Grr - welscum defending my claim!

[ms mongoose]

Hi there

 

I've been a long time lurker on this forum, and it's helped guide me through some tough times with the dreaded welscum.

 

Basically, they agreed to settle my claim for miss-selling insurance via the FOS. I've calculated that they have clawed 3K off me over the course of the loan becuase they're using compound interest (of course!)

 

After they gave me a date when they agreed they would settle by, they exceeded it. Like a monkey i sat around waiting for things to happen. when i realised they were'nt going to do anything, I told them that they needed to give me a date to settle or I'd take them to court. they ignored the Notice of Action until the last day possible, then called me and said they would try and settle soon, but would'nt put date in writing - it would just be 'early 2010'. I took this for what it was worth and submitted my claim through MCOL.

 

Anyway, yesterday I got a letter that was sent the day I submitted my claim - a letter saying that a. I would have to use the settlement against my loan and b. not including interest they had charged me for the insurance policy! basically it came to 1k - a third of what they really owe me

 

I've sent the cheque back today, along with an explaination of why I'm refusing it, a copy of the guidance they agreed to when they said they would settle, and my calculations. I also found out they've filed an acknowledgement of service, so I guess they're putting in a defence saying that they have already paid me.

 

Now my teeth are chattering a bit - have I done the right thing? I know these guys are slimy slimy balls of ick, and handmaids of evil, etc. I know I have all the paperwork showing the interest they have charged me, but I'm shaking in my shoes about what they might be up to! Has anyone had experiance of them in court over miss-selling PPI? do you think they really do intend to file a defence - or are they just assuming I've taken the cheque?

 

Just looking for toher's opinions and feelings - these scumbuckets have me all doubtful now!

[postggj]

Good For You

 

They Charged You At Contractual Obscene Interest

 

They Will Prob File A Defence To Stop A Ccj By Default

Saying That, A Few People Have Got A Ccj Judgement Because Welcome Even Ignored Court Docs

 

 

SIT TIGHT AND SEE WHAT WELCOME DO

 

IME WITH YOU ALL THE WAY

[BankFodder]

If they have missold PPI and are only proposing to return to you the premium wihtout the interest you have paid on the premium, then this is unfair.

Don't worry, you have done the right thing.

 

Post here when they file their defence and we will have a look.

 

Make sure that you have assembled all of your evidence in a systematic way and also write out a detailed account of everything that has happened.

 

I would aslo like to see your POC because I expect that you haven't claimed restitutionary damages and I think that you could do so.

 

If this interests you and you would like some help then let us know.

 

This is a nasty piece of bullying by this company and I think that they have lined themselves up for a bloody nose by not being straightdealing with you

[ms mongoose]

Thanks so much for the support!

 

The Ombudsman gave me 200.00 in compensation for 'distress and inconveniance' - To be honest, I've been fighting Welcome for a year and a half to get to this point, so as an hourley rate that's a bit poor! But anyway, better than nothing.

 

Sorry, Bankfodder, what's a POC? I've got loads of docs on the case since I did an SAR!

 

To give you some background, the loan was (sorry postggj!) an unsecured personal loan. The PPI was single premium, £563.00 on a loan of only 1500.00, plus an acceptance fee that then had interest charged on it as well at the same rate as the rest of the loan - I have a hunch that's illegal, am I correct? The interest rate was collossal, if I had'nt been desperate I might have thought twice.

 

I've already had them over a barrel for charges made to my account, and i think they tried the same thing they're doing now - first they refunded the charges without interest; then after a couple of letters they refunded the whole amount.

 

it got me really upset last night, wondering whether I'd loose in court - but then my OH reminded me this is just what they're like, bullies, and they might not even file a defence now that I've returned the cheque to them, as they won't be able to claim they've already paid me.

