what do i do with welcome acc

[littelfish]

hi the very nice people at welcome (not) say we are in arrears this has happened because we took the loan out in july 2007 and we did not recieve the cheque so the cheque was cancelled on the 13th august and another cheque was apperently sent out on the 17th august but the very nice people at welcome (not) are charging us from the 31st july can they do this even though we didnt have the cheque? we have had nothing but abuse phone calls from them can i put this account into dispute and how do i go about this

thanks for ur help

[ozzywizard]

Hey welcome to the forum you will get loadsa help on here, Beyond will help ya in a min cause I got 30 secs left on comp . . haha . . will check on ya laters .

[littelfish]

thanks i got loads of issues with the welscum

[littelfish]

hi also when my husband took the loan out this is a secured loan my husband was told he couldnt have the loan with out me signing it aswell, my husband explained my name was not on the mortgage therefore i donot own the house welscum said this didnt matter how can i have a secure loan if i dont have a property to secure it on, i have recieved papers today from welscum (the £10.00 pack) and everything we recieved on this account was in my name not my husbands wat should we do

[Major Player]

Hi Littlefish, it seems as though you have a few issues here, I would suggest that if you can post the papers up on here we can look to see what you should be able to take forwards.

 

The arrears issue is easily resolvable (Or should be) in that it was their error and therefore you should not be liable for that.

 

The issue around whose name it is in is more complex but I may be able to assist, a view of the docs would help everyone be able to pitch in though.

[littelfish]

hi major player wat docs do u need to see?

[beyondhope]

Sorry I wasnt around to help went to bed early lol

 

OK if you have a copy of your agreement scan it to computer, edit out personal details inc agreement number and upload to photobucket and copy and paste the code here so we can see if there are any errors with it

 

If you dont have a copy we can get you one so dont panic

Edited March 7, 2010 by beyondhope
missed out a word

[beyondhope]

sorry littelfish just read back and seen you have done an sar anything u think is relevant such as agreement or statement post up leaving figures on but nothing u can be identified by

[littelfish]

hi beyondhope yes got the subject access request yesterday but no credit agreement i have yet to ask for that shall i come back when i got that

[beyondhope]

they didnt send copy of agreement in sar? oh they do get on my nerves! have u sent cca request also or just sar?

[littelfish]

i just sent for the subject access request thinking i would get the cca but didnt so i will send off for thatfirst thing tomorrow

[beyondhope]

they are a joke u should have had copy of agreement in sar anyway no worries send off cca dont sign it send it recorded and start counting the days

[littelfish]

ok will do lets hope they have lost it lol by the way our branch is still open had a harrassing call on friday asking when my husband is going in lol

[beyondhope]

I hope u told them thatd be when hell freezes over lol

Why would he need to if its in your name?! (I know there are issues with this but if all the paperwork is in your name why would they need contact with him at all)

[littelfish]

when first took out the loan they used to send letters to mr & mr******* the branch obviously know its husbands account but in the pack recieved yesterday i had a statement and copy of cheques which were supposedly sent out in july 07 then again in august 07 and this was just in my name not mr*****or mr&mr ********* or mr and mrs just mrs**********

[littelfish]

they aint got a clue wat they are doing and i am gonna sting them for all the ppi they have had my husband has had 5 accounts as kept redoing it then sold house and payed them off then we relocated and stupidly took out another loan how stupid were we i got cca for all the previous accounts

[Major Player]

Have you got the legal charge document and the land registry paperwork? Has your husband got anything to do with this account? If not and they have been pursuing him for payment they are breaking the data protection, if you are not registered as the home owner on the land registry, they should not have a charge on the property.

[littelfish]

hi ive sent off for the cca it is now 16 days and it has not arrived what is the next step do i put the accout in dispute and is there a template letter to do ths?

[littelfish]

can anyone help me i sent off for the cca which was 16 days ago this has still not arrived can any one tell me what is the next step to take please jo

[postggj]

SEND THIS RECORDED

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. 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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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.

 

As 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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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 agencies.

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.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[littelfish]

thankyou post

[littelfish]

this account is all very confusing the account is supposed to be a joint account even though it is a secured loan and i do not have my nameon the mortgage i still had to sign the paper work as husband couldnt have the loan with out me signing. just looked through the subject access request paperwork i recieved and got the land registry paperwork but no legal charge document my husband has never signed one for this loan actually all they sent for this currant loan was photo copies of the cheques which they had to keep sending as never recieved them till the september 2007 and we are being charge for taking the loan out in july 2007

[littelfish]

can anyone advise on what we do about not signing or recieving a legal charge document on present account

[littelfish]

can anyone help me on this surely with not signing a legal charge document can welcum have there name on the land registry paperwork?

[Major Player]

On the land registry do you know what type of security they have on there?

 

I ask as if they have a Unilateral Notice then they have registered their interest but you can get it removed via land reg if you disagree. In other words they don't need a signed agreement or legal charge to register these.

 

If they have a noted charge or full charge then they would have to get a correctly signed legal agreement to the land registry - if this loan was rewritten then they are able to rely on a previously signed legal charge relating to the original debt BUT if you are not a registered owner then you would not need to sign the legal charge for the new agreement. have you rewritten the loan or refinanced etc?

 

I know that you are not on the mortgage but are you a joint owner of the property?

 

It would be an idea to give a call to the land registry and ask them to confirm over the phone what sort of charge Welcome have registered - once you know I can give guidance as to where to go from there.