Welcome finance, help please!

[Mummy 3]

Hi, this is my first post on the forum so sorry if it's in the wrong place. I am trying to find my way around!

 

My partner took out a loan of £5000 in november 2007 through british gas to pay for our gas central heating. It was put through welcome finance, THE WOST THING HE EVER AGREED TO. Welcome finance are making our lives a misery and have my partners bank card details and have taken money from his account last month without his say so. The loan was was for £5000 exactly and yesterday he got in a statment from them saying he still owes £6200! After paying it for 2 years. He did a few payments last year but the payed more the following payments to make up for it, but with all their charges for home visits and phonecalls its still in arrears. The monthly payments are £103 and every months they are adding on capitalisation of £106 so i work out that this debt will NEVER be paid off and really i a at my wits end with them. They call non stop and come t our door all the time and give me abuse (the loan is not mine). The woman that came last time said i was a big fat B**** and told me to go get a job! My partner lost his job a few months ago, i am about to start work again after being on maternity leave but we can't afford to be ripped off by these people and me and my my partner are geting very stressed with the harrasment they cause us, they were even shouting outside our house!

 

Please help. Thanks.

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[ozzywizard]

Mummy, dont worry about posting in the wrong section we all been there lol, good thing is your on thr right forum to get help on this.

I just got in from work so will have a proper read of this thread later but I promise you by the morning you will have some good letters to send to erlcome, its time to start fighting back and spending your hard earned money on the new addition to your family (congrats btw) .

 

do you have a copy of your agreement, are you in arrears and if so by how much and what stage are you at with welcome . . .

 

Is the loan secured on property or a vehicle ?

 

If they come to your property again phone the police, I will e doing you a good letter to ensure this doesnt happen again, they have no rights to phone you or come to your house. . . this has and will stop . . . okies I be online in a few hours and we will put the world to rights. .

[Mummy 3]

Thanks Scott for moving my thread to the right place.

 

Ozzywizard, thanks muchly for your help! The loan is not in my name, just my partners. I own my house with a mortgage (not joint with my partner as i bought my house before i met him). But i am scared they try and get money from my house sale as i have just puit it on the market! Can they do that? The loan is not secured on out home or car. The statemnt that my partner recieved yesterday says:

 

Balance (excluding default sumsand default interest) £6015.47

Default sums* £180.00

Defaults sums interest £22.37

Arrears £705.22

 

and then the closing balance is £6217.845!!!!!!

 

I really can't see a way out of this, their charges are ridiculous, thy seem to charge us for being alive!

[ozzywizard]

Okies Mummy, first thing I want to assure you is that your house is safe, it is an unsecured loan so they have no rights at all apart from to enforce their debt which is a long way off any serious collections. all they are going to do is bully and intimadate, so not its time for the bullied to bully back. . .

 

Ok, first we need to check if the loan is enforceable we will know this within 14 days of sending thr CCA letter, as soon as received post it on here for us to have a look at and we can check it is all lawfull and has the required information on it etc. delete your personel details first, if they fail to send agreement we will advise you further then but the account will be in dispute so not enforceable for the time in dispute.

 

Next I am concerned about the harrasment you have had to suffer so send my harrasment letter that covers both phone and doorstep harrasment, if they come to your door then phone the police and if they phone do not engage conversation with them.

 

If you have a spare 10 pounds send the SAR also, this is a data protection request for all the information they hold on you inc your call logs and notes on your account etc.

 

We have 14 days for the CCA and if all in order we can work together to setup a payment plan but I get the feeling that there will be a dispute raised.

 

Subject Access Request

 

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]

 

CCA

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974.. I require you to provide me with a true copy of the credit agreement relating to the above account, 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.

 

Yours faithfully

 

 

print your name (not sign) and enclose a one pound postal order, send it to head office (RECORDED DELIVERY) at :

 

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

...........................................

 

 

PHONE HARRASSMENT

 

DATE HERE

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

Re: Harassment by telephone and doorstep visits.

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

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.

 

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.

 

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

It is unfortunate that I feel forced to send this letter due to the attitudes and continued missconduct from your employees that have previously visited me at the above adress and have treated my family and myself with abusive behaviour, this will not be tolerated and will be reactivly dealt with by imediete contact of the police to enforce the law.

 

Yours faithfully,

 

 

 

[NAME HERE]

......................... ......................... .......

[Mummy 3]

Thank you so very much for you help Ozzywizard, you are a star!

 

One thing that concerns me about the letter to them, is that my partner nor myself would be willing to go to the local branch to pick anything up! They are such a bunch of bullies. Also our printer and scanner is not working just now , can we write this letter in our handwriting or does it have to be printed?

 

We will definatley take your advice and send the letters though, even if it means going to the library to print things out. They honestly are making our lives a misery and i would LOVE to bully them back.

 

Thanks again.

[ozzywizard]

You will not have to go to the branch, it is a legal requirement you offer to do this but it to my knowledge has never been exercised.

Also you can hand write it but it would be heaps easier for you to go to library or a local shop, friend family etc.

