(Alleged) fraud

[leanne82duke]

ok long winded sorry!

the loan i took out was in july 2003, i paid for a few months moved house and did not pay them again until appx 06/04, i then started to pay them again £40 per month until appx arch 2007 at which point they stopped taking the direct debits from my bank account.

i presumed i had paid it off.

appx a month or two later i started getting letters from lewis debt recovery stating that i still owed a large sum of money appx £1600, being naieve and knowing that the loan had a huge apr on it i set up another direct debit and continued to pay them.

 

roll on nov 2009 after looking at various forums and learning about enenforcibility i sent a letter to lewis debt recovery requesting the cca etc

 

what i recieved was a personal loan agreement but....

 

personal details of the customer stated my maiden name. i married in april 2004 three months before this so called loan agreement was written up?

 

it was dated 10/07/2004 a whole year after i took the loan out.

 

it had a signature on it that was not mine.

the amount on the loan was for £2000,

 

the loan i took out in 2003 was for appx £900.

 

looking on my credit report there are 2 entrys for welcome finance first one ended and second one started on the same day.

 

so looking into it i have no knowledge of this loan only the one i applied for in 2003.

had i not been so stupid i would have realised this earlier.

 

to date i have paid £2936 to welcome finance and lewis debt recovery.

 

so how do i get my own back on them? [EDIT]

Edited January 22, 2010 by Rooster-UK
Language.

[ozzywizard]

Welcome to the forum Leanne, your first move has to be a SAR so you have all the information available (put both account numbers). Also can you post for us the copies of your agreements, you need to remove your personnel info.

 

WELCOME FINANCIAL SERVICE

COMPLIANCE

RUDDINGTON FIELD BUSINESS PARK

RUDDINGTON

NOTTINGHAM

NG11 6NZ

 

REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIEVERY

 

Never sign but print signature.

 

 

[your address]

 

 

 

[their address]

 

 

[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 Data Protection Act 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,

 

 

[signature]

 

 

[name]

[leanne82duke]

hi hun i only have the cca they sent yesterday the one dated 10/07/2004 the rest of the info i got from my credit report x so i only have that ac number

[leanne82duke]

[leanne82duke]

did that work? on the school run back soon

[leanne82duke]

[comebackjimmy]

Hi

 

Just a small technical detail. Is the DD still in place? if it is it might be wise to cancel it.

[leanne82duke]

no i cancelled the direct debit back in november when they originally could not provide me with the cca i hae not paid them since.

[ozzywizard]

This agreement is a wrewrite from previous loan, you need the other agreement also frrom orriginal loan. As this is a rewrite the accceptance fee is wrong but I would like somone else to double check this first. You should get other agreement when SAR is received.

[leanne82duke]

sorry but what is a rewrite?

will send te sar off tomorrow though x

[ozzywizard]

It appears you had a loan that for some reason you signed a new loan on 10/07/2004 to pay the old loan. this is called a rewrite. Do you remember doing this ?

[jamesf104]

you need to get hold of the original 1973 loan document as you say the one shown is not yours. I guess the layout will be similar as all those at that time did not conform to the regs of CC1974 i.e no total cost of credit, no total payable, total number of payments estimated, all prescribed terms of CCA1974 are missing making the agreement unenforcible. See what the subject access request gives you and let us know. Something very fishy going on, but of course its Welcome so no surprise there. Sounds like you've paid enough for a 900 quid loan!

[leanne82duke]

I definateley did not sign another loan i was in hospital that day very nearly due to give birth to my son! i remember the day well! lol

not mine and not my sig x

[IainHL]

Well as ozzywizard says, it would appear that someone within the local branch at Welcome has been creative and constructed a re-write in your name in 07/2004.

 

I leave you to conjecture as to why they would do this...

[leanne82duke]

i think thats any bodies guess?

have posts been removed from this thread?

i also see the title has been changed!? lol

[ozzywizard]

Yeah as it is not yet proven fraud you are leaving the forum open to possible legal implications by posting that welcome have "frauded you" so to protect the forum and its owners and even yourself this thread has been edited. Fraud is a very strong allegation, to ask if a company is at fault is one thing but to post a company has "frauded" without just cause or exact proof in a court of law is another.

