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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well.   But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them.   If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction.   Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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fulhamjim

Newbie to this site - Welcome Finance

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Evening all,

 

I've had several loans with Welcome over the past 6 years, started off with £500, and it's escalated with 3 or 4 "top-ups" of about £1000.

 

At least three of the times, including my initial loan, I was told that if I did not take out PPI my loan would not be accepted. I've since noticed from various sources(and having been cold-called about PPI reclaiming) that it's all a big, well-known [problem], and am keen to understand a bit more. I've read several threads but there's so much info there it's a bit of information overload!

 

I'm sure that when I topped up, they've paid off the original loan with no rebate on the PPI, and just added that on to the new agreement. So in effect, I'm paying PPI, and interest, for PPI that covers loans that don't exist any more!

 

What should be my first step, an S.A.R. to Welcome asking for details of all the loan agreements I've entered, and what they are made up of?

 

Does them having miss-sold me insurance make the agreement unenforceable?

 

Can I stop paying them immediately, as I believe the account to be in dispute?

 

Your advice and suggestions would be most welcome(!!!!)

 

Thanks in advance,

Jim

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hi fulhamjim don't know about stopping payments or putting account into dispute i am sure someone will come along and advise u on this but the SAR for welcome is on another thread "welcome----need help" it's number 28 i am sure post won't mind me telling you where it is because it's his special one for welcome.

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Im sure someone will correct me if im wrong but i wouldnt stop payment at the moment especially if you have a good credit history you wouldnt want these fools to spoil that.....

 

I believe you can contact welcome and find out who underwrites your ppi and SAR them also to see if there even are policies....

 

sorry im not much help i have limited knowledge but am learning through reading im sure someone more experienced will come along and help out :)


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Sent off my first letter on 30/11 quoting the three PPI policies I was miss-sold. Guess what? No response.

 

So I am sending my second letter giving them 14 days, with photocopy of my first letter and copy of the recorded delivery receipt(which shows delivery was made on 1/12!)...

 

Thing this is going to take some time.... :mad:

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yep!

 

my sar took twelve months but it full of information of how welcome operate, the insurances are provided by Direct Group

 

hope this helps

 

essexboy

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If you want to move along without waiting for them contact direct group yourself they seem able to provide information using your name, dob and address you wont need all account numbers etc

theres a link to direct group on alot of threads have a read through and find it :)


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Customer Service: 08444124100

 

Got it from there website: Direct Group - Contact Us

 

there ya go :D


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Customer Service: 08444124100

 

Got it from there website: Direct Group - Contact Us

 

there ya go :D

 

Got the policy numbers from them already, and quoted them on the first and second letters... The waiting game commences! :)

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evening all. Still nothing back from Welcome, no acknowledgement, no questionairre, nada...

So, is my next step to complete the FOS complaint form?

Thanks in advance :)

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:smile::smile:Success!

My letters were all ignored or fobbed off by Welcome, and I was contacted by a company who offered to do the service, and sent me their forms. The forms were littered with spelling mistakes, and I just didn’t trust them so I told them not to bother.

Then I was introduced to a friend of a friend who works for one of these companies, he handled my claim for me. I sent him all the details on 16/9, and I have today received my first offer of just shy of £1500. But he’s going to go back and try for more!

Thanks to all for the advice offered. Obviously giving away 25% hurts but they’ve got results in just under 8 weeks so it’s a price I was willing to pay to save me the hassle. If you want my new friend’s number and contact details, please PM me and I’ll be glad to share.

Just in time for Christmas too, I’ll be eating Goose and drinking champagne instead of Turkey & Cava!

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quick update.

Welcome finally sent the payment to my claims company at the end of Dec, but. nin clsoing one agreement and re-calculating the new one, they somehow managed to create two accounts and default me on both, plus deduct a months payment from the PPI refund as "arrears". Incredible. Have written to them yet again.

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