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    • OK thanks for that. I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't. The have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this. I'm wondering whether I should ignore the letter or respond. I will not accept the offer.  offer.pdf
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
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Dolly G

Final Response Letter From Welcome Finance- Can anyone give me some Help ...I Live in Scotland.

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WELCOME FINANCE - Letter Received Today

 

FINAL RESPONSE

Dear ...

 

I write to your letter received 28 October 2009. Please accept my apologies for the delay in my response.

 

We would take this opportunity to refer you to the recent judgement given in the case of Southern Pacific Personal Loans v Michael Walker [2009] EWCA Civ 1176.

 

In your complaint, you stated that interest had been charged on the Acceptance Fee, which equated to treating the Acceptance fee as credit, the result of which was the same that the same had been incorrectly included within the total charge for credit.

 

We would state that in the above - mentioned judgement, it was ruled that interest may be charged on items included within the total charge for credit,and by doing so, no breach of the Consumer Credit Act has been committed.

 

We can provide a copy of the judgement, should you so wish.

 

We would therefore comment that including the Acceptance Fee within the total charge for credit and by charging credit interest on the same, we have

therefore committed no breach of the Consumer Credit Act, and your agreement will remain enforceable.

 

We therefore invite your comments relating to this point.

 

I can advise you that section 142 of the Consumer Credit Act preludes

enforcement of agreements already settled.

 

Having viewed our records, I can advise that as only £1.00 was received in

regards to information requested and a copy of your signed agreement and statement of account was issued to you following this payment.

 

Should you request all information held on file then you would need to submit a further request and payment for £10.00.

 

The information regarding insurances is not sent from Welcome Financial Services.We simply sell the product and the administrators Direct Group send out the information to you.

 

The 14 days cooling off period starts form the day you were quoted and not as you believe from the day you sign the documents, however I find this point irrelevant as you accepted the loan and have paid it off in full.

 

For your information, only Hire Purchase Agreements need to be signed on

trade premises.

 

Based on the above points, I find that I am unable to accept your complaint.

 

Should you remain dissatisfied with our final response, you can escalate your complaint to the Financial Ombudsman Service within six months of the date staed on this letter.

 

Yours sincerely

 

Customer Complaints Department

 

 

LETTER

 

 

October 20 2009

Dear Sirs

 

Account Number: 936190

 

I am writing to you with regard to the above account. In reading the documents your company has provided I have come across what I believe and can prove to be a breach of the Consumer Credit Act 1974 hence rendering the above account unenforceable.

 

I have discovered from your companies recent statement that whilst my agreement shows an acceptance fee of £235 that is calculated into the overall loan total your company has failed to disclose on this document that the £235 has had an interest rate applied. This contravenes s.61 of the Consumer Credit Act 1974 and has been proved in court through Wilson V First County Trust.

 

As this was not accepted on the original agreement and consequently I will be referring this matter to the Financial Ombudsmen Service as I deem this to be a direct attempt to mislead the customer.

 

Therefore as this account is now unenforceable I will with immediate effect and request a refund of all payments made to your company before this November 4 2009.

 

 

If my request is not complied with within 10 days I will have no further option to file this matter in the courts.

 

I expect a swift response to this matter

 

Yours Faithfully

 

 

 

LETTER 2

 

 

 

Further dispute with loan agreement

The loan agreements in question are secured personal loan.

 

Loan agreement

 

I completed the agreement on 28/02/03 and sent back to welcome finance on 01/03/03. I had not completed the form with my signature so the letter of 24/02/03 asked to contact office and advise if I was going to proceed with loan. Welcome Financial Services signed this agreement dated 11/03/03 and Welcome Financial Services paid 13/03/03 into my loan account on 13/03/03.Direct Debit was taken 31.03.2003 £342.57.Secured Loan Payments due to start one month

after the agreement date and will continue on the same date after that.

 

At no time was the agreement signed at a welcome office or any face to face negotiations entered into.

 

On entering a secured loan, fourteen clear days for a cooling off period needs to be applied. I was never given this fourteen day cooling off period.

 

The cancellation period begins on the date of the conclusion of contract and ends fourteen days from that date.

 

The loan account was paid prior to the completion of the fourteen day cooling off period.

 

On entering a secured loan, fourteen clear days for a cooling off period needs to be applied. I was never given this fourteen day cooling off period.

 

The cancellation period begins on the date of the conclusion of contract and ends fourteen days from that date.

 

The loan account was paid prior to the completion of the fourteen day cooling off period.

 

 

Since the agreement is unenforceable, I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages.

 

 

 

 

 

 

Could someone please assist me

 

Regards

 

Dolly G

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Guest Old_andrew2018

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utter bull! by welcome as usual

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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dx

 

Any ideas how too deal with WF, would be very helpful.

