Offer from Welscum

[mrjoolz]

Hi Post... well its the 21st and still nothing..... what shall I do now ?

[mrjoolz]

bump

[mrjoolz]

Post,

 

Had a letter back from welcome saying that they dont accept the account in dispute. Shall I post letter up for you to look at, or PM you with it ?

[mrjoolz]

Here is the letter I had back. Decided to scan and convert and paste here.

 

 

Compliance Department

Mere Way

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

Tel: 0845 618 7819 Fax: 0115 984 9386

FINAL RESPONSE

Dear Sir

We write further to your letter dated 24 December 2009. Please accept our apologies for the delay in responding.

We assert that the agreement supplied in response to your section 77 request complied with the relevant provisions. We draw your attention to Regulation 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 which states a "true copy" must be provided.

A "true copy" need not be an exact copy, though it must contain "every material provision" {Burchell v Thompson [1920] 2 KB 80). Regulation 3(2) allows for certain omissions from the copy to be provided. These include the signature box, witness box and the signature of the customer. Therefore, in the absence of the original executed agreement, a "reconstituted" copy is sufficient for these purposes.

Should you disagree with the above, please provide us with the legal authority upon which you rely.

For the avoidance of doubt, it is wholly denied that the loan agreement is unenforceable, for the reasons given or at all. Furthermore, we do not accept that the account is in dispute.

In any event, we refer you to the recent judgment in McGuffick v Royal Bank of Scotland [2009] EWHC 2386 (Comm), which stated that the following are not classified as enforcement (whether the agreement is unenforceable or not):

reporting the status of any account to a credit reference agency (CRA);

demanding payment from the debtor;

issuing a default notice to the debtor

Threatening legal action

Instructing a third party to demand payment or otherwise procure payment

bringing legal proceedings against the debtor

We therefore reserve our rights under the loan agreement. You are obliged to continue making payments and we reserve our rights to pursue you for any arrears

Please accept this as our final response in the matter

Should the issue not have been resolved satisfactorily, you do have the right to refer this matter to the FOS within six months of the date at the head of this letter, or seek redress via the court system

If you decide to go down either of these routes, please send all correspondence to the address above.

 

Yours sincerely

Welcome Financial Services

 

 

any ideas on what I do now. ????

 

Ta

[mrjoolz]

bump

[mrjoolz]

Anybody able to help me ?

[dawnytrish]

Sorry I cant help ....but just giving your thread a bump for the Masters...

[mrjoolz]

thanks. bump again

[ruskie]

I am also watching this thread, very interesting!

 

I am new to all this but surely Welcome cannot decide that there letter is final. They really do think they are a law upon themsleves.

 

I am still waiting for my CCA although i did recieve correspondence from them acknowledging a SAR i did not request!!

[mrjoolz]

I started asking Welcome for my SAR information back in September, and they failed to provide me with all information, so I sent in CCA request. Once again, I had letter saying they were processing it, but nothing sent back to me at all. So then I sent in letter about account is dispute and they said No to that, and that I should still make payments. I have refrained from sending money and changed my D.Card information, as they took two payments, in one month. They did say they would send one back, but never did. I have no intention of paying any more money to them until I receive my correct and complete file.

 

I was thinking of making an offer to get rid of loan, but again, until I know what it is I owe, less all my charges etc, I am unsure what to offer.

 

:o)

[mbat2]

I am also watching this thread, very interesting!

 

I am new to all this but surely Welcome cannot decide that there letter is final. They really do think they are a law upon themsleves.

 

I am still waiting for my CCA although i did recieve correspondence from them acknowledging a SAR i did not request!!

 

Same here...requested CCA and they confirmed SAR...nothing received so far.

[mrjoolz]

anyone know where Post is lately ?

[ozzywizard]

Not a clue MrJoolz, I knew he was out for the weekend but didnt know he would be gone so long, he is sure being missed.

[mpotts123]

I spoke to someone in the colleactions departent today, who stated they could take an offer from me to settle but would need to e-mail this to the directs? I owe £14,210 and offered £10,000. It was declined!!! I am upto date with all payments and havent missed do you think this will effect it?

[mrjoolz]

Hi Post

 

After sending my letter off saying account is dispute, I got a snotty letter back saying they had sent me all my information, although I havent signed for anything.

 

CCA wasnt sent at all.

 

They refuse to accept account in dispute, but I havent had any contact from them since November last year. Do I need to do anything else, or leave it. The actually end date for the agreement, if it was paid off will be either this month (end of March) or end of April. Cant remember exactly

 

What will happen when the end date comes, and nothing more has been paid on the account ?!

 

any help appreciated.

[postggj]

Give Me Half An Hour

 

Just Catching Up On Your Thread

[mrjoolz]

Cool beans

[postggj]

To Be Honest You Have The Recorded Delivery Receipts Asking For Theagreement

 

Welcome Are Well In Default

 

I Would Ignore, Its Obviouse They Have No Agreement.

 

Fancy Trying To Pass Off A 2007 Agreement On A 2004 One

 

Realy

 

If You Get Any Future Grief, Give A Bell

 

He Debt Exsists, Its Just That It Cant Be Enforced

 

 

If You Require A Definate Answer On The Agreement, Doing A Request Under Cpr 31.16 Is The Answer

 

Ive Used It And It Works But As Welcome Are Quiet With You, Do You Want To Open A Can Of Worms Again

 

Its Your Choice

[mrjoolz]

Cool, I will do just that.....nothing. Cant believe they never even sent the CCA through.

 

Oh well. Thanks for all your help on this.

[mrjoolz]

Hi Post,

 

I had a letter from a collections company over the weekend, saying that I have to pay the full balance of £4500 by the 31st March 2010, or else the company will start legal proceedings.

 

However I never received the information I requested from Welcome, and have no intention of paying them anything.

 

What should I do with this letter, should I reply to it ?

 

Many thanks

[mrjoolz]

bump

[jdene]

Hello mrjoolz firstly dont panic they run from court cases you need to send a CPR request for the underwriting sheets which will proove secret commissions, they will ignore this but if you want you can have a copy of mine which they sent me by mistake this alone gives reasonable evidence to suspect that secret commission has been added to your account, when they ignore your requests, which they will simply use thier refusal as part of your defence and include the copy of the underwriting sheet to show evidence of this fradulent practice and request that the court orders disclosure of the documents requested, someone here will be able to give you the templates for the CPR requests and the request for disclosure to the court and believe me they will withdraw from any court action, as they did with mine, but now I wont let them withdraw as I have issued a counter claim.

Hope this helps

jdene

[mrjoolz]

Many thanks for the advice. Anyone got this CPR request letter. I also sent off letter that post placed.

[beyondhope]

Many thanks for the advice. Anyone got this CPR request letter. I also sent off letter that post placed.

 

I dont have a copy to hand but i believe there are some in the templates library in the main forum

[mrjoolz]

Update :

 

I have now received a letter from Lewis Group saying that they want the money to clear my account. Followed three days later, by a card only in an envelope saying call this number urgently (nothing more)

 

I am not interested really in calling Lewis Group at all, as Welcome failed to send me complete SAR and when I asked for CCA, I never got anything back at all.

 

Thoughts please ?!

what should I do now ?

 

Ta muchly