Jump to content


  • Tweets

  • Posts

    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
    • As the electric carmaker sees sales fall and cuts jobs, we take a closer look at its problems.View the full article
    • Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this? Every day is a school day.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Need help in court against welcome !!!


rjex
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5350 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 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

Link to post
Share on other sites

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.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

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.

  • Haha 1
Link to post
Share on other sites

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!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

  • Haha 1

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...