Urgent Help Needed With Welcome

[Dibbothe3rd]

to be honest, Welcome use that fact that they allegedly sent letters out as being enough for them to say you have had it. I had this problem with the local council, they basically said because they had a record of it being sent, whether or not I receive it isnt their problem.

 

so as long as you have proof your letters have been sent, that's more than enough proof you need in my eyes.

[djwigster]

...you could also do what some DCAs do and start of all of your letters with the heading:

 

"THIS LETTER IS VALID EVEN IF NOT READ BY YOU"

 

:D

[Signaller]

Dibbo and DJ,

thanks for your input.Every little bit helps.I think this is going to take longer than I expected.However,I wouldn't have got this far without the help/advice I have been given from all of you.I learn a little bit more each day.Thank you again.

Regards

Signaller

[beyondhope]

Ive just been back through all my letters etc and have proof of postage from dec that i dont have a signature for and still says is in system but they have replied so it was delivered!

[Signaller]

Thank you Beyondhope, for replying.The SAR sent in November wasn't signed for, but they replied so that is proof enough.I may have been a little hasty in sending the LBA (sent 07/01/10).I'm assumimg it was delivered but in it I stated they had a further 7 days to comply.They did not send everything in response to my SAR, which was the reason I sent the LBA, to which I have not yet had a reply.I'm going to be off here for a couple of days but will be back some time Friday.Obviously I will keep you all posted on events if/as/and/or they happen.

Regards

Signaller

[emandcole]

Let's hope they send something we can get our teeth into!

[Signaller]

Welcome haven't sent anything yet.Received a letter from Young & Pearce on 23/01/10.If you remember, when I sent in my SAR I received a letter from Y&P stating they had a copy of my agreement and they wanted confirmation of my ID and signature.I sent them nothing.Bear in mind that Welcome have not yet responded to my LBA sent on 07/01/10.It is still showing as 'In the system awaiting delivery' although I suspect it has infact been delivered.Anyway, the letter received on 23/01 says:

Dear Signaller,

Further to our telephone conversation on xx/12/09, we note from our files that you have failed to send in to our office proof of ID as requested.

Please can you forward proof of your ID by return of this letter in order to resolve the matter and to come tro a speedy conclusion.

Personally I think that Welcome have received my LBA and it seems that this letter I received is a delaying tactic.Your thoughts and opinions please!!!

Regards

Signaller

[emandcole]

Hi,

Starting to warm up nicely I think . Send them a letter, recorded as normal, reminding them you have no legal obligation to provide any such proof of identity and certainly will not be releasing your signature.

 

Remind them the address they have been using up until your CCA request has clearly been accepted by them for all previous purposes of communicating confidential matters and as such you no see no reason why they should now ask for proof of identity at such a late stage. Remind them the clock is ticking on your request.

 

Thank them for their careful attention to data security and inform them that if this agreement is not forwarded you will consider it to be a wilfully obstructive act.

[postggj]

send the cretins a letter

 

tell them you will collect the agreement etc from a local welcome branch.

you will provide id at the same time but will not allow any documents to be copied

 

lets see there reply to that

[Signaller]

Emandcole and Postggj,

thank you for replying.As usual, your advice and opinions are very much appreciated.Will type letter up and get it sent off today, and obviously will keep everyone posted.Thanks again.

Regards

Signaller

[Signaller]

Sent letters to Welcome and Young & Pearce yesterday.Noticed this morning that the postcode I put on Welcomes letter was wrong, so will send it again today. Checked all other receipts though and all previous letters, and postcode is correct. Still haven't heard from them in regard to my letter sent on 07/01, but I didn't think they would reply.Will wait to see what,if anything, they send in reply to my most recent letter requesting all the missing documents from my SAR.Should be interesting though, as I have a letter from them telling me what they sent is all they have.As usual, I will keep you all posted.Thank you yet again for your time.

Regards

Signaller

[Signaller]

Well,the letter to Young & Pearce was delivered and signed for yesterday.Sent the letter again to Welcome because I put the wrong postcode on the first one. Probably a waste though, as I doubt the letter to Welcome will be signed for anyway.At least it will show I'm trying.

Can someone please point me in the direction for the template letter for 'Account in Dispute'?

Regards

Signaller

[emandcole]

To be honest Signaller you'll be able to knock that up yourself. Just write and inform them that as of (DATE) you consider this account to be in serious dispute until such time as they provide whatever it is they haven't provided.

 

Remind them of their obligations during this period and suggest you will recommence appropriate action on the account as and when they've responded to your satisfaction. Keep it simple basically.

[Signaller]

Emandcole,

thanks for taking the time to reply again.Will get a letter wrote and sent off today.Its that time again where I have a couple of questions for someone.

