Need Advice on Welcome Finance!

[chez60]

Hello

 

I am new to this post but I would love some template advice etc to send to welcome as I have been paying a reduced amount since mar 2009 of £89 instead of £300 per month as this is all I can afford as my personal life change .....

 

I have paid this every month by Standing order but now I am receiving letters and phone call saying I am in arrears ! I told them I can not pay anymore then I am doing and have sent them a expenditure sheet of all my payments a month I have not heard back from them since I sent it just before chrismas and now I have receive a letter of legal proceedings...

 

I have rang them on new years eve and ended up hitting my head on a wall because all they can say is get in to a debt payment plan but as I said I have been paying them as much as I can and it was arrange earlier in 2009 to be able to pay this with them !

 

so I need help with a letter to tell them the same as I have told them so I can see the debt come down not going up as it is !

 

sorry but I am a bit of a novice with this because all the other debts I have I was able to come to a arrangment

 

Happy New Year

 

and thank you for any help I will receive for this

[beyondhope]

I 'think' (i may be wrong) but you can ask for interest to be frozen on the account which would mean the amount you are paying would come off the balance rather than make a very small hole in the interest im not 100% how you would go about this but im sure someone will be along with some advice asap. Have you checked this loan is enforcable? may be worth it to CCA and SAR them and let the masterminds here have a look, you never know you may be lucky and find it isnt enforceable after all just like most other peoples Happy New Year and Welcome to CAG

[chez60]

Thank You for replying to me

 

Can you explain what "CCA and SAR " means please

 

as I said I'm a bit of a novice to this

[beyondhope]

no worries we all have to start somewhere

 

CCA - is a request for a true copy of your agreement (i.e signed by you)

 

SAR - is a request for ALL information they hold on you and any accounts they have related to you

 

There are template letters for these (ill find them and post them now)

 

CCA cost £1

SAR cost £10

 

and i think most people would agree they are well worth the money for the information you find out

[beyondhope]

SUBJECT ACCESS REQUEST (dont forget the £10!!)

 

RE: ACCOUNT NUMBER: xxxxxxx

 

Data Protection Act 1998

 

Subject Access Request

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[beyondhope]

and of course this one (send this first with the £1 postal order)

 

Re: Account Number: xxxxxxxxxxxx

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreements relating to the above accounts, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

[beyondhope]

NEVER sign a letter always print and always send anything to them recorded delivery so you have proof it was received

 

Send to compliance department at

 

welcome financial services

ruddington fields business park

ruddington

nottingham

ng11 6nz

 

they have 14 days to send you the cca and 40 days for the sar (although my sar was much quicker)

 

hope that helps

[mark1arby]

Beyondhope. I was thinking that post might need an Apprentice to train up to his level of insight against these ****.

 

Any volunteers? lol;)

[beyondhope]

I tell ya what Mark id make it my lifes work to bring these scumbags down IF i had the knowledge required lol How cool would it be to be Post's apprentice tho!!

[mark1arby]

Cool!!! I would (hold onto your cuppa) *HEW HIS, (you know what) to be given the chance. LMFAO:eek:

[beyondhope]

hahahaha im acually LOL here my kids think ive lost the plot laughing at a laptop screen I duno if id go that far I think maybe Mr BeyondHope would have something to say about that

 

There seems to be a few guests very interested in this thread today

[ozzywizard]

Train you will> may the force be with you !!!!

[beyondhope]

Chez60 i forgot to ask - you mention phone calls are these harrassing and often? If so there is also a template letter which means welcome are only to contact in writing....again recorded delivery and dont sign (all 3 letters can be sent in 1 envelope to keep costs down )

 

here is it

 

Your Street

Town

City

Postcode

 

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

.

[postggj]

on post 6

replace the first sentance with

 

 

This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974.

 

i have my own special sar just for welcome so send this instead of the sar on post 5

 

 

 

 

Welcome financial services

Compliance

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

[DATE]

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

PRINT NAME

[name]

 

 

 

they have no get out then, be it a loan or hp

[beyondhope]

Thanks for correcting me post im quite impressed i mainly got it right

[mark1arby]

hahahaha im acually LOL here my kids think ive lost the plot laughing at a laptop screen I duno if id go that far I think maybe Mr BeyondHope would have something to say about that

 

There seems to be a few guests very interested in this thread today

 

Well chez must be wondering just what he has blundered into.

 

To explain to him & the guests. It`s just an Old Sailors Banter (HONEST). This is The Welscum Forum, not The Kylie Minogue Website. LOL:roll:

 

Great Advice Given though Beyond. Well Done. Some of the Great and The Good are always in the background, so if we give that sort of advice we will not be far wrong.

 

I could never give advice on Figures or how the Law would relate though.

 

I will take you up on the offer soon ( Whoops Sorry Mr Beyhond, that`s the Offer to Take Me through PhotoSucket) LMAO. :cool:

 

Cheers, MARK

[beyondhope]

LOL @ Kylie Minogue

 

Ty Mark I do try and no i wouldnt even dream of advising on figures and the like.

 

Whenever you are ready Mark - tis easy when you know how

[mark1arby]

I`ve managed it successfully on a few occasions. The problems appear when I don`t know what has gone wrong. lol.

 

Some times the document I need to edit is massive when I use Paint. I worked out my self that this is down to the amount of pixels used when scanning. Oh YES i`m using the Jargon now, cracked it. Obviously I know what I`m doing then (NOT).

 

When it comes to Photosucket though. I can Upload ( good Word eh?) several docs in the order I want, but then they appear in totally the wrong order. Why?

 

Sorry beyhond got to dissappear till this evening . I will set up the scanner and PM you if you don`t mind? Give me a time that is convenient and I will gladly pick your brains. Thank You. If you have the time I would really appreciate it.

 

Cheers, MARK:D

[beyondhope]

ooo u may even have me beat hehe no worries i should be about all evening once the squidlettes in bed so just gimme a pm when u ready

[chez60]

Thank You to everyone on here who has come back to me ....

 

I can't believe it

[mark1arby]

We ALL have an interest in your problems. Some thing that is discovered in relation to your problems with these **** may just be the ONE thing we ALL need to be FREE of them for EVER.

 

So GO FOR IT CHEZ60. Good Luck and Wishes for a Very Successful 2010.

 

Cheers, MARK

[chez60]

To Think I tried to do this all on my own last year I will learn !

 

I hope it will be a successful 2010 Mark Thank you !

[beyondhope]

Thank You to everyone on here who has come back to me ....

 

I can't believe it

 

 

Most welcome we are here to help and as Mark rightly said we all have an interest

 

Good luck

 

Soon as your agreement comes back post it on here (minus name address account number) so our masterminds can have a look at it and see if there are any major problems

[chez60]

Hi

 

Just want to update everyone who help last time on Welcome Finance !!!

 

I spoke to them about reducing my intrest rate so I can still pay them the reduce payment of £90 a month which I have in place, which they have now done but not told me they have !!

 

still received a default notice again this week !!! again phoned them just now and spoke to a human !!!!! which is a surprise ! and he even agreed that he can see I am trying to reduce the total every month I owe and he has put a note on the system ref the letters etc ..

 

so keep fingers crossed !!!

 

I have not asked for agreement papers etc like you all adviced as very short of moey at moment but have taken everythiing you told me on board

 

Chez:grin: