welcome finance Problems

[abi_cutie09]

update

 

I sent sent Nottingham and local office, the DO NOT IGNORE THIS LETTER- LITIGATION ADVICE letter on the 15th December, because they had not fullfilled my cca request.

 

Today I recieved from NOTTINGHAM,

 

6 pages stapled together.

 

The first page is their cover letter, thanking me for reguesting further infomation. and advising me that my agreements have been enclosed.

 

They also state in their letter that my agreements were previously sent on___.

 

The second page is 'customer declaration' but there is no where to sign.

 

Third page is the first page of my hire purchase agreement.( they haven't provided the part that has the signature.)

 

fourth page is headed 'dealers offer warranty and invoice'.

 

fifth page loan agreement

 

sixth page is terms and conditions for the loan.

 

They still don't acknowledge my cca request, they only acknowledge sar.

[postggj]

have they sent the agreements that have your signature on them

 

dont keep me in suspense

 

yes or no

[abi_cutie09]

the personal loan yes

 

the hire purchase no

[postggj]

there is a surprise

have i seen the loan agreement yet

[abi_cutie09]

the hire purchase agreement comes in two parts and they have not sent the signature part.

[abi_cutie09]

im sure you have seen my loan agreement, it is on post number 8.

[postggj]

have a look at post 20 and the letters ive done

 

its realy the only way now to end this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240286-old-debt-please-help.html

 

 

let me know your decision

[postggj]

where is the total amount payable:D:D

[abi_cutie09]

do you mean the letter headed 'I do not acknowledge this debt' ?

 

If so, Could I use it for my hire purchase?

 

Thanks for your kind help so far.

[abi_cutie09]

where is the total amount payable:D:D

There isn't one:D:D

But does that help me at all?

 

Thanks for your help,

[abi_cutie09]

I am also waiting to hear about the misold ppi ( for the hire purchase)

 

there final responce is due soon.

[postggj]

send both in the same envelope

if they cant locate the agreement or try and fob you off with a reconstructed one, cpr31.16 comes into play

 

they cant ignore that

 

send the cca request also

 

its only a quid and they cant worm ot of it then

 

by the way, on the loan agreement, you have 2 apr

one will be for the loan, the other insurance

 

but which is which:D:D

[postggj]

There isn't one:D:D

But does that help me at all?

 

Thanks for your help,

 

 

double checking but i believe thats a prescribed term

 

if correct welcome can go and swing

[postggj]

hold the fort on those letters

 

have a better one

[postggj]

Originally Posted by postggj

THIS IS NOW THE ONLY WAY TO FORCE WELCOME TO RELEASE A TRUE COPY OF THE AGREEMENT

 

HOPE YOU DONT MIND BUT I PUT THE INSURANCE BIT IN

 

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

As you are aware on xyz, i made a request for a TRUE COPY of my agreement and executed by my SIGNATURE.

 

Even though your reply on xyz does comply with my request under the regulations, its is not a true copy. because of this i am now making a fresh request for a copy of the following information.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed .Additionally i require the underwriting sheet or any other document showing any commissions paid to you by the broker or by you to the broker

 

I require the underwriting sheets as i believe undisclosed commission payments were added to my account.

 

This request is valid for any previouse agreements i have had with welcome financial services and any link with direct group who provide these insurance products.

 

This request applies to all and any information relating to WELCOME ELITE BROKERS,

 

Obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

 

Regards

 

 

 

xxxxxxxxxxx

 

 

 

 

 

You’re Address

 

Date

 

Dear Sir/Madam

 

Re: − Account/Reference Number 4563210025897412

 

this letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of S.77 (6) will apply.

If it is your view that you are not the creditor, S.175 of the CCA 1974 applies in this case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are the creditor as defined by S.189. If you contend that you have purchased the rights but not the duties of any agreement, you are reminded that S.189 of the act is clear that an assignment is of both rights and duties.

Your attention is drawn to SS.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

 

 

 

these are the ones to send welcome

Edited January 3, 2010 by postggj

[abi_cutie09]

Postggj,

Should I send both of these letters?

 

Is this for my HIRE PURCHASE?

 

Should I wait to here about the ppi first?

 

Sorry for so many questions.

 

They provided the signed personal loan agreement today, so I might make them an offer to settlethe loan.

[postggj]

yes

 

put the hire purchess agreement number on those letters

send both

 

its obviouse they dont have the agreement

this will get them to confirm it

 

they have no choice in the matter

[postggj]

the personal loan is defective

will not hurt to make an offer as they are that desperate for cash though to end it

[abi_cutie09]

send both in the same envelope

if they cant locate the agreement or try and fob you off with a reconstructed one, cpr31.16 comes into play

 

they cant ignore that

 

send the cca request also

 

its only a quid and they cant worm ot of it then

 

by the way, on the loan agreement, you have 2 apr

one will be for the loan, the other insurance

 

but which is which:D:D

 

I cant spot the two apr's, but then it is late and Im going cross eyed.

 

I don't have insurance with my personal loan,

 

so it must be my hire purchase that has two apr's?

[abi_cutie09]

with that second letter ,should I quote s.79 instead because it is a hire purchase?

 

I will get them printed and sent monday.

[postggj]

you have 2 apr on the fixed sum loan agreement

 

55.55 % and

 

60.35 %

 

 

gotcha

gotcha

gotcha

 

on a fixed sum loan agreement the apr is fixed

not variable

 

that only happens on a secured loan

 

agreement is crap

[postggj]

with that second letter ,should I quote s.79 instead because it is a hire purchase?

 

I will get them printed and sent monday.

 

 

i allways use s.77 to s.79

 

no room for welcome to cop out

[abi_cutie09]

you have 2 apr on the fixed sum loan agreement

 

55.55 % and

 

60.35 %

 

 

gotcha

gotcha

gotcha

 

on a fixed sum loan agreement the apr is fixed

not variable

 

that only happens on a secured loan

 

agreement is crap

you clearly know your stuff,

as for me I'm still learning,

 

I seem to remember the loan statement quoting a complete different apr

Edited January 3, 2010 by abi_cutie09
..spelling

[postggj]

thats even better

 

dig out one of the loan statements and see what the quoted apr is

[mark1arby]

Do Loan Statements Show the APR???