Jump to content



  • Tweets

  • Posts

    • Background: I am a private seller on ebay Item:  brand new toothbrush charger with brand new travel case for the toothbrush How I got the item: these were the accessories come with my electric toothbrush (cost £50, with invoice from amazon uk) If I were to buy the charger and the travel case separately that would cost me £11.99 + £8.49 How much did I sell: £4.99 + £3.1 (postage) Total of £8.09   24 Dec 2020 - sold 27 Dec 2020 - Posted: in a Parcel shop 18 Feb Buyer opened not-received case same day, I refunded the money contacted packlink - submitted a claim of £50 Packlink replied "your parcel is likely lost.","there is a deadline for claims." (conversation attached)   (Tracking up-to-today3 Mar 2021: "07:11 - Tue 26 Jan Your parcel is at our local depot and on its way to you")   What to do now: I will contact myhermes  ----------------------------------------------- (side story) The reason about chasing such a small amount with lots of works:  10 years ago a similar incident happened to me when I shipped a sony camera worth about £500 via parcel2go with hermes, I opt-in for a signature service and the courier just dropped the parcel at the front door of the buyer (and lost). They refused to compensate me.   Today I am a mature student studying law and long term lurker in this forum, I have been reading different threads and fascinated by how knowledgeable you guys in contract law and giving out free professional opinions(pro bono?). I refuse to let these cowboys dodging their ways out of people's right and I wish I could help innocent people like your guys. The best way to similar myself with contract law is to practice them.         Packlink convo 1.pdf
    • It is America's third major spending package to deal with the impact of the coronavirus pandemic. View the full article
    • When you haven't told us very much. When was the contract made? How long does it last for? How was it made? Was it a cold call on the telephone? Was it a visit to a shop? What's the cost? How old is your elderly mother? She bothered about her credit file? Does she need a mobile phone at all? In other words issue thinking of getting rid of the facility order she simply want something else? That lot for starters
    • Hi all,   Good to be back.   Pay monthly EE sim only - taken out through a company call affordable mobiles few months back by retired elderly mother.   Unfortunately - in use through lockdown (higher call rate than typical + video calls) the signal was very very poor at home.    Distorted calls & dropped calls - continuously and consistently. Complaints from those calling us, and those we call.   I am asking for help on how to get out of this product, as for a retired person who is vulnerable - a reliable mobile service is very important.   Please advise - as I am unsure of how to proceed.   L
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Cabot - Summons / Form 04 citation - old welcome finance debt - SB'd?


Please note that this topic has not had any new posts for the last 1555 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am awaiting the outcome of a ppi refund from welcome but stupidly I went back for more.

 

I have had a couple of loan increases and/or rewrites and now find myself with an outstanding balance of around 30k.i

 

I am currently paying £375 pcm which quite frankly I cannot afford.

 

I have just missed a payment due on 31/12/09 and I just know that the phone calls from the branch manager

are going to start tomorrow threatening home visits etc. I do not have anything to pay them with this month.

 

How do I , step-by-step sort this company out? short term and long term.

 

I have already sent letters to the branch saying that I will only deal in writing

but as soon as I miss any payment that seems to negate that agreement.

 

I used to pay by debit card on the last day of the month but come the 6th or 7th they would phone me 4 or 5 times

to find out when to take the next payment.

 

I have now managed eventually to get their bank details and pay by internet banking.

 

The branch manager told at one point that I had not been given these details by head office(basically calling me a liar) HELP!!!

Link to post
Share on other sites
  • Replies 121
  • Created
  • Last Reply

Top Posters In This Topic

I would firstly send them the telephone letter (will add here) and then the cca and sar requests also to see what sort of issues arise with the agreement letters are shown on this thread :)

 

Need Advice on Welcome Finance! - The Consumer Forums

 

i also had a million calls a month when paying by card they hate not being in control of a dd :rolleyes:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

Okies first thing is not to worry, we have all been there and will help.

 

 

Second thing is to make your own thread in here which you have allready done so congratulations you are half way there.

 

 

You say you requested communication in writing and they did not listen.

 

 

now send them this ..

 

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

ACCOUNT

Dear Sir or 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.

The time spent on the phone on the 27/11/2009 to your company (manager Beth at the Leigh office) was in access of 2 hours and still no resolution on my account, I concider this to be unacceptable hence the request for written dialogue.

Yours faithfully,

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

Do you have a copy of your agreement ?

 

[NAME HERE]

 

Sorry beyond, we double posted. haha. . better too much help than none.

 

Janis, read the thread that Beyond posted as all the advise given there applies to you, any questions post here.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

Link to post
Share on other sites

hehe great minds ozzy ;)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

make sure u dont sign and send recorded :) if they call dont answer bit late once they had the letter ;)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

No, it will have no impact or interfere with your PPI claim as this is a seperate issue and not associated.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

Link to post
Share on other sites
make sure u dont sign and send recorded :) if they call dont answer bit late once they had the letter ;)

 

Whenever I never answered a call to welcome, they would come to my door, totally unacceptable I think.

 

Im in the same boat as you i didnt pay the 31st Dece Payment, so on 1st I sent them a letter enclosing two cheques both post dated one for the 5th and one for the 8th as that is when Im due funds, if they call Im just going to tell them they will have to accept it as how else do they expect me to pay today by card when Ive no funds?