 

I honestly can't think how they could defend against my claim - I calculated the interest for this in the same way as I did for my charges, so it's not that, otherwise I could prove they've accepted it before. It can't be that the don't owe me money, because the FOS have a copy of their letter offering to, and I have the details of their attempt to pay.

 

Oh, they make me so mad! even after all this time, I'm surprised how demonic they are!

[ms mongoose]

Okay so gulp.

 

Got this from MCOL today - what are welcome doing? Double gulp - does this mean I actually have to go to court??? Have they really submitted a defence, or is this just the next step becuase they have said they are? Argh, I don't understand - what could they defend? What possible defence can they offer? Oh lord my shattered nerves.

 

Thank you for your e-mail. Well the claim has now been transferred to Leicester County Court for a hearing. You will receive written notification of this in due course along with your copy of the defendants' defence. Due to the transfer you will no longer be able to use the online service for this claim and should direct all future queries to the local court.

[zodiac78]

hopefully someone will come alone soon to help you with this ms mongoose. Bank or post will help you.

[BankFodder]

Yes, you may need to go to court. Don't worry about it though.

What you haven't done yet is to respond to my request to see your POC. If you don't know what this is then you need to do more reading on the forum but you do have one, I can assure you.

 

Also I would like to see correspondence from the FOS - especially their offer to you and can you tell us that you haven't responded with a letter of acceptance at all.

[ms mongoose]

Sure thing - I'm sure I can find out what you mean.

 

Yes, I did respond to the FOS and Welcome directly with an acceptance of the principle of a settlement; I can post all correspondance on Monday.

 

Just laughed when I saw the ack of service form they had filed - they are defending the whole claim, apparantly; which is hilarious, becuase they've already agreed to and attempted to pay. Big sigh of releif!

[postggj]

you have done the right thing and welcome have some explaning to do

 

the judge will ask

 

why have you not gone to the fos before bothering me with this

 

but i have sir

 

then he will look over to welcome and want an explanation

 

good for you

 

welcome defending is part of the course to waste more time

[BankFodder]

If you have accepted the FOS solution then you have put yourself in a difficult position to reject it later

[postggj]

if the fos was accepted and welcome refuse to contact the account holder

 

whats left to do

 

go back to the fos and wait another 12 months

 

we all know welcome are trying for every penny at the moment and refunds will be the last thing on there minds

 

sugestions for future reference

[BankFodder]

Sorry, it is difficult to piece the entire story together in a logical sequence.

 

I understand that you made a complaint to the ombudsman about mis-selling by Welcome.

 

The ombudsman began their investigation -- then it is not clear whether they found against Welcome -- or Welcome simply caved in.

 

Some time limit was setfor Welcome to settle. -- What was that time limit?

 

They have exceeded the time limit and you have lost patience. Also either Welcome all the ombudsman and made an award or suggested a figure which you consider as unfair.

 

As a result of this you have begun your own court action.

 

I don't think that I really had the story accurately. Maybe you could let us have it fully bullet pointed format

[postggj]

I Agree

 

Lets Not Jump The Gun

[ms mongoose]

Hiya - actually, what happened was I took welcome to the FOS, and welcome agreed to settle my claim, offering to do it in a letter to the FOS. That was July. I agreed to the settlement in principle, and awaited a response. The FOS of course have strict guidelines that the offer must be made under.

 

Now, Welcome told them it would take eight weeks to settle in writing - that time passed, and in spite of me and the FOS chasing them, they did'nt do anything further. Eventually they emailed the FOs to say it would take ' some time'.The FOS told me they could'nt really do anything, so I took action

 

Then I sent a Notice of Action. They ignored me until the day I was filing papers, then said they'd 'expedite'. I advised them i would only consider this if they put a new date to pay in writing. They refused. I filed papers.

 

Then they sent a letter to me, clearly before they had received the court papers, setting out a settlement where the value was used against the outstanding loan, and secondly, did'nt include interest!

 

So I politely declined.

 

Hope that helps make things clearer!