Welcome AGAIN

[leelakey07]

As I said in my last post I have sent my car finance account to Ratio Money to hopefully get wiped. Now Welcome are in breach of their 12+30 day time frame to supply a CCA, Ratio have sent them a final demand and a complaint and sending us paperwork so it can goto the solicitors. Now Marcus the prick from Welcome Finance rang once, turned up on my door and I basically told him where to go as this is the 4th week we havent made a payment.

 

He has just called again and I think he is trying to get me to agree to something over the phone. He said and i quote

 

"We have to continue making payments even though the account is in dispute"

 

"If not as we speak a default notice is being drawn up" Now ratio told me that the agreement is unenforcable while they are in breech and its in dispute....IS THIS TRUE?

 

He wants my husband to call him tomorrow because he think we are in financial difficulty and he can help...now Im thinking he is gonna try and get DH to re-write over the phone

 

Im on hold to Ratio as I type but can anyone offer any advice on his demands? He shouldnt even be contacting us should he?

[ozzywizard]

Somone will be here to advise further so good luck with them. My only advise based on my own exeriences and with reading this forum is to NOT sign or agree to a new contract rewrite or anything else they offer you.

[postggj]

hi leelakey

 

typical bs from welcome as usual

 

the cca works like this

 

welcome have a total of 12 days plus two to send you a copy of your agreement. the two days is for service. that makes a total of 14 days.

the 30 days and criminal offence has now gone out the window and no criminal offence now exsists.

 

its 14 days for compliance.

 

after this 14 days, welcome are in default and can not enforce. that includes charges, defaults, legal action, etc etc

 

you can stop payments with no penalty

 

to me it looks like they have no agreement:)

 

dont sign or agree to anything

 

welcome are stuffed until they give you a true copy of your agreement and not a fabricated one:D

 

 

as long as cca request was sent recorded delievery and confirmed through track and trace

 

tell me about this ratio money

[leelakey07]

Thank you Postggj!!! I knew he lied he said "he has every legal right to do so" Cant wait for him to call me back now as Im supposed to be ringing them tomorrow but wont be

 

Ratio Money, are a company that get things like this wiped off they go over your agreements and get your PPI back, i know alot of companies do this and ratio do charge £295 BUT if they loose you get it back so kind of no win no fee plus you dont pay them anything they get their fee from Welcome...I know I could have done all this through help from this website but my son has heart disease and I dont have the time or energy for the hassle

[postggj]

Well Whats Best For You, Thats The Main Thing

 

Any Probs Just Update Your Thread

 

Regards

[Ibsys]

As I said in my last post I have sent my car finance account to Ratio Money to hopefully get wiped. Now Welcome are in breach of their 12+30 day time frame to supply a CCA, Ratio have sent them a final demand and a complaint and sending us paperwork so it can goto the solicitors. Now Marcus the prick from Welcome Finance rang once, turned up on my door and I basically told him where to go as this is the 4th week we havent made a payment.

 

He has just called again and I think he is trying to get me to agree to something over the phone. He said and i quote

 

"We have to continue making payments even though the account is in dispute"

 

"If not as we speak a default notice is being drawn up" Now ratio told me that the agreement is unenforcable while they are in breech and its in dispute....IS THIS TRUE?

 

He wants my husband to call him tomorrow because he think we are in financial difficulty and he can help...now Im thinking he is gonna try and get DH to re-write over the phone

 

Im on hold to Ratio as I type but can anyone offer any advice on his demands? He shouldnt even be contacting us should he?

 

If the lender does not comply with a section 77/78 within 12 days, after 30 days, the loan IS unenforceable. They are not able to go to court over it as a court cannot enforce the loan either. While the loan is in dispute, and while the section 77/78 has not been complied with, if the lender puts a negative entry onto a Credit Reference Agency, they commit an offence.

The lender is in default 77/78 so the lender cannot register a default or send notices.

[postggj]

That Last Bit Is Now History

 

Its 12 Plus 2 Days For Postage

 

It Then Goes Into Default After 14 Days

 

 

the 30 Days Is Now History And Not Relevant

[Ibsys]

hi leelakey

 

typical bs from welcome as usual

 

the cca works like this

 

welcome have a total of 12 days plus two to send you a copy of your agreement. the two days is for service. that makes a total of 14 days.

 

the 30 days and criminal offence has now gone out the window and no criminal offence now exsists.

 

its 14 days for compliance.

 

after this 14 days, welcome are in default and can not enforce. that includes charges, defaults, legal action, etc etc

 

 

you can stop payments with no penalty

 

to me it looks like they have no agreement:)

 

dont sign or agree to anything

 

welcome are stuffed until they give you a true copy of your agreement and not a fabricated one:D

 

 

as long as cca request was sent recorded delievery and confirmed through track and trace

 

tell me about this ratio money

 

It is 30 DAYS after which the loan is unenforceable. When the lender is issued with a section 77/78, they have to provide not just a copy of the loan agreement but it must be legible, if you cant read it then it is not valid. They must also send any document which refers to the loan, when the payments are due, what has been paid, what the balance is and all the statements. The loan must comply with the prescribed terms in section 60 and 61. If they dont, then a court cannot enforce the loan. If the lender enters a negative entry on a CRA database whilst they are in default of a 77/78, they commit an offence.

