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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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mark1arby

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I have been studying these threads on Wescum for a few weeks now. I have been v shy about posting anything up in case I get things wrong. This is the exact same reason why I have not been interested in my wifes problems with these people and have taken a back seat, leaving her to sort things out herself. This is how it as always been. The Mrs. looks after everything. This was the easiest way because I was in the Navy for 24 years and I didn`t want to step on her toes when I used to come home after a deployment. She as always struggled on because she never wants to worry me, especially as I am now Disabled and have quite a few illnesses, which mean I need a lot of care some times.

 

The thing is in the last few months it has become more apparrent that there is a problem with Welscum Finance.

 

I have booked up courage to sort out what is going on now. I eventually got her to tell me that she was being threatened and bullied by the account manager from the local office. He was calling and threatening her for money all the time. The Mrs. explained that as I knew when we started this latest loan my Disability Living Allowance is what we where using to pay the monthly premiums, but because this is paid every 28 days, we insisted that we could only take the loan (although we needed it) if they could set up the DD for every 28 days. We were told this could be arranged with out a problem, so we took the loan.

 

You know what happened next? Yes you got it, DD was never collected on the 28 day arrangement. So Mrs was playing catch up for months and never getting there. This immediately meant penalty charges being put on the account. Then wife also tells me she has been trying to get the monies to pay the loan as and when she can. So some months she could pay £300. others she would pay £50 . a day for 4 days. Then some months she could pay the full £487.84 because as I have said this is how my benefits and her wages come in to our bank account.

 

Well many doorstep visits and phone calls lead to default sums and large arrears. All the time I am thinking it is her fault she can sort it. What a Ba*%^rd I now feel. But I am going to take it out on the Welscummers.

 

Sorry about the length of this thread(as the Bishop said to the Actress. BUM BUM)!!! We do have a story to tell and My Mrs and Myself need help with the stuff We now believe is going on, and we also have hundreds of questions for some of the Wunderkinder on the threads about Welscums devious ways.

 

Because this is getting so long I will just mention for now what began to change every thing. Because Mrs. told me what had been happening We had a call from the Manager of the local office. He wanted to pay us a home visit to discuss the behaviour of our account manager. When I woke from my ignorance (God I Feel Bad) It was the account managers misfortune to visit and I threw him off my propertyy with a very big flee in his proverbial. 10 years ago it would have been with a very big boot.

 

Any way local manager calls round, very freindly, coffees all round etc. States that account man is abit of a hothead and needs further training. Then tells us we are in so many arrears that if we don`t pay some thing we soon we will be paying these aholes imperpetuity. At this I go off on another one, as much as I can nowadays. After I`ve had my rant, and tell him I think it is his staffs fault we are in this situation. If they can`t ensure the 28 day payment taking place. He agreed??? Knocked off £600, stopped all interest for six months and said he would not allow the account manager anywhere near us again.

 

He assured us he would run the account with a reveiw in 6 months, and he also knew how to ensure the Direct Debit would be taken every 28 days. Not one problem for 5 months. Proves a point dosen`t it?

 

Now we are both thinking what is happening here? A manager visiting our home and being on the surface very nice. So I google Welscum and find all you lovely girls and boys. And I start reading and reading and reading some more.

 

A few weeks ago who should turn up on the doorstep but the man we thought would never darken our horizon ever again. Wife calls me and when I see who is there, well Iam so peed off that he is there I really go for it this time. Funny seeing a quite large skin headed bloke running down the road, being chased by a cripple on his crutches.

 

Next thing after I have gone in the wife finds an envelope screwed up and shoved in the letter box. It was a letter about outstanding charges and over £1500 in arrears. Where had they come from?

 

The next day one of the women from the local shebang knocked wanting to discuss things with me. LMAO. Told her to go away or police would be called.

how had my wife put up with this for so long? I feel so bad and guilty for not knowing what was happening until now, but I`m angry aswell.

 

Blimey it`s late didn`t realise. That will be it until tomorrow. When there will be more, much more believe me. If any one wants to hear it that is??? Night All.

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Welcome to the site.

Your story is one we have read many times-as you will have seen.

Look forward to hearing more and if you need help-you are in the right place.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good Morning Mark and Welcome aboard.

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look forward to your next reply Mark :)

 

just from what you have said so far sounds like you can

 

put account in dispute, demand pen charges back

 

sounds like you have a good case for harassment when you r next on look for Postggj he will love to get his teeth into this one I suspect.

