Welcome Finance Full & Final Settlement

[Fester Tester]

People - dont mess around.

 

If these idiots at the sc*m are not listening to your SAR requests, apply to the court.

 

All the letters in the world wont move it forward like a judge will.

 

You cannot realistically expect to take WFS to court for non compliance of a SAR. Judgey will wonder why you didn't initially raise a complaint with the ICO.

[emanevs]

beg to differ...

 

why not?

 

Lets just sit back then and accept these bullies, once again dictating to us humble customers that they will do what and when they like.

 

13 Compensation for failure to comply with certain requirements

(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a) the individual also suffers damage by reason of the contravention, or

(b) the contravention relates to the processing of personal data for the special purposes.

(3) In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

 

Me thinks your wrong Fester..... sorry for that.

[ozzywizard]

Im with Em on this one, defo send an LBA and if no resolution in the 14 days it is court, although i do agree it should also be logged with the information commisioners office. This is a very serious offense.

[Billy goat gruff]

Hi Folks,

 

I have received a `Final Response` letter today and have posted it up below. No proper statement so presumably they deem the statements provided with the SAR were correct? I have been a customer for 12 months - Jan 2009 does this make a difference to the type of statement provided/held? How strong is the case? I have already posted up the agreement. Would be grateful for any advice on what to do next please? Interesting the letter posted up says they have deleted my telephone contact details and yet I had a call last night and another one at 1300hrs today.

 

http://i815.photobucket.com/albums/zz76/ugbugdug/img012.jpg

 

http://i815.photobucket.com/albums/zz76/ugbugdug/img013.jpg

[Billy goat gruff]

Have just been hunting thru some paperwork and came across the attached is this the `proper` statement? Think we received this sometime in December and if it is why didnt they include it in the SAR? Really would appreciate some ones time and trouble in having a look at this and whether there is a strong enough case to proceed with this.

 

 

http://i815.photobucket.com/albums/zz76/ugbugdug/img014.jpg

[emanevs]

BINGO!

 

Just what you needed.

 

Look at the total amount of credit, and the interest rate.

 

Thank you welscum!

[Fester Tester]

beg to differ...

 

why not?

 

Lets just sit back then and accept these bullies, once again dictating to us humble customers that they will do what and when they like.

 

13 Compensation for failure to comply with certain requirements

(1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a) the individual also suffers damage by reason of the contravention, or

(b) the contravention relates to the processing of personal data for the special purposes.

(3) In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

 

Me thinks your wrong Fester..... sorry for that.

 

OK, if you say so. Court should be a course of last resort. But that's just MVHO of course.

 

Just quote the above to the judge when he asks you what you did to resolve the issue. I'm sure he'll be impressed with your grit and determination.

[Billy goat gruff]

emanevs,

 

So there are 2 different rates of interest quoted - 21.60% on the statement and 27.70% on the agreement and also the add ons of the brokers fee and acceptance fee? Is that right and if so what do I need to do now and what letters/action needs to happen?

[postggj]

give me half hour on this

 

going over everything

[postggj]

lets decode this

 

£15000 over 12 years at an apr of 27.1%

thats

 

monthly payment £320.82

interest £31198.34

total payable £46198.34

 

acceptance fee £235

broker fee £1500

 

no insurance

 

so its £15000 loan

interest £31198.34

acceptance fee £235

broker fee £1500

 

total payable £47933.34

 

devide by 144 months gives a monthly payment of £332.87

 

 

welcomes figures of a monthly payment of £325.22 over 144 months gives a total figure of £46831.68

 

you will be short of £1101.66

 

amount of credit has been mis=stated:D

 

poor welcome:lol:

[Billy goat gruff]

Postggj thanks so much for taking an interest and for your time on this so what happens now? What do I need to do and by what you have said looks as tho there is a case to answer?

[postggj]

in my opinion the amount of credit has been mis-stated

different apr than whats stated on the agreement

 

thats just for starters

 

agreement unenforceable

 

you need to put in a dispute on those facts

[Billy goat gruff]

Is there a template letter to put the account into dispute? who does the letter need to be sent to and whats the process for this now?

