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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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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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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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Hi Postggj

 

 

Any letter template yet ?

 

Best regards

 

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

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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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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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