[postggj]

may i ask what ammendmants to the cca you are quoting from

2006

2007

[Ibsys]

That Last Bit Is Now History

 

Its 12 Plus 2 Days For Postage

 

It Then Goes Into Default After 14 Days

 

 

the 30 Days Is Now History And Not Relevant

 

It is 30 days , just that the offence has been removed which is why the lenders are dragging their heals. Also, as lenders now are wise to the fact that most loans before April 2007 are unenforceable, they are fighting some agreements in court and a "litigant in person" is more likely to lose against solicitors and barristers act for the lender. This is where companies like Ratio come in. They take out AFIs which the solicitors pay so there is nothing more to pay by the client. This all takes from 7 months due to the lender. The client gets a refund after 60 days if the loan is enforceable and if the agreement is gotten quickly

[Ibsys]

may i ask what ammendmants to the cca you are quoting from

2006

2007

 

The amendments were debated in 2006 and came into force in 2007. I leant most of this from some guys in Newcastle, they are all into loan removal.

[Ibsys]

"Failure by a lender to observe strictly, the intricate requirements of the Act can lead to a loan being completely unenforceable with no right of restitution or other form of relief"

 

- Lord Justice Clarke, 2002

[postggj]

do you have any comercial attachment to ratio ibsys

 

seems you are singing to there tune

 

YOUR QUOTE

It is 30 days , just that the offence has been removed which is why the lenders are dragging their heals. Also, as lenders now are wise to the fact that most loans before April 2007 are unenforceable, they are fighting some agreements in court and a "litigant in person" is more likely to lose against solicitors and barristers act for the lender. This is where companies like Ratio come in. They take out AFIs which the solicitors pay so there is nothing more to pay by the client. This all takes from 7 months due to the lender. The client gets a refund after 60 days if the loan is enforceable and if the agreement is gotten quickly

[Sol]

Yeah I thought the 30 days was scrapped as well, Post.

 

It used to be that after the full 42 days the creditor could be reported and appropriate action taken against them for breach of the DPA. That was removed about a year ago.

[postggj]

You Are Correct SOL

 

ITS NO LONGER AN Offence AS IT HAS NOW BEEN REMOVED

Edited December 16, 2009 by postggj

[Ibsys]

do you have any comercial attachment to ratio ibsys

 

seems you are singing to there tune

 

YOUR QUOTE

 

It is 30 days ,

No, I have no association with Ratio Money but I do have association with a small firm in the North. These firms must be regulated by the Ministry of Justice and the rules are very strict and the firm can be struck off.

Most firms who get agreements cancelled and PPI refunds charge no upfront fee but charge up to 25% of the value of the loan when/if they do get the loan wiped. The means that where someone has a loan of say £12000 (or credit card) then when the loan is wiped, the customer has to pay £3000 which he probably has not got so has to take out another loan to pay the fee. That person then is still in debt which is not what it is about.

Ratio Money and the small firm I have association with charge an up front fee where the agreement is gotten and audited for non-compliance and if the agreement is unenforceable it is passed to solicitors to have it cancelled and PPIs refunded. Beyond the initial fee, there is no more to pay. If the agreement is enforceable and fully legal, the client gets a total refund. If the lender does comply with the 77/78 as they should then this takes about six weeksfrom request to audit to fee refund if the agreement is enforceable but lenders drag this out now so it take longer and lenders have to be persued by solicitors to comply sometimes but at no extra cost to the client.

 

And commercial has two Ms

[Dibbothe3rd]

I know another company that does this. Consumer Benefit Network.

 

Mis-Sold PPI, Unfair Credit Card Charges, Credit Card Overturns I think the website is. Seems a few are popping up offering this service. I understand that they charge £295 + vat for the service, however if they have a low chance of winning they will not proceed and refund all of it bar £50 for the solicitors auditing fee.

[leelakey07]

Another monkey on my case now, Marcus is nomore and I have a new idiot named MICHAEL, rang me 3 times...tried to change his voice and wouldnt tell me where he was from hence me refusing to pass the phone over to my husband, thinks Im stupid obviously. Bodering on harrasment now...all info logged with ratio.

 

Now one question I know Welcome like to play dirty. Im worried they will try and take my car, even though the account is in dispute and they are in breach of cca request and even though Ive had no default notices even though they arent allowed to issue them which in dispute.

 

Is this a possibility? Ive also paid over a third of the car so can they not do this without a court order?

[beyondhope]

i may be wrong and someone please correct me if i am but as i understand it welcome would need a court order to 'legally' take the car as you have paid over a third. not to say that it hasnt been known for them to take it anyway BUT if they did it would be ££ time for you

[leelakey07]

i may be wrong and someone please correct me if i am but as i understand it welcome would need a court order to 'legally' take the car as you have paid over a third. not to say that it hasnt been known for them to take it anyway BUT if they did it would be ££ time for you

 

Thank you this is what I also thought, let them shoot themselves in the foot

[Ibsys]

Yes, they would need a court order to re possess a car but if a section 77/78 has not been complied with , a court knowing this could not issue one, section 127 precludes them from doing this. But if they did lift the car, then they would find themselves paying compensation. It could even be theft.

[leelakey07]

Scare mongering?

 

[postggj]

Well If They Still Have Not Complied With Your Cca Request

 

Bog Off

[leelakey07]

Exactly my thoughts!

[beyondhope]

Ive had one of those usually says contacted 3 times....yea when?? mines filed