[leanne82duke]

ahh gotcha, fair point

[ozzywizard]

Let us know what comes back when you send the SAR.

[pears23]

This agreement is a wrewrite from previous loan, you need the other agreement also frrom orriginal loan. As this is a rewrite the accceptance fee is wrong but I would like somone else to double check this first. You should get other agreement when SAR is received.

 

 

Does this suggest then that if you re-write a loan you should NOT have another acceptance fee applied? Could someone clarify please

 

thanks

[mark1arby]

you need to get hold of the original 1973 loan document as you say the one shown is not yours. I guess the layout will be similar as all those at that time did not conform to the regs of CC1974 i.e no total cost of credit, no total payable, total number of payments estimated, all prescribed terms of CCA1974 are missing making the agreement unenforcible. See what the subject access request gives you and let us know. Something very fishy going on, but of course its Welcome so no surprise there. Sounds like you've paid enough for a 900 quid loan!

 

Sorry To Butt In Leanne! I Have Question To Ask Jamesf104 That May Be Relevant To All Of Us!!!8)

 

James, This Is The Second Time I Have Seen You Mention In Threads "Estimated Number Of Payments "!

 

Welscum Seem To Add An Extra Month To A Hell Of A Lot Of Contracts!!!

 

Information Kept By Credit Reference Agencies IE: 48 Months On Contract, But 49 Months With Credit Reference Agencies!!!:-?

 

Is This Allowed ? Is This What You Mean By Estimated Total Number Of Payments???:?

 

Cheers, MARK

[postggj]

ime very woried over this agreement

a £2000 LOAN OVER 60 MONTHS, THATS FIVE YEARS

 

THEY HAVE TO HAVE THE AMOUNT OF REPAYMENTS

ITS A PERSCRIBED TERM

SAYING ESTIMATED IS NOT GOOD ENOUGH

 

1 % PER MONTH RATE OF INTEREST DOES NOT EQUATE TO AN APR OF 14.6 %

 

DID YOU MAKE PAYMENTS BY DD PRIOR 10/07/2004

[mark1arby]

ime very woried over this agreement

a £2000 LOAN OVER 60 MONTHS, THATS FIVE YEARS

 

THEY HAVE TO HAVE THE AMOUNT OF REPAYMENTS

ITS A PERSCRIBED TERM

SAYING ESTIMATED IS NOT GOOD ENOUGH

 

1 % PER MONTH RATE OF INTEREST DOES NOT EQUATE TO AN APR OF 14.6 %

 

DID YOU MAKE PAYMENTS BY DD PRIOR 10/07/2004

 

AHH!!! Just Read Leannes Credit Agreement!!! The Question Of What Is Meant By " Estimated Number Of Payments " Is Answered!!!

 

Is It Only Personal Loans Where The Length Of The Contract Is " Estimated "???

 

Why Do They Add This Extra Month On When Recording Agreements With CRA`s???

 

 

Cheers, MARK

[postggj]

under the cca, you cant have estimated, agreement is crap, prescribed term

 

the reason welcome add the extra month is it makes the books look healthy to share holders and investors

 

this was one of the things that finished welcome

 

creative acounting

 

thats all

[mark1arby]

Thank you Post!!! Succinct And Very Helpful As Usual!!!

 

Cheers, MARK

[leanne82duke]

ime very woried over this agreement

a £2000 LOAN OVER 60 MONTHS, THATS FIVE YEARS

 

THEY HAVE TO HAVE THE AMOUNT OF REPAYMENTS

ITS A PERSCRIBED TERM

SAYING ESTIMATED IS NOT GOOD ENOUGH

 

1 % PER MONTH RATE OF INTEREST DOES NOT EQUATE TO AN APR OF 14.6 %

 

DID YOU MAKE PAYMENTS BY DD PRIOR 10/07/2004

 

yep have paid every thing by direct debit.

 

will post the sar request on monday now i have some ink for my printer.