Help with Welcome Finance

[beyondhope]

*bump for letter from post*

[beyondhope]

*bumpity bump* I know you are busy post but any chance of letter before Tomorrow (thurs) night as Im away Friday and payment is due Monday and they will no doubt start harrassing when it doesnt arrive Thank you in advance

[unsatisfied citizen]

I Apologise in advance for jumping on this thread but I cant seem to work out how to use this forum

 

I am hoping that someone might be able to help me with the infamous Welcome Finance.

 

I am sick to the back teeth with them.

 

I took out a loan approx 3 1/2 years ago with them after a car accident left me unable to work for six months and i was left with huge debts trying to keep my house.

 

Up until I started working full time again i admit that a few payments were missed as these are supposed to be £250 a month however i am paying £300 a month to try and pull back the overdue installments.

 

I have this installment plan in writing from Welcome and have not missed a payment since. However, they send me a letter at least once a month which they charge me £10 for the privalige to tell me that my account is overdue and they also call me up to three times a day five days a week.

 

Half of the times the calls are silent and then someone hangs up however the rest of the time the person on the other end asks for payment immediately by debit card to bring the account within terms. Each time I advise them that there is a payment plan in place and each time they apologise and say they have checked the account and the installment plan is fine and I will be taken off their calling lists. Yet later in the same day or the next day I will have the exact same conversation again.

 

Its getting to a point where I am getting angry with them but if I dont answer my phone they send me another letter charging me another £10 demanding I call them.

 

They promise to take the charges off and then don't. Its costing me a fortune to keep up with their games.

 

Sorry about the rant but I am at a loss now as to what I should do. Speaking to a manager doesn't seem to help either.

 

HELP!!:?

[beyondhope]

Hi unsatisfied use the link below there will be 2 boxes with info in at the top the second is called notices just underneath that is a new thread button click that and copy and paste what you just wrote above more people will see it and be able to help you that way

[beyondhope]

i would also send them the 'telephone harrassment letter' to stop them calling they can only contact in writing then any further info im unable to give as im abit new to all this

[beyondhope]

Welcome Finance - The Consumer Forums sorry this is the link i forgot to add above

[unsatisfied citizen]

Thank you Beyond you're a star I really appreciatae your help x

[beyondhope]

No problem Good luck with getting it sorted

[unsatisfied citizen]

Done and dusted super quick too.

 

 

I have copied the letter and sending it first class tomorrow.

 

Again

 

THANK YOU

[beyondhope]

You are very 'welcome' pardon the pun

[postggj]

Hi Beyond Hope

 

Caught Up With You

 

Whats The Situation

[beyondhope]

Hi post thanks for getting back to me you were doing me an account in dispute letter as i couldnt use the template one with it not just being your standard not returned cca....

 

im just concerned that payment due on monday and they wont have had the letter so will start chasing

 

thanks again

[postggj]

check back later and ill run one up

[beyondhope]

Thanks post im about all evening anyway

[beyondhope]

*Bump reminder for Post* Sorry to nag but as i said im away tomorrow and payment would have been due monday

[beyondhope]

Can someone please take a look at this, it may be totally wrong but im panicking about not putting the account into dispute before payment due here's my attempt comments and advice most welcome thanks in advance...

 

Dear Sir/Madam

 

Account In Dispute

 

 

Ref:

 

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my request to supply me with information relating to the surplus amount between amount payable and total of payments as outlined on the agreement.

You have failed to comply with my request with which you were given 14 days to respond adequately, and as such the account entered default on **DATE**.

I received your response of a ‘reconstructed agreement’ which is not an adequate explanation neither is ‘wrongly entered manual figures’. Im sure you are aware that a reconstructed agreement is not enforceable as it is not signed by myself.

I wish to draw your attention to the following issues with this agreement:

* The total amount payable is shown as £12,441.59, 120 payments of £129.60 totals to £15,552.00. The difference between £15,552.00 and £12,441.59 is £3110.41. This balance is unexplained despite being given adequate opportunity.

*On requesting explanation of the above £3110.41 you provided a ‘reconstructed agreement’ with differing APR to the original, total amount of credit for goods as £8953.08 (a), total amount of credit for insurances as £0 (b) total amount of credit (a+b) as £6403.66 which of course is incorrect as that figure is less than (a).

* The reconstructed agreement provided by yourself shows no interest charge.

* On the original agreement the total amount of credit is £8,103.00 including insurances of £970.00 on the current agreement which amended the original the ‘cash price’ (used to clear the previous and start afresh) is £8,953.08 giving £850.08 more than the total amount of the credit on the previous agreement. On asking for an explanation verbally I was told this was ‘missed payments’ and ‘acceptance fee’. Missed payments surely would not increase the total just leave the balance outstanding in arrears. There has also been no deduction for any payments made.

* On the current agreement the acceptance fee is listed as £195 separately despite being described as included in the cash price as outlined above.

I wish to draw your attention to CCA 74 9 (3) which outlines ‘a fixed sum agreement of an equal amount to the total price of the goods’ this has not been met by the changes in documented figures provided by yourself.

