Secured Welcome Loan - Help!

[scotsman14]

hi Billy,

Best bet is to start your own thread and post up any agreements you have.

[ozzywizard]

Hiya Billy, I think you need to get a copy of your agreement by meens of a CCA request. but would you mind opening your own thread so we may follow your progress and advise accordingly with a diary of events.

[Billy goat gruff]

Yeah more than happy to do that but not sure how you open a new thread/ Would be grateful if some one can advise - Ive only ever posted replies.

[Dibbothe3rd]

the "New Thread" Button is to the left above all the annoucements on the main welcome page.

[mark1arby]

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=248

 

Here You Go M8

[Gram1]

Hi

 

Just had a thought - We have had 3 or 4 loans with Welcome, some secured, some unsecured over the years. Each one was settled before taking out the next one etc.

 

This goes back quite a few years and it is only with recent loans that i have been aware of ppi and have been choosing not to have it. So i reckon there is a good chance at least one of the older Welcome loans will have had ppi on it.

 

How can i find this out? Will Welcome still have details of old settled loans going back as far as 8 years ago? Its probable that one of the secured loan was from our previous address that we moved from over 5 years ago and would be in my wifes maiden name.

 

I dont have any details or loan numbers for the old loans so not sure where to start. I would love to find out if any of the old loans had ppi and if so if i can claim it back.

 

Cheers for any help.

[Gram1]

any thoughts anyone?

[postggj]

Direct Group - Where Insurance and Innovation Combine - Home Page

 

THESE PEPLE WILL TELL YOU

[Gram1]

have they always done the ppi for welcome, even years ago?

 

i thought i read some posts about direct group never having heard of people who have got ppi with welcome and it turned out welcome had done something themselves with the ppi - or am i getting myself confused?

 

Basically if i phone this mob up, and tell them of the names/addresses of where we lived, do u reckon from this they can tell if welcome have ever given us ppi on any of our loans, even if i dont know the loan numbers?

 

And if they have, and these are loans that we have settled, would we be able to claim back for the full amount of ppi included in the loan? Not sure how it works, or are we stuffed because the loans are now settled?

[Gram1]

ps, hope you are feeling better post

[postggj]

Well The Ppi Is All Welcome And Direct Group Is Just A Front

 

The 6 Year Statute Of Limitations Sart From When The Loan Finished

Not From Its Conception

[Gram1]

i'm confused, does that mean Direct Group will or wont have details of ppi we may have had on old welcome loans?

 

6 Year Statute Of Limitations - does that mean if 6 years has passed since loan was settled then i cant claim the ppi back?

[Gram1]

post?

[postggj]

If Its Been Six Yars Since An Agreement Has Been Closed, The Creditor No Longer Has To Keep That Information

 

Direct Group/welcome Must Keep That Data By Law From When The Account Was Closed Plus Six Years

[Gram1]

Great, thanks for that. It has only been 5 years since the 1st loan was closed so hopefully they will still have the details.

 

i have a feeling there was def ppi on it, so even if the loan was settled in full, can i now claim back the full ppi part of it?

[emandcole]

Can be up to 7 years depending on when the tax year ends I believe. Either way you're well within.

 

As for reclaiming PPI I would imagine that would be subject to limitation also meaning you're again fine, but perhaps this is different as it's an insurance, perhaps governed/protected under different law? Perhaps a call to the FOS would make things clearer as believe PPI can fall under their remit.

[Gram1]

Given the fact they probably made large commissions on such deals (which should be obvious on paperwork resulting from a Subject Access Request)

 

not a chance on sar

they just spout corporate sensativity

 

you need this for them to comply

 

most important sent recorded delivery

 

 

 

xxxx

Xxx

Xx

Welcome financial services

Compliance

Ruddington fields business park

Ruddington

Nottinghan

Ng11 6nz

 

1/01/2010

 

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Additionally I require the underwriting sheet and any reference to welcome elite brokers. These documents to show any commission paid to you by the broker or by you to a broker.

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by 4pm on 21/01/2010

 

 

Regards

 

xxxxxxxx

 

Right, came home today to Welcome's reply to the above letter.........

 

It basically said that i needed to enclose a £1 fee for the statement of account, and £10 if i wanted SAR and that they wont process my request

without them.

 

I thought what i sent wasn't a SAR request and that they had to comply with it?

 

What now?

 

cheers.

[postggj]

Thought They Would Do This

No Surprise

I Have Just The Response

 

Give Me Half An Hour To Post It Up

[Gram1]

Terrific, thanks so much Post.

[postggj]

FORMAL REQUEST FOR INFORMATION

CPR part 31.16

Dear Sirs

 

Account number

 

On XXXXX I wrote to your organisation requesting that you supply me a copy of the agreement for my account. My request extended to the full agreement which bore my signature. Additionally I require the underwriting sheet or other document showing any commission paid to you by the broker or by the broker on by you to the broker.

 

The request was made pursuent to cpr 31.16, not under the data protection/consumer credit act.

 

I enclose a copy of the letter which was sent for your information.

 

I note that the reply received on xx xx xxxx from your organisation is far from acceptable.

Your reply was to enclose a £1.00 fee for a consumer credit agreement request or £10.00 for a data subject access request. I have yet to receive a true copy of my agreement which I requested. In view of the circumstances I do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as yours. Therefore I would ask that you provide me with a copy of the contract which bears my signature. I require the complete document with all its parts.

 

the reasons why I require this information are clearly set out within my original letter dated XXXXX , but for clarity I require this document for the following reasons

 

1.I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed

 

2. Because I believe that the Payment protection insurance was not correctly incorporated within the agreement

 

3.because I believe that there was a commission paid in respect of this agreement which has not been disclosed to me and therefore is a breach of agency law

 

4. I have in my possession underwriting sheets with reference to welcome elite brokers so I require a true response to my request for the underwriting sheet.

 

 

since this matter is likely to be subject to proceedings and govern that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to civil procedure rules part 31.16(3)©&(D) which gives the court the power to order you to disclose this document to me.

 

The disclosure of these documents will allow me to consider any claim I may have against your organisation and will allow for the matter to be dealt with possibly without the need for costly litigation. Therefore I again ask that you provide me with the documents which I have previously requested. I don't not consider this request unreasonable and therefore if you fail to comply with my request I will be left no option but to make an application to XXXX county court for an order made under the provisions of CPR 31.16 ordering you to disclose the documents which I have requested.

 

additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary

 

Please confirm by no later than 4pm on XXXXXXX that you will comply with my request or if you will not comply, please provide your reasons in writing

 

I am amazed that compliance for a major company cannot understand a data subject access request and a consumer credit agreement request with a request made under civil procedure rules.

If you are unable to understand this request may I sugest you pass this request to you legal department.

 

Regards

 

XXXXXXXXXX

 

 

 

 

with this send a copy of the last letter and a copy of there reply

 

cretins

Edited January 11, 2010 by postggj

[Gram1]

Brilliant!

 

They didnt include ppi on my loan i take it i should take out Point 2?

Anything else i need to amned because of this?

[postggj]

yep take it out

 

thats a template put together just for welcome

 

as long as you had no other micky mouse insurance, be it gap, mechanical break down, nuclear fall out

 

just deleate that bit

[Gram1]

ok cool. thanks.

 

So what happens if we then receive what we are lookign for, OR

 

what happens if we dont?

[postggj]

well thats last chance saloon

 

if they ignore/refuse or dont reply we get an enforcement order from the court

 

i believe it cost about eighty quid but you will get it back in costs

 

you need to give them 21 days to comply

 

send recorded

[Gram1]

and what once we get that? just learning as i go here, its an education!