Sorry for all the questions. Post - thanks again for getting on the case.

[Billy goat gruff]

bump

[postggj]

You Are Now Number Three On My Letters

 

Ill Do It This Weekend

 

Send Me A Pm If I Forget

[Billy goat gruff]

very many thanks Post really appreciate your assistance

[Billy goat gruff]

Hi postggj,

Just wondered if you have had chance to do that letter yet?

 

I had another call from them yesterday morning at 10.45am despite the Final Response letter saying they had deleted my phone number off their database. It was quite farcical really asked me to confirm my password I refused thus conversation terminated.

[ozzywizard]

Thats same as what happened to me Billy, they said they removed my number of their database but then a few weeks after the calls start again lol.

[postggj]

Ozzy

 

Give A Link To My Letter

[Billy goat gruff]

bump

[postggj]

THIS IS PART OF THE LETTER I DID FOR OZZY

 

Welcome financial services

Compliance

Ruddington fields Business Park

Ruddington

Nottingham

Ng11 6nz

 

Date xxxx

 

Agreement number

 

Formal complaint as to your complaints procedure

 

Dear sir/madam

 

I am writing to you in regards to your continued reluctance to reply to my letters of dispute.

Be advised, if you fail to respond to this letter with in fourteen days of receipt a copy of this letter will be sent to the an style=\'float:right\'a style=\'padding-left:20px;text-align:right;font-size:80%;\' href=\'http://www.autolinker.com?ref=www.consumeractiongroup.co.uk\'AutoLinks by http://www.autolinker.com/a/span/div', BGCOLOR, '#63DD78', BORDERCOLOR, '#C9678E', BORDERWIDTH, '1', WIDTH, '-500', TITLE, 'The Financial Ombudsman Service', SHADOW, '1',FOLLOWMOUSE, 0, OPACITY, '95', FADEIN, '300', FADEOUT, '300', CLICKCLOSE, true,FOLLOWSCROLL, true,CLOSEBTN, true, PADDING, 0)" style="color: rgb(0, 0, 0); background: none repeat scroll 0% 0% rgb(255, 255, 255); font-family: Gill Sans; font-weight: bold; font-style: normal; text-decoration: underline; text-transform: none; font-size: 105%;">Financial ombudsman, information commissionaire and the office of fair trading.

 

As you are aware on zz/zz/zzzz I sent you a formal request under s.77 to s.79 of the consumer credit act for a copy of my agreement.

 

Welcome financial services have failed in this request so a status of default exists.

You have been informed of this and informed that while this dispute continues

 

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

With my letter of dispute welcome financial services was sent a telephone harassment letter to cease telephoning myself at home and work, and all future communications be done in writing.

 

Welcome financial services confirmed my telephone contact numbers will be removed on the 21/01/2010.

Copy enclosed

 

Can you tell me please why I am still receiving telephone calls on both my land line and mobile with constant messages being left, on a daily basis?

 

I now feel that welcome finance has committed offences under section 40 of the administration of justice act 1970 and the protection from harassment act 1997.

 

I believe you are also in breach of the communications act (2003) s.127

[postggj]

Excuse The Fonts

 

Just Ammend To Suit With Dates

[postggj]

Its Post 214 On Ozzy Thread

[Billy goat gruff]

postggj,

Thank you very much for your help this looks excellent and should set the hares running. Do I need to mention the credit that has been mis stated?

I will send the letter tomorrow recorded presumably I shouldnt sign it just print name?

[postggj]

Have A Look At What I Posted On Ozzy Thread

 

That Letter Above Deals With The Harrasment

 

The Credit Mis-stated Can Be Added In

 

You Need To Start Understanding Your Dispute,

 

Ill Let You Do A Few Paragraphs And I Will Ammend And Advise To Go With It

 

Sooner You Get Started The More You Will Learn