I also wish to draw your attention to CCA amendments 2006, chapter 14,140 (a) regarding an unfair relationship between creditors and debtors. If feel an unfair relationship exists due to the excessive unexplained amount added to the account.

 

Therefore this account has become unenforceable at law..

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of adequate explanation is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

[beyondhope]

The letter was sent yesterday recorded hope it was ok

I also enclosed a cca

[beyondhope]

I hope i havent shot myself in the foot with that letter

The letter and CCA were signed for on 28th Nov...

Time to start counting i believe...

[beyondhope]

Had 2 letters today from our friends....

 

one states: we have contacted you on three occasions regarding the overdue nature of your account. (they have not!! and they are saying arrears are £106.80, 4 days before payment is due?!)

 

Please let us make one final attempt to resolve this problem. Please contact us within 5 days of the date of this letter (dated 26th, received 1st) and assure you that we will listen sypathetically to any problem that you may have. (yea right!)

 

 

 

the other letter states

 

we have been advised today that your DD has been cancelled (letter dated 26/11) owing to additional costs £25 has been added to account. Arrears to be cleared within no more than 7 days from date of the letter (26/11). Charge is payable immediately and please include with payment.

 

 

 

First letter states 106 in arrears but how can that be when payment wasnt even due until the last day of the month?!?!

 

Second letter how do they know DD has been cancelled unless they tried to take it early as again payment not due until end of the month!!!

 

do i just ignore these?? any advice appreciated im starting to feel abit out of my depth :S

[beyondhope]

any advice? im just concerned they will turn up and want the car back as we havent paid over a 1/3

 

do i acknowledge these letters or completely ignore them?

 

is it worth a solicitor getting involved as this would be fraud?

 

i have also realised that we took out gap insurance etc and the modified agreement is over 10 yrs so the insurances plus interest have been refinanced and more interest added and spread over 10 yrs surely thats not right - is it worth chasing the documents etc for this as well?

Edited December 2, 2009 by beyondhope
additional info and spelling

[beyondhope]

SAR has been received today.....along with a letter from local branch throwing a wobbly that payment wasnt made at the end of november...(above letter was sent to put into dispute before payment was due and still my question isnt answered despite having SAR) I will scan all the bits in tonight. the letter states a collection representative will call if we dont contact immediately....is this scare tactics? thanks in advance

[beyondhope]

The first agreement in post #11 is what they have sent in SAR....on the notes it says:

 

copy of letter to HO redirected to branch today to resolve - oc claiming figures on MODI agreement did not equate to monthly pyts and term - examined docs and this is correct figures supplied on modi agreement incorrect - sent oc a reconstructed agreement - the balance to clear original loan is the same but interest amounts written in incorrectly - copies on dip and in complaints file as directed from compliance....

 

 

where do I go from here?? the reconstructed agreement as on post #42 still makes no sense to me as she has randomly added a figure in the total payable that is less than the goods value?!

 

also on notes (20/11/09) on prev call oc asked me to explain the balance on the modi agreement - setlement figure on prev loan was 8953.08 + 195 arrangement fee - £9148.08 - the balance to settle was made up as follows £8402 original disbursal 2 x missed payments of £239.08 charges 70 int charges 0.35p there is still a difference of approx £2.73 which i was unable to find

 

how can they ADD missed payments surely they are still already in the balance??

 

any help most appreciated

[beyondhope]

also just spotted 1/12/09 default sum notice issued....ive not received one???

 

Im feeling abit out of my depth now advice much appreciated as I dont want to end up owing them loads when this is all resolved or them turning up on the doorstep to collect the car....

 

thanks in advance

[postggj]

Evening All

Got Your Message

 

Can You Give Me A Brief Update

 

Regards

[beyondhope]

Thanks post had nothing regarding 3k difference in balance other than reconstructed agreement as above

 

SAR has come up with the following:

 

The first agreement in post #11 is what they have sent in Subject Access Request....on the notes it says:

 

copy of letter to HO redirected to branch today to resolve - oc claiming figures on MODI agreement did not equate to monthly pyts and term - examined docs and this is correct figures supplied on modi agreement incorrect - sent oc a reconstructed agreement - the balance to clear original loan is the same but interest amounts written in incorrectly - copies on dip and in complaints file as directed from compliance....

 

 

where do I go from here?? the reconstructed agreement as on post #42 still makes no sense to me as she has randomly added a figure in the total payable that is less than the goods value?!

 

also on notes (20/11/09) on prev call oc asked me to explain the balance on the modi agreement - setlement figure on prev loan was 8953.08 + 195 arrangement fee - £9148.08 - the balance to settle was made up as follows £8402 original disbursal 2 x missed payments of £239.08 charges 70 int charges 0.35p there is still a difference of approx £2.73 which i was unable to find

 

how can they ADD missed payments surely they are still already in the balance??

 

also just spotted 1/12/09 default sum notice issued....ive not received one???

 

Im feeling abit out of my depth now advice much appreciated as I dont want to end up owing them loads when this is all resolved or them turning up on the doorstep to collect the car....

 

thanks in advance