Jump to content


  • Tweets

  • Posts

    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
  • 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

Welcome Finance Unenforceable Loan ??


dantripled
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5074 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,

 

I am new to this site, but after reading many of the threads on here, I feel sure somebody may be able to help/advise me.

 

I took a secured loan out with Welcome Finance in 2005 for around £11800, this was a re-write. I have paid in almost £5000, however I have missed several payments over the years and have accrued many charges. My account was recently taken over by a new account manager, who decided to tell me for the first time ever that my contractual monthly payment wasn't even covering the interest being applied!!!!!! My £11800 loan now stands at around £16000. I immediatly agreed to up my payments to cover interest and a little bit more but was very shocked no-one in Welcome had ever told me this before, I questioned this and was told that interest had only accrued since Oct 2008 due to missing a payment, so for almost a year, I have had £2/£3 added to my account each month, instead of anything coming off!!!.

 

I paid a £10 fee back in July, to which i have proof of (bank smt) and requested that they send me my CCA. I received a computer print out, with all figures on, but no dates, names or signatures.

 

I never did anything with this until 2 weeks ago when i asked my new account manager to send me the correct CCA through, which i had paid for. He phoned back to say they couln't find it. He then basically said if i go for unenforceable loan, they will take me to court for the original loan, which this one wrote off.

 

I have a meeting arranged this week with new account manager to discuss this further and would appreciate any advice beforehand. I have been advised to hold all future payments as this loan may not stand etc....

 

First of all:-

a) should i stop paying now???

b) should i even go to meeting this week???

c) what do i say when they phone chasing payment???

d) if they can't produce my CCA, and the loan is uneforceable, what would happen to previous monies paid in???

 

I would really appreciate any help on offer, thanks guys:)

Link to post
Share on other sites

  • Replies 124
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Welcome Dantripled

 

What Ever You Do, Follow This Advice

 

Welcome Only Want You To Go Into The Branch To Get You To Sign A New Agreement

 

Tell Them To Bog Off If They Do

 

Do You Have The Original Loan Agreement And If So Post It Onto Your Thread

 

Google Photo Bucket

 

GO TO THE MEETING TO FIND OUT WHAT WELCOME ARE UP TO

 

THATS ALL

Link to post
Share on other sites

I have the original agreement in my possession (blue carbon copy). This i believe is unenforceable as it doesn't have CONSUMER CREDIT ACT 1974 on there as a header, it is also unsigned and undated for and on behalf of Welcome Finance.

 

I truly believe they know this is unenforceable and have "lost" it on purpose maybe???

 

Either way, if they do happen to locate it, do i have a leg to stand on??? If they don't locate it, i am laughing anyway surely????

 

Do you suggest i stop making payments as of now, only my DD is due out this week??

 

Thanks for your speedy reply post ;)

Link to post
Share on other sites

the above is a copy of the loan, myself and hubby went into branch to sign. not very clear but, there is no signature for and on behalf of welcome or date, there is only a witness signature. also this agreement does not have CCA header on it, hence the reason why they probably can't find it????

Link to post
Share on other sites

it is difficult to read figures from this, so here they are:-

 

Total amount of credit: £10676.40

monthly payment: £151.50

Number of monthly payments: 180

APR VARIABLE: 16.40%

TOTAL CHARGE FOR CREDIT (M+N+O) £16594.36

ACCEPTANCE FEE: £0

MORTGAGE INDEMNITY FEE: £1174.40

INTEREST CHARGE: £15419.96

RATE OF INTEREST - NO FIGURE IN THIS BOX

 

SETTLEMENT FIGURES:-

AFTER QURTER TERM: £9864.99

AFTER HALF TERM: £8189.87

AFTER 3 QUARTERS TERM: £5230.37

 

MYSELF & HUBBY HAVE BOTH SIGNED THE AGREEMENT ON 25/11/2005

 

UPON LOOKING AT THIS FURTHER I HAVE JUST NOTICED A BOX FOR PPI FURTHER DOWN, NOT SURE IF YOU CAN SEE IT BUT THIS READS AS FOLLOWS:-

 

I WISH TO PURCHASE ________________

PAYMENT PROTECTION INSURANCE

 

