Welcome SAR Request - No Agreements

[echowitch]

I made a SAR request to Welcome who have sent me absolutely everything they have on my account. All kinds of rubbish in code, copies of payments, statements of account......but no Credit Agreement copies.

 

So any suggestions on my next step ??

[T2upNorth]

Have you CCA'd them yet?

[gezwee]

I made a SAR request to Welcome who have sent me absolutely everything they have on my account. All kinds of rubbish in code, copies of payments, statements of account......but no Credit Agreement copies.

 

So any suggestions on my next step ??

 

Couple of options really, you could take the softly softly approach and send them (recorded del) a gentle reminder that they have failed to comply with your DSAR.......list a few known missing items, remember to note that it is by no means an exhaustive list and see what they come back with. Wouldnt give them more than another 14 days though.

 

If you're in a pretty strong position and have no probs with litigation send them (assuming they've passed the 40 days) LBA and see if that gets a response.

 

DSAR encompasses all Data they hold on you (barring third party affected exclusions) including regulated agreement. Even if you havent specifically requested it in your application you will have requested all data along with that requiring manual intervention so it catches it on 2 points unless of course their credit agreements are automatically processed without requirement for signature from either party

 

Gez

[echowitch]

Well the lack of two CCA's with the pack they sent me yesterday would explain why their branch office kept claiming to have sent it but I never received it. Then they supposedly requested it from Head Office. Nothing in the stuff they sent me about requests for the CCA's mind you

 

I think I'll go with the polite reminder first and point out how many times they've been requested it. Requests for the copies of the CCA's was the first thing in the list of stuff I sent them I wanted. Both agreements pre-date 2006 which (I think) was the electronic signature law change. First is 2003, second (I.E. the amendment of the first which turned out to my surprise to be an entirely new CCA) was 2004.

[echowitch]

Ok no CCA for the second "loan" which I was always led to believe was a reworking of the first loan. But both show on my credit file. First one being satisfied, second as being active.

 

So whats the best way to say "Oy no CCA, get lost" ??

[gezwee]

Have you made a separate CCA request with a £1.00 fee?

 

You can't send them the bog off letter and dispute until they are in a non compliant position with this.

 

The SAR would include the agreement but....... that would make it a request under the DPA which you cannot place the account in dispute with.

 

If you've done both and they've failed to send anything resembling a true copy then you are within your rights to place in dispute.

[postggj]

only with a cca request as stated can you put the accounts into dispute for non compliance with royal mail track and trace as back up

[echowitch]

I specifically requested it under the SAR, and then chased it again. Welcome claimed they had sent it to me 3 times, (utter rubbish.)

 

I'll send them CCA requests. They did send the old satisfied one, but not the new one.

[echowitch]

I double checked, and I did already send them CCA requests and paid them for them. They only provided the old satisfied CCA.

[gezwee]

I double checked, and I did already send them CCA requests and paid them for them. They only provided the old satisfied CCA.

 

Hi echowitch,

 

In which case you can lawfully place the account in dispute....... would think it prudent for you to get another request in specifying the new account number though.

 

Most agreements will (rightly or wrongly) have a clause allowing the creditor to transfer all rights and duties to a new account number.

 

Gez

[echowitch]

Already did that. I sent in CCA requests for both account numbers and the SAR.

[gezwee]

Hi Echowitch

 

No reason for you not to place in lawful dispute now

 

Gez

[42man]

Why don't you try this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html if they fail to produce it then get a judge to order them to produce it !!

[echowitch]

I sent Welcome a letter ages ago telling them that they had failed to provide any valid CCA and that I considered the account in dispute and they sent me this.

 

http://img140.imageshack.us/img140/4606/welcomeletter2.jpg

 

The original CCA shows very clearly as being satisfied, and they are unable to produce a second CCA. Regardless the 2.5k they claim I owe is 1.5k in penalty charges. This doesn't even take in to account the PPI on the two accounts. 750 on the first CCA, and about 1200 on the second.

 

Any suggestions on a next move ??

[42man]

Why don't you write and reclaim all the PPI and the excessive charges ?

[echowitch]

I was planning on doing that Im just kind of stuck on how to respond to their threat in the letter. As they have no provable 2nd CCA and the 1st is clearly showing as Satisfied on my Credit File surely they can't claim against me using the 1st CCA anymore ??

[CHINK010]

Hello everyone, How are welcome even still active honestly!!!!

 

Long Long VERY BLOOMIN LONG, story short lol, I have seriously had enough of Welcome Finance and need a bit of advice.

 

My husband took out a hire purchase agreement with welcome finance a few years ago before we got together and he missed a few payments here and there and had the usual abusive calls, letters and visits etc.

 

When we got together and i took over the finances, we paid welcome about £180.00 a month and kept up to date with payments apart from the odd time or two.

 

Everytime i called welcome to see how much was owed on the account, they would say £6500.00. Then 6 months later of £180.00 a month, i would ask again and they would say £6450.00 etc etc and it never seemed to budge and i couldnt see the light.

 

In July 2007 i had my youngest son and was on maternity and our finances took abit of a hit so i spoke to welcome to reduce the payments and they offered me a secured loan of £11000.00 to clear the £6000.00 or so i owed on the car and then i could have £5000.00 cash to help financially. Niavely i ripped their hand off as the £5000.00 was a god send at the time as i was falling behind with mortgage payments etc.

 

Got the loan and only received just over £3000.00 in cash as they said i owed penalties etc on the car etc etc and the interest on the new loan meant i was paying £19000.00 in total.

 

Anyway to the point, i have had the loan just short of 3 years and i am in arrear by £850.00 due to past difficulties which i am due to clear shortly and i needed to delay this months payment by 1 WEEK only, not miss it all together but just delay it due to my husband being off work ill and the abuse i got was unreal!!! have you no credit cards, can your parents not pay it etc ect the cheeky so and so's (i think you all no the translation for that).

 

Anyway i am fed up with the abuse they give and the threatening messages of reposession and i have sent a £10.00 cheque recorded for the CCA and SAR documents. I am told i dont have PPI which i dont think i do but i know i have god knows how much in unfair interest, capitilisation and contact fees and was just looking for advice on who to contact to check my agreement once i receive it to see if it is valid etc, would appreciate some contact details of companies or something that can do this as most companies just advertise for PPI help which again i dont think i have. Thanks All