 

First thing I would do is stop paying them, then send a letter to your local office & the head office by recorded delivery informing them you only wish to be contacted by letter. If after this they still contact you refuse to speak to them, if they visit you at home tell them that they are brewaking the law & unless they leave you will call the police.

 

over to you Postggj :)

 

 

best of luck Mark

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DLA is not supposed to be used for paying off a loan, so by taking this from you Welscum are well in breach of the OFT guidelines and need to be reportded. You also need to get a full itemeised statement from them from the conception of the loan (a SAR request should do that for $10).

 

Have you through about approaching an ex-servicemans charity as I believe they have people who can help with various legal things.

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morning mark

this is a story i see all the time with welcome.

there motto is to bully and intimidate. they are nothing more than a lone shark outfit soon to disapear.

 

ITS TIME TO FIGHT BACK

SEND THESE THREE LETTERS TO THIS ADDRESS

 

WELCOME FINANCIAL SERVICES

COMPLIANCE

RUDDINGTON FIELDS BUSINESS PARK

RUDDINGTON

NOTTINGHAM

NG11 6NZ

 

SEND RECORDED, MOST IMPORTANT

 

LETTER 1

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

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. (Delete if necessary)

 

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. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

LETTER TWO

Quote

[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 banking business with you.

 

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 DPA 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]

 

 

LETTER THREE

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

 

PUT THE THREE LETTERS IN ONE ENVELOPE and send to the nottingham address by recorded delievery

enclose two postel orders

one for £1

one for £10

 

last thing

 

give these people a call and tell them you have a welcome loan and rerquest they send you all details on any insurance product they hold

 

Direct Group - Where Insurance and Innovation Combine - Home Page

 

 

from now on ime going to take a special interest in this thread

 

its pay back time

 

open a deposit account with your bank

 

get the dla paid into that account rather than your current account

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Sorry folks, haven`t been too well in last few days.

 

We need to straighten a few things out for you all before we go any further. This is a secured loan for over £26,000, taken out on March 25th 2008. It was a top up of an existing £11,500 loan, which had all insurances and MIF,taken out in December 20007. We wanted a small top up,but Welcomes idea was because we were good customers why didn`t we borrow a little more.

 

Spoke to Mrs in last couple of days and it is my War Pension that is meant to cover the repayments (DLA pays for the car). This would be fine if muppets could sort out 28 day payment regime.

 

We have already sent and received back CCA request and SAR. We have sent trespass and telephone harassment letters. They don`t visit any more, but they ring house phone and mobiles 3 times a day.

 

We put this account in dispute because the CCA was not within prescribed terms of CCA act 1974. They didn`t agree and still don`t. They have sent Final Notices so we contacted FOS who are looking into both mis selling of insurances and enforceability of the loan.

 

Welscum are still writing to us. Is this allowed if FOS are investigating? I do hope so because I want to ask them some more awkward questions.

 

We have many more questions and problems to do with all our loans with the dreaded AHOLES, all the way back to 2001.

 

Would you mind if we still pick your expert brains or is it best to leave it with FOS?

 

There are more and more things We find wrong every time we look at the notes in the SAR. We would love your opinions on these, if at all possible. If there`s anything we can do for anyone else, PLEASE ASK.

 

Cheers People. Thank You for your most valuable time and good luck with your own fights.

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Wife not too well...

In the navy for 24 years...

Disability...

War pension...

 

That says it all, so please dont apologise. I think most people reading this will be humbled by what youve written so far. I wish I could help more, but you are in good hands with the people who have responded so far. Good luck :)

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Thank You. I know the people on here are stars of the highest quality. I don`t know how some one like postggj keeps going he is brills. He must hate these scumbags.

I just need to know I am doing the right things. There are so many things wrong with our agreements. what should I be sending to FOS?

contacted Direct Group they sent documents we have never seen. Aviva say they only have records of 2 polocies and they are from 1997???

sorry going into one again. Cheers

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Reading what Welscummers call computer notes, they suddenly change from 2005 to 2008. A 3 year gap. I think this is because we came into some money and paid off the car and the loan. But there are no details in any of the notes of us having done this. Nor are there any documents for these loans in the SAR.

 

Direct Group supplied policy docs for these loans though.

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hi mark

just some questions

how is the last loan recorded on your credot file

is it a secured loan or mortage

 

see welcome are up to there tricks with mif

 

did you sign the last agreement at home or in a welcome office

how long after you signed did welcome and how long after that did you get the cheque

 

were you given any cooling off papers

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Sorry post and many thanks for you time.

 

 

We are more confused now we have the SAR paperwork than ever. The first lot they sent is a bag of proverbial but Welscum said it was all they had. We didn`t think it was, so we sent your little bit about magnetic stuff, and asking who underrites the insurances etc.