I want to go to persue this complaint as I am overwhelmed like many others who are in the same picture.

 

 

 

Thank you for replying :)

 

Dolly G

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We would take this opportunity to refer you to the recent judgement given in the case of Southern Pacific Personal Loans v Michael Walker [2009] EWCA Civ 1176.

 

WELL WILSON V FCT TAKES CARE OF THAT BULL WELCOME

 

waker V Sppl TAKES NO PART

 

ON THE SECURED LOAN

 

SEEMS YOU HAVE BEEN DOING YOUR HOME WORK

 

CORRECT ON ALL MATTERS

 

MY ADVICE WOULD BE TO KEEP THE ACOUNT IN DISPUTE AND USE THE FOS

 

PURE BS FROM WELCOME AS USUAL

Edited by postggj

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Postggi

Thank you for replying , I have had a massive help to date from reading fellow memebers posts regarding Welcome Finance.

I believe you are a crucial part of helping us all everyday.More directly I am feeling what do I have to do to identify where do I go like hundreds of others.

WF are confident and supported by the current defence of the company management.

Thank you again

Dolly G

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Dear All

 

I live in Scotland and to be brief......I was advised back in 2005 by CAB Glasgow to settle WF and start fresh. I did believe at the time that my instinct there was something amiss but between the pressure of BOS and my solicitor's stating they were going to enforce the secured loan.

Yet missing a lack of knowledge on my behalf.

 

This site has many experts and I would appreciate help to review this case although paid in full May 2005.

 

I have checked with Direct Group - no details

Credit Report Equifax + Experian shows Joint Mortgage

Standard Security Form is blank from copy sent back in 2003

Borrowers name s my deceased mother and my own name

PPI Claim Sent - No Refund From Welcome Finance

Add Hoc Fees and Capitalisation Charges.

Claimed £214.00 in 2006 for what was showing in Loan Statement Jan.2005

Statement 2009 - Shows Add Hoc Fees + Capitalisation £510.00.

Settlement Figure Paid by my solicitor is £20079.19 + Golds Fees For Discharge £110.13

October 2 2009 Secured Loan Statement - Standing Order £19714.57

 

I am so confused.

 

Any ideas would be very helpful.................

 

 

Dolly G

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do you have the agreement to hand

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Hi

 

Please find attachment for Welcome Finance.

 

Dolly G

Edited by Dolly G

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pure bull from welcome as usual

 

whaen are they going to stop this pacific loans biz

 

dolly

 

what is it you exactly want

 

free of welcome

 

if so

lets get the ball moving

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pure bull from welcome as usual

 

whaen are they going to stop this pacific loans biz

 

dolly

 

what is it you exactly want

 

free of welcome

 

if so

lets get the ball moving

 

postggj:

 

lets get the ball moving .......................

 

Please

 

Dolly

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leave this with me for a few days

 

ill draw up some letters to begin with

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Thank you

 

 

Dolly

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Hi Postggj

 

 

Any letter template yet ?

 

Best regards

 

Dolly

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No Probs

 

Give Me A Few Days

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postggj

 

Hope you are well.

After reading the latest news regarding Welcome Finance on the forum today.

 

As an alternative could I take WF to court for Mis Selling PPI ?

 

Best regards

 

Dolly

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Hello postggj

 

I understand how busy you are, would appreciate your help with a letter for WF.

 

Many thanks

 

Dolly

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postggj

 

Hope you are well.

After reading the latest news regarding Welcome Finance on the forum today.

 

As an alternative could I take WF to court for Mis Selling PPI ?

 

Best regards

 

Dolly

 

You would be better of going via the FOS if you belive PPI has been mis sold.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks Citizen B

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Hi Dolly

 

Been reading your thread as I am in the same position.

 

The acceptance fee on my contract has been calculated into the loan and the apr is consequently incorrect. Also I live in Scotland.

 

This is what I was advised to do.

 

You already have the 'contract' they sent - I sent a £10 crossed Postal Order to Welcome for the Subject Access Request - a full, up to date statement of the payment and charges on the account.

 

I put these on a thread and also got hold of a telephone harrassment letter (if you are getting calls from them), which I will post tomorrow. I also intend to put the account in dispute.

 

Post doesn't seem to be around atm (hopefully just taking a well deserved break) but OzzyWizzard is another among others that can help practically.

 

For moral support there are plenty on here that do that.

 

I've hoped I've helped in some small way.

 

Regards.

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Lawrence 147

 

I do thank you for your words of wisdom. I have discovered every one on this site are always working hard to guide and help other's.

 

Actually I do have to follow through the court as my next step. Will of course ask members to check my notes for raising the Summary Cause Summons application.

 

Wishing you a very successful outcome aginst WF.

 

Best regards

 

Dolly

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