Welcome keep no records for a year, then deny any agreement

[Saihyol]

So without getting into much detail I lost my job and (I know I shouldn't have) basically stopped paying a number of debts for a few months. When I found a new job I contacted all my creditors and made arrangements to begin paying again.

 

My Welcome debt had been passed to their collections department which they told me was the last port of call before the debt was handed off to debt collectors. They offered to take payments at a set rate and cancel the debt once it had been reduced to a certain amount (knowing who reads these forums I am avoiding any details), but insisted on an immediate payment which the visited my house to collect. I have been paying at a higher amount every month since than they asked for in the hopes of getting this debt cleared asap.

 

I asked repeatedly for confirmation in writing of this agreement to no avail and (following the advice of Payplan) sent recorded delivery letters to all my creditors outlining the agreements we had made.

 

Fast forward a year and Welcome have called to tell me that the department that was handling my account has been closed down and that they have no records of any discussions with me for the past year (I have sent an SLA and received back records from Welcome which include nothing over the past 12 months bar my payments). I followed up on the recorded delivery and found that Welcome were apparently out when the post office tried to deliver and though a card was left informing them of the letter they have not picked up the letter from the post office since.

 

So now they are insisting that I have nearly 2 years more payments to make rather than the 6 months I expected and basically I'm wondering if there is anything I can do?

[dx100uk]

scan up the agreement

lets look at things for you.

 

also do some reading in this forum.

 

i think it might well open your eyes a wee bit.

 

i bet you have been fleeced for letters late payments PPI etc etc

all of which can be reclaimed.

 

it might well be an idea to SAR them.

how many loans do you think you have had with them?

 

dx

[Saihyol]

I meant to say I've already completed a Subject Access Request and got the information back from them, oh and I just have the one loan.

 

Welcome Agreement

 

Note that I was told I could not have to loan without PPI which is why the 'None' is crossed out.

 

Looking through the loan statement every 'Telephone Call Fee' or 'Letter Sent Fee' is followed by a matching charge for 'Capitalisation' meaning I have in fact been charged twice on every call or letter. This debit also appears frequently for seemingly random amounts. Additionally since agreeing not to make any extra charges they have added 'Capitalisation' just after my second payment effectively wiping out that payment.

 

Also I note the addition of a 'Fee Assessment' charge (its only pennies but can't figure out what that is about nor have they discussed it with me) on a frequent basis.

 

The end result of working through the statement means for £2,000 of credit (lifted to £2,800 when I received the money due to a fee and PPI) I have paid around £3,800 so far and still have about £2,100 left on the account due to fees, charges and interest.

[dx100uk]

time for a reclaim then i doubt you owe them a penny!

 

dx

[essexboy]

saihyol

 

does the balance increase with the capitalisation as normally it remains the same after the initial charge was put on

 

essexboy

[Saihyol]

The balance increases with every 'Capitalisation'

 

Also how would I go about making a 'reclaim' and what am I reclaiming?

[dx100uk]

every unlawfully charge letter call etc & its resultant capitalisation [stealth interest] fees

PPI and any other insuranced listed.

 

you can claim 8% stat int from the day of the charge to the day of your claim .

 

on the PPI, workout how much of your PCM is PPI, then for each PCM made do the same as above. date charged to date claimed 8% stat.

 

dx

[Saihyol]

I've just run through the numbers and for some reason they have added the amount to the debt on the capitalisation line not the fee line, the end result being I have only been charged once in each instance.

 

Given that some fees were listed in the original agreement are those actually 'unlawful'?

 

If you can advise, can I reclaim:

 

1. The cost of the PPI
   
2. The resulting interest from the PPI
   
3. The Call and Letter Fees
   
4. The resulting interest from these Fees
   

In case being able to see these helps:

Welcome Statement Page 1

Welcome Statement Page 2

Welcome Statement Page 3

[dx100uk]

I've just run through the numbers and for some reason they have added the amount to the debt on the capitalisation line not the fee line, the end result being I have only been charged once in each instance.

 

Given that some fees were listed in the original agreement are those actually 'unlawful'?

 

If you can advise, can I reclaim:

 

1. The cost of the PPI yes+8%
   
2. The resulting interest from the PPI yes+8%
   
3. The Call and Letter Fees yes+8%
   
4. The resulting interest from these Fees yes+8%
   

In case being able to see these helps:

Welcome Statement Page 1

Welcome Statement Page 2

Welcome Statement Page 3

 

dx

[Saihyol]

Okay so I'm trying to figure out how much the PPI PCM is - I assume it's the same as the PPI % for the overall debt (so if the PPI was £100 and the debt £1000 the PPI would be 10% of the PCM amount?) In addition do I use the same calculation to reduce the interest amounts listed on my statement?

 

I'm preparing a letter to the effect that I was mis-sold the PPI and I'd like to include the charges in that, so while it's great to hear that the call and letter charges are unlawful could you let me know on what basis I will be claiming them back as they are included in the original agreement. I assume there has been some case or legislation change so it would be great to quote it.

 

On both of these are there any exclusion based on when the debt was taking out (04/07) or if I have missed payments?

 

If it turns out that the reclaim amount is more than the current balance (which looks possible) do I need to continue making payments? If not any advice on how to explain that I wont be making further payments would be appreciated.

[dx100uk]

try here:

should explain it

bit busy

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/252449-ltsb-ppi-refund-figures.html#post2874211

 

 

dx