 

I expect a call from them anytime soon:evil:!!!!

 

I hope you get things sorted out, totally understand how your feeling.

 

Michelle

Link to post
Share on other sites

Their is no reason you cannot send it off now, the more info you got the better your position and awareness.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

Link to post
Share on other sites

agreed ozzy :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

I have other threads current but this is an urgent request.

 

I have sent off letters regarding no phone contact and a cca request.

 

They have continued with the calls (only a week since I sent letter)

 

I replied to local office re december missed payment saying that a hhome visit

they threatened would serve no purpose but if it was necessary it would be tomorrow between 1 - 2pm.

 

message left on mobile today confirming that this would happen.

 

I dont want to talk in person.

 

What should I do?

Link to post
Share on other sites

Hi Janis,

regarding the letter you sent about no telephone contact.

Im assuming you you sent it to 'Compliance'.

As it was only a week ago you'd have to allow them time for it to filter down to the local office.

I doubt they will take notice of you anyway.

If they do phone again,remind them you only want contact in writing and put the phone down.

Don't get in to a conversation with them

.If someone does call at your house, either ignore the door or tell them again 'all contact in writing',

and then close the door, but do not get into a conversation.

Some people will agree to anything to get rid of them, and they will try to use it against you.

If it gets too bad for you,

and they are still calling at your house,

phone the police.

You have no obligation to speak with them on the phone or at your home.

Hope this helps a little.

Let us know how you go.

Regards

Signaller

Link to post
Share on other sites

I have now received in the post a notice of arrears.

 

Then earlier today a hand delivered letter from an area manager requesting that I contact him by thursday to discuss the situation.

 

he also states that he has received no letter requesting contact only by letter.

 

I put in the same recorded envelope as my subject access request and have had an acknowledgement of this.

Link to post
Share on other sites

Thats alright then, if they say they havent received it. Tell him you never received the hand delivered letter so they can cry about their £25 fee!!

 

just record the calls if they continue, if you answer then don't answer any of the security questions or say you have forgotten them.

 

just be ready to fight the all the call charges and then when you finally dispute them all, show them the proof of postage and the acknowledgement letter of the SAR, this proves they must of had it and that someone deliberately destroyed or lost it.

 

on the other hand, just send another one on its own and charge send em an invoice along with it for £25 pounds for postage and your time.

Link to post
Share on other sites

now they are really getting to me.

 

I have opted to contact this local manager as requested in the letter.

 

he asked for contact by letter, fax or to his mobile.

 

I texted saying that I would be in touch when i got the subject access request back. So far so good!!!

 

Then he left me a voicemail saying he was confused and want to resolve things positively,

however he is not aware of any request being received either locally or centrally and he really needs verbal contact.

 

In the meantime I got a recorded letter with credit agreements and statements for an account settled 3 years ago

and nothing for my present loan account. HELP

Link to post
Share on other sites

You arent obliged to deal with them verbally at all so dont feel pressured into it.

 

I would also be very careful with using mobile numbers as there is no paper chain for you should it become necessary.

 

My local branch has also denied knowledge of dispute its just a ploy to get a payment in my opinion

after all they do have commission to worry about :rolleyes:

 

if what you have received is stated to be your SAR I would put the account into dispute on the grounds it is incomplete.

 

just my opinion im sure someone will be along with more help :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites
  • 3 weeks later...
  • 4 weeks later...

I have been a long term customer with welcome ,

had a couple of secured and one unsecured loans with them.

 

Now though I can no longer afford to repay my current secured loan .

 

I have a few other threads on here and have taken good advice from them but I am stuck again.

 

I did a CCA and got back from welcome a credit agreement from a previously held loan. (already paid off)

 

I have now done the SAR and await with interest that delivery.

 

I have sent off the letter re no phone contact but now the area manager has left me several voice messages

requesting that i return his call and stating that their is no request anywhere on their system for any information.

 

I have successfully reclaimed ppi from them but now I am not sure on which loans .

 

I am sure that there is something wrong somewhere as the agreement I have received includes MIF despite the loan being for £20k

 

 

Can I claim this back?

Help where do I go from here??

Link to post
Share on other sites

I dont think the OP is asking how to claim back PPI as stated allready had one sucessfull claim. .

 

If you have sent CCA request and they have not complied then you need to put the account in dispute with the following letter, as they are claiming never received also send copy of orriginal CCA that you sent with note on "received on xxxx with track and trace" . . .

 

can you post up the old agreement so we can check it ?

 

Also await your SAR this will show which loan you claimed back the PPI on and what the state of play is on your acounts .

 

Never ever speak to them on the phone.

 

I have edited dispute letter to suit you.

 

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

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

DO NOT IGNORE THIS LETTER - LITIGATION ADVICE

 

Thank you for your letter of xx/xx/xx , the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the xxxxx I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On xxxxx a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the xxxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This period has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencieslink3.gif.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

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.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone callslink3.gif continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone callslink3.gif are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone callslink3.gif are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone callslink3.gif after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone callslink3.gif will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Print name do not sign,c send recorded and good luck.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...