Advice needed for unsecured Welcome loan

[stroller]

Hi All,

first post, found the big thread and read a bit.

 

My g/f has an unsecured loan with Welcome she took out in late 2007 for just over 4k.

 

She is just under a grand in arrears according to the nasty phone call she got from them yesterday, but according to the annual statement she also recieved yesterday, she has made regular payments of just under £200 for the last 12 months without fail. This has reduced her debt from just under 5k to just over 4k - The agreement is at 37%APR - Ouch!

 

She was bounced into PPI when she started the agreement and this is around £60/month. She was missold the PPI in my view so I guess she can cancel that and demand a refund - any templates for this?

 

The phone call she recieved yesterday was from some BLEEEEEEP who told her she had to pay the arrears immediately and they would phone her every day and charge her for the calls until she came to an arrangement.

 

That's a threat to harassment in my view.

 

I gather Welcome are in danger of going under soon and no-one wants to buy their toxic debt.

 

What is best to do? I take it she need links for the template request letters for CCA and SAR although I don't know exactly what these are Consumer Credit Agreement and .....?

 

She still has the existing direct debit going, but this is not the original amount as she upped it to pay the arrears. Did this require a new agreement?

 

Should she just keep paying and hope they go bust while we wait for the CCA and SAR?

 

Thanks for any pointers

 

Stroller

[postggj]

do you still have the original agreement

if not, we can get it

[tigga_1961]

hi and welcome (sorry) while someone else with more knowledge than me will be along soon first step to take is get cca request off with £1 fee postal order send recorded and dont sign anything,always create a paper trail with these morons and NEVER speak to them on the phone cos they just corner you, i will post template link shortly unless u find it in templates send it off and give them 12+2 days to reply, even if your g/f has original dont tell them that, cos if they cant come up with one then you can put the acct in dispute, fingers crossed, mis sold ppi there is loads of help on this one, and will be along in due course, good luck

 

amend letter to suit.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[postggj]

for a start

 

send the above template by recorded delievery to this address

 

welcome financial services

compliance

ruddington fields business park

ruddington

nottingham

ng11 6nz

 

 

send this also

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

 

send both letters

one to notingham

one to the welcome local office

[postggj]

i have another template

one ive done myself for the sar

 

ill post that later

 

that one goes to notingham

[stroller]

i have another template

one ive done myself for the sar

 

ill post that later

 

that one goes to notingham

 

Post and Tigga, thank you both for your help. I'll get the letters done and sent toot sweet and report back.

 

Good on you for getting all this going, I'll hit the tip jar as soon as I can.

 

I have to go visit a mate in hospital now, back later.

 

Cheers

 

stroller

[stroller]

I don't know if I'm doing something wrong, but when I try to navigate to the links given I just get bounced to the top of the forum listings.:idea:

[postggj]

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) 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..

 

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

[postggj]

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

[stroller]

Great! Thanks Post. Is there a template to demand communication by letter only or is it not worth it at this late stage? Also, who do we contact regarding Ppi misselling? Fos? Can we get a claim in quick to them without going via WF first?

 

Sorry for all the questions, it seems a bit of a minefield.

[postggj]

no probs

 

harrasment letter comming up

[postggj]

Your Street

Town

City

Postcode

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

[stroller]

Thanks again Post,

 

milady is printing these off today at work.

[postggj]

send recorded delievery

 

its a £1 POSTEL ORDER FOR THE CCA REQUEST

 

its a £10 POSTEL ORDER FOR THE SAR REQUEST

[stroller]

Got it. Do we really need the SAR at this stage?

[postggj]

Yes

 

It Takes Up To 40 Days For Compliance

 

Getting In The System Is A Must

[stroller]

ok, we're on it.

[stroller]

Hi Post,

the letters are ready to go, just a quick enquiry regarding another we are considering enclosing.

 

Looking at the statements, they have charged hundreds of pounds for phone calls my Lady never picked up. She always rang them back under the impression they can't charge for a call she doesn't recieve, and can't charge for a call she made to them. One a single day they have charged £60 for calls she didn't pick up. Also, she upped the payments for a while to clear arrears caused by these unreasonable charges. These larger payments do not appear on her statements.

 

Do we have sufficient grounds to halt payments pending them dealing with a complaint in respect of these matters? Her next payment is due out in a week, and at the moment, we are reluctant to give them anything...

 

Thanks