Is this loan unenforcible?

[beyondhope]

Hi i have a thread on another agreement with welcome but this is a seperate one.

 

We took out a loan with welcome in October 2007, the funds were received into our account on 18th October 2007. Our first payment to Welcome via debit card was 10th Jan 2008 (i think the payments in between were in cash but have no proof of these).

 

I requested a copy of the agreement a few weeks ago and on receiving it have found that the dates in no way match the original agreement. To our knowledge this agreement has never been amended in any way.

 

As outlined above the funds were received in October and the paperwork was also signed in October (otherwise why would they randomly have given us £2000) the copy shows dates of Jan 2008 (3months after the agreement was signed).

 

I have in my possession bank statements showing a credit in October 07 of £2000 and our first payment as 10th Jan 08 why would these have happened if the agreement was signed until 28th Jan 08 as their paperwork claims?

 

Does this make the loan unenforcible or what can i do about it as this agreement obviously isnt the one signed by my husband as we havent been near the welcome office in Jan 08.

 

Advice please as i could do with binning off this debt as we are struggling for cash at the moment.

 

Thanks in advance

[emanevs]

Send in a CCA request, and also a subject access request (£10) to compliance.

[beyondhope]

okey dokes will do thanks very much

[beyondhope]

can someone point me in the direction of the correct letter/letters i did read a super duper one from post on another thread and now cant find it... sorry to be a pain

[emanevs]

SUBJECT ACCESS REQUEST (dont forget the £10!!)

 

RE: ACCOUNT NUMBER: xxxxxxx

 

Data Protection Act 1998

 

Subject Access Request

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

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.

 

Yours faithfully,

[emanevs]

and of course this one (send this first with the £1 postal order)

 

Re: Account Number: xxxxxxxxxxxx

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreements relating to the above accounts, 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.

[beyondhope]

Thanks Emanevs I will sort those tomorrow and send recorded of course

[beyondhope]

all sent have also aded account number for car finance to SAR hope these 14days go fast im dying to put this account into dispute!!

[emanevs]

40 days for the subject access request

[beyondhope]

isnt the cca request 14 though? can it not be put into dispute if they dont comply with that one?

[beyondhope]

quick question should this need to go further is a bank statement going to be sufficient evidence to prove the dates are wrong? as i cannot find the original agreement from october 07 and on requesting one the one they sent shows jan 08 which is when i ordered statement to prove otherwise just wondering if this alone is enough evidence? it shows funds in and it also shows a debit card payment to welcome both before the date on their agreement....

[beyondhope]

have just checked credit report for my husband (as he signed agreement) and that states loan started 31 Jan 08 as well?? how can this be if the money was received 18th October 07 and a payment made 10th Jan 08!!

 

If theres anything im going to need can you please let me know so i can go digging for it hubby isnt good with paper work!

 

Credit report also states £110 over 37months when agreement is £109.74 over 36 months?

Edited November 20, 2009 by beyondhope
additional info

[emanevs]

the subject access request, and CCA will put this straight when you get it.

[beyondhope]

ok thank you lets hope they hurry up as ive had a lovely letter from them this morn in response to my 'stop phoning' letter

Edited November 20, 2009 by beyondhope
additional info

[beyondhope]

This is the letter i had this morn in response to my communicate in writing only letter

 

[beyondhope]

have just found this in another thread regarding OFT guidelines

 

CPUTR2008

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

can anyone point me in the right direction of the full guidlines so i can throw a letter at them as we arent in a position to increase payments at the moment, they are lucky they are getting payments at all! it would be irresponsible and a waste of time to offer increased payments.

 

thanks in advance

[pwg6565]

As emanevs said beyond. Patience is the key and wait for your documents if and when they arrive. 14 days CCA. 40 SAR. Hold tight and stand firm !!!

[beyondhope]

I just dont want her (the manager, we have had words previously) arranging a visit to sort the arrears as she implies in the letter and for us to have a £25 charge for the pleasure of closing the door in their faces

[pwg6565]

Hold tight and do not let them bully you.. If any correspondance tell them you are waiting for the CCA and SAR that you have requested from Compliance and will not communicate until you recieve those in full !!! You need to tell them you will only correspond in writing, both ways. I know it is not easy but try and Stand tall against these bullies !!!

[beyondhope]

well in the letter above she has confirmed all numbers have been removed (something she previously stated was impossible ) so ill expect nothing but letters and they cant have calls from us as they arent allowed to give me details as it isnt my account and due to my husbands job he is unable to call them himself hence her comment about contacting them 'in timely manner' as she waited 2 wks for a call at one point lol Lets hope we can meet all payments whilst we wait then she will have no reason to contact at all

[beyondhope]

can someone confirm that the cca letter is 14 days for response and that account can be put into dispute if its not received? thanks

[beyondhope]

Had letter confirming SAR is being processed although they only quoted one agreement number and i put two on there??

no mention of cca - their letter is dated 24/11/09 it was delivered 21/11/09

royal mail wont let me print a signature ?? 21st was a saturday though so no doubt postie just put it through letterbox :/

do i take the date royal mail delivered to count from or the date on their letter?

thanks in advance

[beyondhope]

I now have a printed signature for cca and sar.....signature is 21/11/09 the return letter stated it was received on 23/11/09 so im assuming i count 12+2 days and 40 days from 21st as that is when it was received?

 

can someone confirm please thank you in advance

[emanevs]

cca is 14 days (dont forget the working days), subject access request is 40 days.

[beyondhope]

ty emanevs think i count 14days inc weekends will recount.....