lourrans v Welcome (Car VT'd, still chasing debt)

[postggj]

hi lourrans

 

do you have a statement of price

needs and demands statement

 

any mention of welcome elite brokers

[lourrans]

hi postggj

all i got is the letter i scanned today, plus 20 pages containing Introduction, changing your mind, eligibility, changes, employment, your benefits, life cover, accident cover, your claim, replacement loans, when does your policy end, cancelling this insurance, complaints, general information, definitions, thats all i got.

what do i do now,, i am pretty confused.

[postggj]

have you done an sar to welcome yet

[lourrans]

hi postggj

no i havent, i dont even know what that is. what is it?

thanks

[pwg6565]

Hello Lourrans. I am no expert and just follow the advice given. Subject Access Request costs £ 10 which you should send by postal oder and they have to provide all the information they have on you on file, statements. contracts etc.

[pwg6565]

This is the link to the letter you require.

 

Good luck and do not sign the letter just print your name and send recorded delivery !!!

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

Edited October 4, 2009 by pwg6565
Wrong link posted.

[lourrans]

hi pwg6565

i just sent the Subject access letter,

what happens now?

thanks

[lourrans]

i sent it to welcome finance, my local branch,,, is it ok,,, ?

[pwg6565]

Welcome Finance.

Compliance.

Ruddington Fields Business Park, Mere Way, Nottingham, NG11 6NZ.

Is the address which I apologise for not passing on earlier but I think the local branch is ok as well.

[lourrans]

lets see what happens,,,

what are they supposed to do now?

like is it looking any good for me?

[pwg6565]

They have to send all details they have on you ie..Agreements, statements etc. When you recieve them post them up using photobucket and let the experts such as Postggj take a look and advise you. Good Luck !!!

[lourrans]

thanks

will do,,,

[lourrans]

hi postggj ,,,

i got a letter from welcome finance saying `` Without prejudice``

`` you are hereby served under section 87(1) consumer credit act with the attatched default. Notice, we intend to exercise our rights to enforce collection unless you clear the arrears within 14 days, or alternatively contact us with your proposals for settlement.

 

what can i do,,, is there a way out of it???

 

somebody help please!!!

thanks

[lourrans]

i got a letter from welcome finance saying `` Without prejudice``

`` you are hereby served under section 87(1) consumer credit act with the attatched default. Notice, we intend to exercise our rights to enforce collection unless you clear the arrears within 14 days, or alternatively contact us with your proposals for settlement.

 

what can i do,,, is there a way out of it???

 

somebody help please!!!

thanks

[postggj]

Hi Lourrans

 

Default Notice Is Crap From Welcome As Usual

 

Saying 14 Days Is Not Good Enough, A Numerical Date Must Be Inserted And For A Legal Document, Saying With Out Prejudice

Is A Joke In Its Self

 

I TAKE IT THAT GARBAGE WAS SENT FROM THE WELCOME LOCAL OFFICE AND NOT COMPLIANCE IN NOTTINGHAM

[postggj]

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

 

Quote:

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

Regulation 2(2)

Details of agreement

 

1

A description of the agreement sufficient to identify it.

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

relevant case law is this too...

 

DEFAULT NOTICE

 

The Need for a Default notice

Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.

It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

__________________

 

[lourrans]

hi postggj

thanks,,, what do i do now then?

[mark1arby]

So Post is back! Fantastic! Tought he`d been kidnapped by aliens or worse. It could have been Welscums Compliance who had their hands on him.

 

We`ll all get some action now.

 

Cheers, MARK

[lourrans]

i really dont know what to do guys,,,

[lourrans]

hello postggj

any sugestions about how i can sort this problem out,,,

thanks

[lourrans]

hello potggj

welcome finance just reported my account default to credit reference agencies,, is there anything i could do to stop them ,,,,, going any further????

[mark1arby]

Sorry lourrans. postggj must be off doing some thing very important, and I can just about guarantee that it will be to do with the ****. I only know hjim & his reputation through CAG.

 

If you have read some of his early posts and threads you will realise, he was just like us in the beginning. It is only through sheer persistance and commitment, and in my opinion a mind like Einstein that he has become so informative & the Worlds foremost expert on WFS cock ups and dodgey dealings.

 

He has been looking after us all for years on the Welscum forum. If postggj is not around, well that`s the same as the Sun not coming out in the morning.

 

I don`t know but may be he is taking a well earned rest and will be back very soon with his batteries fully charged and the **** in his sights. He may also have sussed out the one little thing that sorts the **** out for all of us.

 

i`m sure some one who has the knowledge needed will be along now to help you out so don`t panic. we`ve all done too much worrying about these ba****ds. That could be the problem as well, may be post is burnt out. He really does have everyone on here relying on him.

 

sorry to go on, I was only quick messageing you to say don`t worry.

 

Any way, you never know, hopefully being complimentary and letting post know how much he is appreciated could smoke him out. Joking about his dongle hasn`t worked.

 

WE NEED YOU POSTGGJ XXX

 

Sorry, MARK

[djwigster]

Just about to go out, so cant stop long but...

 

It would seem the default notice is crap as stated by postggj. Im sure there's a letter somewhere on here to send to them demanding that they fix your credit file. Would be worth a search.

 

Did you get your SAR back from Welcome?

[lourrans]

hi djwigster

thnks for the reply. yes i got a subject access request back from welcome a while ago.

any ideas?

[djwigster]

Just a few more questions, sorry if some of them cover old ground:

- Were you aware you had the "optional" insurances?

- In Welcomes SAR info, was there any of the following: Statement of Price, Demands and Needs, Insurance suitability sheets? If so, can you post them up here.

- In Welcomes/Direct Groups SARs, was there any mention of commission or Welcome Elite Brokers?

- Do (did) the insurances cover the whole term of the loan?

- Can you post up a copy of the CCA they supplied.

 

That will do for now!!