep with, good luck.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

Link to post
Share on other sites

Cassie

 

To Answer Your Questions

 

Question 1 Welcomes Response Is Rollocks, Any Account Can Be Placed Into Dispute, They Have Eight Weeks To Investigate And Give A Final Response To Your Complaint And Also Give You The Oppertunity To Escalate The Complaint To The Fos

 

Question 2

That Would Also Go Into Your Complaint With The Fos

Welcome Will Not Release These Details, It Will Explain The Con On The Underwriting Sheets. A Few Caggers Who Have Requested This Info Once Welcome Have Issued Court Action Through A Disclosure Order Have Had There Cases With Drawn Rather Than Release The Underwriting Sheets To Explain Who Gets What On Commission

 

Question 3

 

Welcome Will Have To Justify Every One Of There Fees, There Is Normally A Code With The Fee

Again, Its All A Con

 

Do You Have Your Last Agreement As Well As The One Thats Been Re-written

 

I Can Tell You Now No Ppi Rebate Would Have Been Credited To Your New Agreement

Link to post
Share on other sites

The original agreement we took out had PPI added. About a year later we asked for our payments reduced as we were struggling and we were told to come to the office to sign paperwork to agree to this, but they actually done a rewrite on the loan and the new agreement has no PPI added.

 

Even though the earlier account is now closed, isn't it still possible to claim unfair charges and mis-sold bits on it if it's within 6 years? I bought a 2nd car from Welcome nearly 3 years ago, the first agreement had PPI, I refused it on the 2nd, so I wondered whether when I send them the SAR and CCA request, will they have to provide details of both accounts? (I hope that makes sense!)

Link to post
Share on other sites

With A Sar Request

Welcome Have To Provide All Details They Have On You

Including Previouse Accounts

 

If Welcome Get Shirty Ref The Six Year Rule, Kindly Inform The The Six Year Rule Starts From When The Account Was Closed By Welcome, Not Its Conception

Link to post
Share on other sites

and that you have only just been made aware of their evil ways [FOC like that one].

 

plus i also think that the old debt is not actually closed anyhow, as it is linked in to the agreement of the new one by virtue payoff.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sorry I haven't been back before now. Thanks for all the help everyone. Have sent them off a letter telling them they are talking balls! Will post up the agreement as soon as they send me a legible copy.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...