Need help in court against welcome !!!

[rjex]

Hi everyone am going to court soon on behalf of my stepson and need people to come forward and spill the beans on how these back street loan sharks behave. I would like anyone to come forward who have had re-writ loans with welcome finance to come forward. So I can show evidence of irresponcible behaviour is endemic within their company practices.

 

I have till the 18th of September to send in details of witnesses I would like to call upon for the defence. If any of you have horror stories about welcome then please come forward it would be of great help. It would also mean a good kick up the backside for welcome.

 

Can leave your details on this thread and I will get back to you as soon as I can. Will be checking thread daily.

 

Many thanks

[postggj]

hi rjex

 

have you got all the info on welcome

 

has your stepson done an sar

do you have the agreements

insurance policies

[foolishgirl]

You will need more than anecdotal evidence rjex to win a case against Welcome. If you can post a copy of the POC, the defence & any docs you have ent for in relation to the claim, CAGers may be able to help. Remove all personal details before posting.

[rjex]

Who would I make a subject access request to ? would it be welcome themselves or credit reference agency.

 

All welcome did to see whether my stepson was elligable for the we-writ loan was a simple income expenditure form all he was left with after paying the loan was £5. This did not take into consideration any variation in living costs which in a document - "Irresponsible lending

– OFT guidance for creditors An OFT consultation July 2009" suggests is irresponsible behaviour on the part of the lender. Furthermore aforementioned document states very clearly in a number of instances behaviour that was not adhered to by welcome finance. That is the basis for the defence.

 

Examples as follows - The APR was not explained to my stepson it was at about 16% however the amount of interest he was paying monthly was around 50%

 

- No credit checks were done which OFT document states should be done

 

It states

"The borrower's credit history including any indications of the borrower having experienced existing or previous financial difficulty."

As this was a re-writ loan this was not adhered to because it was obvious my stepson was having financial difficulties or they would not have offered a re-writ loan in the first place.

- The income/expenditure form did not take into account variations of every day living and as there was only £5 left after the loan was paid OFT also suggests the following.

In taking expenditure into account in assessing affordability, such considerations should take into account not only regular household expenditure and relatively fixed outgoings (monthly rental payments for example) but also the varying nature of certain items of expenditure over the anticipated repayment period .

Which welcome did not.

- Finally and most importantly the re-writ loan caused my stepson to get into more debt and for a longer period. Rather than offering a reduced monthly rate or offering names of insititutions such as the CAB or CCCS who may have been able to help. However the debt rose OFT also suggest that.

"Creditors should not encourage borrowers to increase, aggregate or roll over existing debt when borrowers may face difficulties clearing their debts."

These are just a few of the discrepencies I have found in welcomes behaviour would like your opinions or any other advice if you have any

manys thanks RJEX

[foolishgirl]

If your step-son has had court proceedings issued against him but the case has not been allocated to track, he can apply for all the information he needs relating to the POC under CPR 31.14. This is free but the exact info. has to be speciifed & the request has to state it is made under CPR 31.14. More info here: http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

If no POC issued yet or your SS requires additional info, he needs to send a SAR to welcome (cost £10.00) template here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

Amend to suit your case. Do not sign, print or use digital signature. Send Rec Del. They have 40 days to respond.

 

If you do not have copies of the agreements, you need to send a request under S77/78 of the CCA1974 (£1.00) Again do not sign, send rec. del. They have 12+2days to respond.

 

Re. the info you have been supplied on interest rates, encouragement etc. your SS should make a complaint to the OFT. You haven't posted copies of any docs etc. so difficult to assess of how much value that might be in your SS's defence.

[Fester Tester]

A SAR should bring up the income/expenditure questionnaire that Welcome should have filled in and taken note of when assessing fitness for the loan. If it is missing, or is all fairy stories, then it might be worthwhile exploring the possibility of challenging on the basis of there being an unfair relationship, since Welcome will have demonstrated irresponsible lending practices.

[foolishgirl]

If it is missing, or is all fairy stories, then it might be worthwhile exploring the possibility of challenging on the basis of there being an unfair relationship, since Welcome will have demonstrated irresponsible lending practices.

 

Excellent point fester!

[42man]

Are they taking YOU to court or are you taking them to court ? Have you requested disclosure of full documentation via the Civil Procedure Rules ? What are the PArticulars Of The Claim ?

[rjex]

Thanks very much for comments, I have copies of the credit agreement and all other documents relating to the re-writ loan including the income/expenditure form. On the credit agreement itself as I mentioned earlier it has a rate of 16.3% APR does the Credit agreement have to state that this percentage is to be charged monthly, weekly or yearly. I have tried working out the APR for the loan and it never seems to come out as much as they have calculated it.

 

 

 

Any suggestions !!!

 

Also welcome are taking my stepson to court would OFT be able to intervene even if the matter is due in court in the near future ???

 

Sorry have not scanned any documents have not got a scanner bit of a tech neanderthal.

[foolishgirl]

On the credit agreement itself as I mentioned earlier it has a rate of 16.3% APR does the Credit agreement have to state that this percentage is to be charged monthly, weekly or yearly. I have tried working out the APR for the loan and it never seems to come out as much as they have calculated it.

 

Annual Percentage Rate - it's annual, but never comes out as you would expect a straight percentage rate would. You need an online calculator to do it for you.

 

 

Also welcome are taking my stepson to court would OFT be able to intervene even if the matter is due in court in the near future ???

 

No definitely not

 

Sorry have not scanned any documents have not got a scanner bit of a tech neanderthal.

 

It's OK - can you get someone to do it for you eg. friend, work etc? Failing that you could type out the relevant bits of the agreement. It's almost impossible to give advice without seeing what is contained in the agreements & how it is worded (or not!)

 

FG