Help and Advice please, even Welcome are ignoring me...

[spike79]

Hey folks I've posted details of this elsewhere on the CAG along with other stuff but finding it hard to get some advice so I've pasted below what I've said so far, any advice is welcome...(ha ha, get it?)

 

First Post...

 

I have a loan with Welcome (boohiss, I know) there is only arrears of 1 month on it at the moment, I have a defaulted account with Capital One, date of default was in 2004, and I have a credit card with Vanquis, two months in arrears (I know what you're thinking all these reputable companies, yes my past is chequered, but I'm trying to put it behind me) to be quite honest I'm fed up with the lot of them I've dealt with debts that I felt obliged to pay because the companies were at the very least reasonable with me but these three thieving b!!!!!!s I have had enough of, so I've been studying this forum and I think I'm right in what I'm going to do...

 

I intend to send them all a CCA request, if I've understood right if they cannot provide the requested documents in full then I can cease making payments to them and basically tell them to take a long walk of a short pier. Correct?

 

In this case they would be unable to lawfully default me or attempt to get a ccj. Correct?

 

If they did attempt to enforce the agreement without these documents I can take court action, and in lieu of them producing these documents the court would rule in my favour. Correct?

 

I think my understanding is correct and I've picked up the process to follow just need some confirmation.

 

Second Post...

 

 

Thanks for the advice folks, this is the latest and what I think I can do about it...

 

Welcome have not responded in any way and I issued an Account in dispute letter and stopped making payments. They are still pursueing me though by phone and letter from the local office. So I intend to send a letter to the local office telling them to bog off (in polite terms of course) as I have put the Account in dispute with their head office who haven't even bothered to respond to me. As they are the stage of commiting an offence also I intend on writing to the FSA to make them aware of this.

 

The welcome people on the other hand haven't even bothered to reply and whilst the debt was taken after Jan 07 and I couldn't argue s127 I think I'm in a strong position to withhold payment as I don't think they have a signed agreement, which would explain why they haven't replied, but also if they try to issue court proceedings or if I issue court proceedings when they refuse to remove info from the credit reference agency I think I am in a strong position to argue that they can't legally bind me to their terms and conditions and interest rates and I could negotiate with them how and what to pay back. I just don't want to find I've missed something that would weaken my position.

Edited November 30, 2009 by 42man

[42man]

Spike....you have got the main gist of it....however it is no longer an offence for them NOT to provide your CCA after 12+2+30 days....they simply remain in default of your request until such time as they provide it....and they would try and take you to court, however the non production of the agreement is a complete defence. Have you tried sending them a SAR ? and this you may find of interest also - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[42man]

As for removing the default information on your credit files then you should be aware of this - http://www.judiciary.gov.uk/docs/judgments_guidance/mcguffick-v-rbs.pdf

[spike79]

Thanks for the advice 42man, so I take it then on that basis I don't report them to the FOS for an offence then if it's no longer an offence...got it.

 

I looked at the judgement, but to be honest it was losing me and about half way through I thought wasn't overly relevant to me as if they produce a true document I won't argue at all just work out with them how to pay back and if they default me well c'est la vie.

 

The subject access request thing is interesting though, if I move to the next step with welcome, that being if they still don't reply I contact them to offer a settlement on condition my info is removed from CRAs, should I send the subject access request first? That way if I take proceedings I can show I tried all avenues that were open to me legally to check the validity of the document (In my mind if I did send this and they still produced nothing or didn't reply it would put me in a very strong position and show that I am compliant with the law and my responsibilities whaereas they have not been).

 

Sorry to waffle on, but I really want to be thorough about this, also I was looking at a document I found which I think is the same document that if they have a signed copy they would send to me, and I think it's unenforceable as I can't find my rights to cancel on it anywhere, would this be right?

 

Cheers