I have got a copy of my credit file, and on it the loan with Welcome is registered as a mortgage.Is this right,as it was a secured loan?The default balance says £24062 and it says the current balance up to 03/01/10 is £24912.

It shows the monthly payment as £297 over 121 months!!! loan was for 120 months.

On the agreement Welcome sent in reply to my SAR the loan shows as £297.45 over 120 months.A difference of £243.

Also, on the reposessions register there has never been any details registered against me.

Going home in an hour.Will probably spend the rest of the day sifting through the mass of paperwork I have.Will log back in tomorrow afternoon some time.

Regards

Signaller

[postggj]

A Secured Loan Is Not A Mortage Unles Above 25 K

 

It Makes The Figures Look Good For The Share Holders Is Why The Do It

 

 

Again, The Famous Exra Monthly Payment

Creative Acounting Again

[mark1arby]

A question for postggj. OR anyone else who knows the Answer OR some sort of theory.

 

If the amount borrowed is above £25K, But The Agreement states "A Secured Loan Regulated by the Consumer Credit Act 1974". What is it?

 

Mortgages are regulated differently to Loans.

 

Does the Fact it is Secured Automatically make it a Mortgage?

 

Does the Fact it is Over the £25K Automatically make it a Mortgage?

 

Does The Fact it is stated has being Regulated by CCA `74 pose any Problems of Enforcement if it is Indeed a Mortgage? Or Could it cause Problems for the **** if Recorded as a Mortgage with the Credit Reference Agencies?

 

Cheers, MARK

[postggj]

A Secured Loan Above 25 K Can Not Be Regulated By The Cca

A Secured Loan Below 25 K, Is A Secured Loan, Not A Mortage

 

Welcome Have No Right In Calling It A Mortage

 

Any Secured Loan Over 25 K Would Be Classed As A Second Mortage (charge) On A Property

 

This Biz Of Classing Loans Below 25 K Welcome Have Yet To Answer

 

The Last Excuse They Used Was The Cra Do It

 

The Cra Only Record What Welcome Say.

 

I Would Say If The Agreement Says Regulated By The Cca 1974 And Above 25 K

 

They Are In Trouble

[pears23]

sorry to butt in, do have my own thread but reading this I have a question...........

• my original loan dated mid 2005 was for £15K & have a charge on my property, registered with Lan registry and have copy of documentation I signed
  
• i re-wrote this loan, ~ £19.5K to remove PPI, (trying to reclaim & MIF) in early 2008 but didn't start paying til ~ mid 2008 as welcome did not claim money. No new charge was signed for & on land registry original loan from 2005.
  

so my question is can I ask for this charge to be removed?? nothing on credit file at all regard the re-write.....

Edited January 27, 2010 by pears23
sp

[postggj]

well yes

 

if the charge was for a previouse loan,

when that loan was rewritten, the previouse loan ceased to exsist, so the charge is void

 

welcome will have to do a new charge and you sign for it

 

only different option would be when the re-write was done

 

WAS IT A NEW AGREEMENT OR

AGREEMENT TO MODIFY

[pears23]

Not sure, ended up with new loan agreement and new account number. This is the link to my thread

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/226802-welcome-finance-misols-insurances.html

 

what do you think the chances of it being removed are???

don't really want to sign another

Edited January 27, 2010 by pears23
update

[Signaller]

Still not heard anything from them.If you remember, there has been problems with sending recorded letters to them, and the letters not being signed for.Had an idea the other day before I posted the 'Account in Dispute' letter.I posted it in a different envelope and asked a lady at the library is she could print a sticky label for me.I thought it might make the letter look sort of official.Anyway, the letter has been delivered AND signed for this morning.I did wonder if Welcome were actually receiving the letters and just not signing for them.Well, it seems to work. Just a thought for those of you who have had the same problem.Sent the same letter to Young & Pearce as well.Will be interesting to see what,if anything, their reply will be.As usual, will keep you posted.

Regards

Signaller

[ozzywizard]

Thanks for that Signaller, seems there is selective receiving of mail going on lol.

[Signaller]

I'm not the only one this has happened to recently.They can't now say they didn't receive my 'Account in Dispute' letter.At least I have proof I sent the other letters. As a matter of interest, are there many of you recently who have sent letters to them and found that they were not signed for?

Signaller

[ozzywizard]

All mine have been signed for but this is probably due to the coinsidence that im using my old envelopes from a utility company I used to work for so they probably think it is their leccy bill. this wasnt intentional and i only just realized when i read your last post why i get a clear signature. haha.

[Signaller]

I've been on to Royal Mail again and, as usual, they say they will look into it and send me some stamps for the inconvenience.Seems a bit of a coincidence that they (Welcome) will sign for (apparently) official looking letters and not handwritten ones from Signaller.. But it did work for me.Can't wait to see what I get in reply.

Signaller