[Mummy 3]

Thanks for that. I wouldn't ask family etc to print that out for me as thy are extra nosy and i don't like them knowing our buisness, especially as its my partners loan. I may write it of i have time, i actually enjoy writing letters if and when i have time, but thats not often with 3 small children! See it mentions mortgage indeminty insurance in the letter is that a standard thing to write for a loan like this? Sorry for being a pain, i just don't understand these things but hopefully will lots better soon!

[selinajayne]

maybe you should get hubby to cancel his bank card too and apply for a new one then they wont be able to take any more money out

[ozzywizard]

No, as yours is not a secured loan you can miss that full sentance out. sorry.

[Mummy 3]

Selina, he went to the bank the other day and took all his money out of his account and then went in and told the bank he had lost his card (a little white lie!) so they cancelled it and he got a new card today. He said he will NEVER give welcome finance his details again. I know they will be at our door on monday as they rang on friday and said they would be on friday but never came. I find it so embarrasing as we live in a small village on the main street . Even if we don't answer our yound son runs to he door and they know we are in and thy won't go!

[Mummy 3]

Ozzywizard, sorry to ask more questions! See whenwe send off these letters can we send them all together or are they better to be seperate? Also we are in Scotland does that make any difference to anything, i know sometimes laws etc. can differ. Thanks again.

[ozzywizard]

Pay them by standing order check this thread as im preparing a letter should be ready tomorrow.

[Mummy 3]

Pay them by standing order check this thread as im preparing a letter should be ready tomorrow.

 

It has come to the stage i find little point in paying them anything anymore! We are struggling so much already. The capitalisation (whatever that is??!!) they are adding to my other halfs loan every month is more than the payment due.

[ozzywizard]

This is interest, lets await your agreement from them and we will check what is going on with you.

[Mummy 3]

Ozzy, sorry to bother you again but i was just writing the letters for welcome and in the last one about telephone harrasment and doorstep visits there isa piece on english law, i am in scotland so would the law be different here? Also do i send these letters in seperate envelopes? Also do i make the PO's out to welcome financial services?

 

Thanks again.

[maroondevo52]

Hi,

 

This is the Scottish version of the Doorstep letter.............

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

 

There is only an implied license under Scots Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you attempt to send such a collector to my home, you will also be reported for harassment and I shall seek damages for a delict of trespass. You would also be liable for conspiring in a delict of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an interdict from the Court to prevent you carrying out your threat.

 

Yours faithfully,

 

 

I'm sure the one envelope will do, I left my PO's blank but don't think it matters a lot.

 

Regards.

 

Scott.

[Mummy 3]

Thanks for that Scott. Its complicated when laws are different, i should have said at the start i was in Scotland! You lot are all so helpful and i'm glad i found the forum :). Thanks.

[ozzywizard]

Your very welcome Mummy, hopefully in a short time you will be able to advise others on here, we all started from the beginning.

[Mummy 3]

Today i posted off the letters to welcome finance by recorded delivery. I photocopied and kept copies for our reference. I got the PO's made out to welcome financial services and crossed, is that the right thing i've done?

 

One thing i have learnt from this forum so far is not to throw away paperwork, i wish i had kept paperwork from credit i had in the past now to see if i could make any claims!

[ozzywizard]

Exelelent work Mummy, yuppers now you sit back and wait. when reply is received post it up here on your thread (or the 19th March ) whichever is the soonest.

[Mummy 3]

Ozzy, how many days to they have to respond to each of the letters and what happens in the case that they don't reply?.

 

My partner has went away this morning for a couple of days and h text to tell me they have been calling him with the threat of home visit. He is scared they visit as he i not at home to protect me and the kids, and is saying should he make a payment plan with them . He made no payment last month as we simply don't have the money! With having a 3 year old it hard to 'hide' from them if they come to the door as he makes a noise and gets excited thinking its someone nice coming to visit! I have said i won't answer the door but i know if they come the will stand at the door for ages and then sit outside my house:oops: .

[mum*]

Hi, This is my first post on the forum. I'm single mum with a little girl. I really need some help with Welcome Finance secured loan. I took out a loan of 15000 pounds on November 2008. Every month I had made a payment of 313.88 pounds, and never mist a payment. But my financial circumstances have changed dramaticlly few months ago, so I asked WF to change the payment amount to 100 pounds per months.WF have agreed to do that for two months. My balance now still is 16828.28 pounds after paying for more then 1 year. Now in April they expect me to start paying full monthly payment and clearing the arrears. I'm selfemployed and my finances are still in bad shape, I can't afford to pay. I'm so worried I might loose my house.Can anyone advice me how to deal with Welcome Finance in this situation.Thanks in advance for your time and consideration.

[beyondhope]

Mum* click here scroll to new thread and start your own thread there will be plenty of people to offer you advice there and it will be easier to follow

[beyondhope]

Mummy 3 if you feel at all intimidated when they are at the door, call the police you should ever feel intimidated in your own home!