Welcome moved the goalposts

[slimblondeuk]

PLEASE SOMEONE ANSWER....HELLLLP! Its been about a week since monkey came and went, my question is, will they obtain a court order and what happens if they do, do i go "tadaaa" with my agreement or what. Will they been even be bothered to get a court order, I'm scared i haven't heard anything from them for a couple of weeks, i feel like their hiding round the corner ready to go "BOO"!, me nerves cant take it. Anybody know anything about these court order things, and if it means not having postggji writing me a letter too that would be great because i know he's busy. xxxx

[djwigster]

Hi, don't panic, we're still with you!

 

Couple of questions first of all:

 

Did you get the names/numbers of the police who attended? (Just in case the monkey tries coming back again without a court order)

 

Have you paid over a third of the agreement? (sorry if you've already answered this one).

 

I'll be honest and say that Ive no idea about what's involved for Welcome getting a court order. Hopefully somebody with a bit of knowledge on that side will be able to put us in the picture.

 

Having said that, you seem to have a dodgy agreement and they are trying to terminate on a "toilet roll" DN, so Im sure that's good news.

 

Looking back through your thread I see you are waiting for the letter from Postggj to put your account in dispute. Unfortunately he doesn't seem to have, errm "Posted" for a while (pardon the pun), so he might be struggling to log on or something.

 

In the meantime, I think it's important to get an official letter sent to compliance in Nottingham to get the ball rolling in the unlikely event someone else comes knocking at your door. Here's a few threads with examples of one's Postggj has done in the past, which will give you a start point:

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/230291-welscum-5.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/235619-welcome-need-help-3.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/231525-help-welcome-finance-2.html

 

 

I don't think you need to put too much for now, just keep it straight-forward and simple, but make it clear that you are putting the account into official dispute. Also, I wouldn't mention the dodgy DN for now...keep that one up your sleeve until one of the more knowledgable ones can advise further.

 

When you've got your rough draft post it up for people to check before sending.

 

 

Anyone else got any further advice?

 

Good luck

Edited February 3, 2010 by djwigster
links added

[slimblondeuk]

hi djwigster, thank you for answering my cry! I did get the names of the police,and no I have not paid a third of the agreement, thats what i'm worried about. The letter you put up were helpful but i really don't have te foggiest where to start shall i just copy postggi post about the figures, i dont have a clue sorry.

[beyondhope]

Hi Slim just bumping for you I noticed that it was around 10days between your termination letter and attempted repo so watch for my story soon lets hope I get a nice officer of the law Seeing a solicitor monday morn so hopefully will get abit of help from there ill be sure to post everything I find out on my thread

[slimblondeuk]

Good luck beyondhope! Wonderin if I should consult a solicitor, costly business though.

[slimblondeuk]

Still cant sleep, worrying myself stupid about this, shall i just write in the letter: i'm putting the account into dispute heres my agreement number? Sorry to ask again, but just a bit scared, husband moved out yesterday so i'm going to have to handle this by myself, and my 12 year old keeps looking out of the window to see if the 'baliff' is coming back. I just want to cry.

[beyondhope]

Good luck beyondhope! Wonderin if I should consult a solicitor, costly business though.

 

 

Thanks Slim Im only going for a free 20min consultation as an initial look through see what stage Im at and what I can do next sort of thing. Apparently they take legal aid cases but on reading legal aid website you cant use through small claims so im not sure. Theres no way im in a position to see this through with a solicitor without legal aid though.

 

Still cant sleep, worrying myself stupid about this, shall i just write in the letter: i'm putting the account into dispute heres my agreement number? Sorry to ask again, but just a bit scared, husband moved out yesterday so i'm going to have to handle this by myself, and my 12 year old keeps looking out of the window to see if the 'baliff' is coming back. I just want to cry.

 

Try not to get too stressed by it all Im sorry to hear about your husband and dont worry about your 12 year old kids are very resilient creatures. I dont know what to suggest other than having a ring round for a free consultation with a solicitor alot do offer the initial chat free and theres no obligation to stay with them

[slimblondeuk]

Thanks for your words of support beyond, all i want is help with this letter.

[slimblondeuk]

HELP! heres my letter, if someone could peruse it i would be very grateful then i can get it sent off. Thanks in advance.

 

 

 

Welcome Financial Services

Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6N3

 

Date

 

Agreement Number

 

Dear Sirs

 

After going over my agreement to modify my hire purchase agreement, I feel it necessary to ask some questions as to the validity of said agreement. I wil try and simplify things to expedite this matter.

 

 

The option fee has been classed as a charge for credit :£1.00 (u)

 

Charge credit for goods: S+T+U = £2,974.98 (v)

 

It has then been carried over to Total Charge for Credit: V+W = £3,203.78 (x)

 

This option fee needs to be added either on the first or last payment of the agreement. As it has been included in the total charge for credit, I therefore question the validity of said agreement. Explanations of this matter would be welcomed forthwith.

 

Regards

 

 

 

How does that sound people, some feedback would be great.

[beyondhope]

Sounds ok to me although id probably put a timescale such as 14 days rather than forthwith

 

is the account in dispute already?

[slimblondeuk]

thanks i shall put 14 days, and no this is my first letter to them, I don't have a clue, I just took one which a kindly cagger gave me an example of postggi.....is this the right letter to send for the first one???

[beyondhope]

Have you done a CCA and SAR? if not do those as well

[slimblondeuk]

I don't know what that is, do i do that in another letter and to i give them a time frame, what do i ask for?

[beyondhope]

two ticks ill post them for you now

 

the cca request needs a £1 postal order

the sar needs £10 postal order

both need sending recorded (in same envelope if you like) to compliance in nottingham

 

cca they have to respond within 14days

sar they have to respond within 40 days

 

NEVER sign any letters to them

 

ill be back in a tick with letters for you

[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]

Re: Account Number: xxxxxxxxxxxx

 

This letter is a formal request pursuant to s.77(1) - s79 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.

[slimblondeuk]

Thank you so much beyondhope

[slimblondeuk]

Woohooo, I have sent them off...........i wait with baited breath...muuuhahaaaa...

[slimblondeuk]

hmmm, heard nothing either written or other wise?

[ozzywizard]

Be patient slim, you have sent a cca and a sar right ? . . both done on the 10th Feb ?

 

the SAR is due in 40 days so no rush for this, the CCA request is due 2nd March so we are still within timescale.

 

you sent to compliance recorded delivery ?

[beyondhope]

Dont ya just hate it when they go all quiet on you Be patient im sure you will receive something soon

[essexboy]

hi slimblondeuk

 

it took them a year to supply my sar but it was worth the wait

 

good kuck hold tight amd dont have sleepless nights there is some great people on here that can help you

 

essexboy