THERE ARE NO FIGURES IN THIS SECTION AND NONE OF THE BOXES HAVE BEEN TICKED, HOWEVER I HAVE JUST NOTICED THAT WE HAVE SIGNED THIS SECTION ALSO. SO WHAT HAVE WE ACTUALLY SIGNED FOR HERE??? I WAS ALWAYS UNDER THE IMPRESSION WE DIDN'T HAVE PPI

Link to post
Share on other sites

You Signed The Pre Contract Agreement And Welcome Being Muppetts Have Accepted It

 

You Have Not Signed Any Credit Agreement

 

JUST LOOKING ALSO

 

THE APR HAS NOT BEEN INCLUDED

 

THAT A PERSCRIBED TERM

 

LOAN TOTALLY UNENFORCEABLE

Link to post
Share on other sites

YES THIS IS A SECURED LOAN POST. UPON REQUESTING A COPY OF MY CCA BACK IN JULY, I RECEIVED THE FOLLOWING DOCUMENT:-

 

ccafromwelcome.jpg?t=1255989518

 

THE FIGURES READ THE SAME AS THE CARBON COPY ABOVE, HOWEVER THIS ONE HAS THE CORRECT HEADER AND ALSO HAS THE ADDED FIGURE OF 14% FOR RATE OF INTEREST PER ANNUM.

 

THE MASSIVE FLAW HERE IS THAT THIS COPY STRANGELY HAS NO NAME, ADDRESS OR SIGNATURES ON IT ANYWHERE, SO BASICALLY IT COULD BE ANYBODY'S LOAN????

 

WHEN I PHONED TO SAY PLEASE SEND ME CORRECT AGREEMENT, IT IS THEN THAT THEY SAID THEY CAN'T LOCATE IT.

 

WHAT ARE YOUR THOUGHTS NOW????

 

WHAT DO YOU MEAN BY IT'S MY LUCKY DAY, DO WE HAVE A GOOD CASE HERE????

 

THANKS YOU SO MUCH FOR ALL YOUR HELP SO FAR, IT REALLY IS MUCH APPRECIATED.

Link to post
Share on other sites

No it was requested over the phone back in july and i was told i had to pay £10 fee!!!! I did this by debit card and have the statement to prove my payment.

 

When i have phoned again requesting the correct CCA, they said they can't find my £10 in the system so any requests from me are on hold while they locate my fee. Personally i think they are stalling, god knows what for, but they have requested this meeting on friday so i will be taking a copy of bank smt in with me to prove i have paid.

 

What else do you think i should be saying to them when i get there???

Link to post
Share on other sites

It Seems Welcome Have Lost Your Agreement

As Stated

Sign Nothing, Welcome Will Prob Sling An Agreement Under Your Nose And Say Sign Or Be Hung , Drawn, And Quartered

 

Ime Posting A Template In A Mo For You To Send Welcome

 

Lets Do This By The Book

Link to post
Share on other sites

yes i have signed the pre contract agreement only haven't i. i did notice that it says on there DO NOT sign or return this copy, why is that???

so basically are you saying i have never signed an actual credit agreement?? also, why do you think they would "lose" this pre-contract agreement, surely if this goes to court, they at least have something with my signature on and that would help them, no??

Link to post
Share on other sites

WITH OUT AN AGREEMENT

 

WELCOME ARE STUFFED

 

THEY DEFAULT ON THIS REQUEST IME POSTING AND THEY WONT BE ABLE TO TAKE IT TO COURT AND AFTER 14 DAYS FROM RECEIPT YOU CAN WITH HOLD PAYMENT WITH NO PENALTY

 

send this by recorded delievery

to

 

welcome financial services

compliance

ruddington fields business park

ruddington

nottingham

ng11 6nz

 

 

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

Link to post
Share on other sites

It is clearly obvious that you have had bad dealings with Welcome in the past and your advice is absolutely sound as can be. Thank god for people like you, i really can't thank you enough. For once i think i will have a decent night's sleep tonight, as i am feeling positive now.

I will send this letter off recorded tomorow and if anything happens in the meantime, i will let you know asap, other than that i will be in touch on friday after the dreaded meeting ha ha, speak soon and once again thanks for everything:D

Link to post
Share on other sites

Just a little tip. Welcome Finance tend to charge interest on their fees. There's a case in the CoA at the moment awaiting judgment on the issue of whether that is legitimate. If it goes in favour of the consumer, then you may want to challenge Welcome over that mortgage indemnity fee...

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...