Welcome agreement

[bluestwo]

Hi everyone again I have already asked another question about welcome but as I was looking through some of the posts I noticed one was about unenforceable agreements so I thought I would have a look at mine.

It is a secured loan agreement, I did already have a small loan with them and remember asking them if I could top it up by£ 500 so I could go away for a few days, they couldn’t do this but could do a secured loan for me. Me being stupid agreed to this and ended up taking a loan for £17000 instead.

Anyway I’ve just had a look at the agreement and I have a blue copy which says on the top- copy of proposed credit agreement containing notice of your right to withdraw this has all details of the loan on it and says something about it has been given to you and you have at least a week to consider the terms before the actual agreement is sent to you, this is signed by myself and my partner and someone from welcome dated by all of us 03/08/07

I also have a yellow agreement that says fixed sum loan agreement regulated by the consumer credit act 1974 with the exact same details and the same date as the blue copy 03/08/07. It must have been the kind of agreement where you write on one and it copies it through the paper because everything is the same even down to the dots.

I can remember them giving me a cheque and this was put into my bank on the 06/08/07 as I have just checked my statements

I also have a copy of the legal charge which is dated the 03/08/07

They also added all the normal crap homecare etc which I already had from the last loan but they still added it.

We went into their office to sign for this loan I can vaguely remember something being said about they can’t contact you for a week but can’t remember if this happened and this is the only paperwork I have.

So what do you think is it unenforceable or not.

I have a sar and cca request waiting to be posted today.[/font]

[emanevs]

have you done a CCA request or Subject Access Request??

 

upload the agreement WITHOUT YOUR PERSONAL DETAILS once you have them

[bluestwo]

i've sent for them today so just got to wait now, its the phone calls at work that are a problem.

[emanevs]

Send em this:

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

Your Street

Town

City

Postcode

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

[emanevs]

or this if applicable:

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/100-complaint-about-telephone-harassment-by-debt-collection-agency

[bluestwo]

hi all,

 

Just to let you no I sent both sar and cca request by recorded post with postal orders in different enverlopes on the 7th and received a reply from welcome dated the 9th thanking me for my letter making a sar request . they acknowledge receipt of the £11 processing fee and it is being proccessed.

 

What about the cca this is not mentioned? shall I just sit and wait.

And is it 12 working days or 12 days from when you posted?

 

Thanks again guys

[emanevs]

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence.

if these dates pass send a non compliance CCA letter

[sam614]

hi all,

 

Just to let you no I sent both sar and cca request by recorded post with postal orders in different enverlopes on the 7th and received a reply from welcome dated the 9th thanking me for my letter making a sar request . they acknowledge receipt of the £11 processing fee and it is being proccessed.

 

What about the cca this is not mentioned? shall I just sit and wait.

And is it 12 working days or 12 days from when you posted?

12 working days from receipt.the 30 days no longer applies.for cca.

 

would not worry as they have acknowledged £11:-)

and you SAR should include your cca anyway.

 

Thanks again guys

 

SAM

[bluestwo]

Had the SAR back today just going through it and wondered if anyone can help with all the codes they use we are struggling to work some out

 

WTR

WTM

WTJ

NRP

OSC

OC - ORIGINAL CREDITOR

FBD

IMTO

CCN

PD

SWI

EOM

 

I will post the aggrements as soon as I can get them scanned

 

Thanks in advance

[bluestwo]

On the comments it says NOD? issued and on the same day Termination letter sent, should they have sent me a copy of this letter in the SAR?

 

 

also it says they have done an arrestment? earlier on this year first I have heard about it, they have got me working somewhere I have never worked before and they are appling for a aoe I thought they had to take you to court first?

 

Can anyone help?