 

Now they tell us this 2nd lot is all they have on us? It does have more things than the first. Although the amount of the monthly insurance is highlighted they have not done as we asked really. And the PPI was paid up front. In the covering letter they state that Direct Group are the under writers, no mention of Norwich Union/ Aviva. Norwich Union/ Aviva tell us they have no policies for the dates we are enquiring about. Fishy?

 

We are waiting to get the Credit Ref. Records now, so don`t know how this is recorded. But from their own update for the 2008 loan it seems that there is no Legal Charge for then, but they have left the 2007 one in place. we are going to check this out with the Land Registry this week.

 

The MIF is on the 2007 loan for £10,000.

 

We signed the 2008 one in the Local Slop House. We where given a cheque there and then. We didn`t see any Welscum F***ker sign these. We have what appears to be the original CCA with no signitures from us or them, but we have paperwork included in the SAR that is signed.

 

we can not recall any thing that would be described as Cooling off Papers, and there is nothing in the SAR.

 

Cheers MARK.

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10 grand mif

 

please tell me thats the corect figure on the agreement

 

how much was the loan for

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statement of means

needs and demands statement

underwriting sheets

 

account statements for the loan

 

computer screen shots

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Sorry post, yet again. I`am A bit slow on the uptake sometimes. It`s the pills.

Plus the **** are very good at confusing you with the paperwork. Some is upside down, most is double sided and the rest no one`s got a clue.

 

The MIF is on an earlier loan. None of the papers are dated so all We can say is that it is from between 2001 - 2004. The loan was for £10,000. MIF was £1,100 and Total charges other than interest (L+M) according to this big yellow piece of paper are £1,335. That`s with acceptance fee of £235. SORRY!!!

 

We have needs and demands for both of us from 2007 unsigned by either of us. I have been registered disabled since 2005. the d & n`s for 2008 are unsigned by any one.

 

When we sent for the docs. from Direct Group we got lots of stuff from other loans we have had with Welscum. We had the original little booklet from 2007. But all we got for both 2007 & 2008 from them, was a single sheet of A4 with policy numbers on the title of each insurance taken. I`ve just noticed that Welcome Lifecare 24 (195) Benefit from 2008 is the same pay out of £8,000 but the monthly repayment is much larger than in 2007. Probably irrelevant.

 

We had never had a statement of account in all the years we have been involved with this lot, until we sent off CCA & SAR. Now we have 4 sets. The first came with CCA. The second with SAR, the third set was from a Sam Hampson at Compliance showing that he had "managed to find" £75. 00 worth of charges we could have back ( Thanks), the charges came to £85.00. This was to back up his reply to our complaints about local office, and that he would be sending a new offer.

 

The last set was after I had sent a letter to Welscum Data Controller in Wales. Asking for phone trancripts and screen shots etc. This statement had no mention of the £75.00 given back to us. the covering letter sent by Andy Twigg states that the statements satisfy our query to screen shots(what should screen shots look like)? showing transfers???? The paperwork they have entitled "Computer Notes" are a copy of all transcripts???? The payment breakdown shows the amount paid to the insurer and Insurance Premium Tax???? It also states that Direct Group are the underwriters and gives their address.

 

what is a statement of Means? Could it be called some thing else.

 

Sorry yet again, but could you ask me a question that I can answer with out having to trawl through all the Bull S***t paperwork we now have? LOL

 

Cheers MARK & Mrs.

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dont panic

 

we will get there in the end

 

just have to get through the welcome bs

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might just have hit the nail on the head

 

with out going back through the agreements

 

since being disabled in 2005

 

tell me you have these micky mouse insurance etc on the agreements

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statement of means is to see if the insurance is sutable

ist a legal document

 

no wonder they declined to release it

 

being disabled will exclude you from the insurance policies

you would not have been paid out

 

blatent misselling

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Sorry again about time between messages but computer just froze. Bloody thing.

 

Let`s try again.

 

can`t remember seeing anything called statement of means. Will confirm tomorrow.

 

It is very obvious I am disabled I only walk with a stick and I have to wear wrist braces on both wrists.

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Just seen Mrs off to her night duty, bless her. lol

 

I have insurance with all the loans. Confirm that tomorrow as well.

 

Cheers Mark

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cant believe they would stoop that low

 

well it is welcome

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What bothers me the most is when I look at the notes is how they say they have been to my wifes work to get money, or how they spoke with our daughter. Even had her getting money out of her 3 days on the trot. And I wasn`t listening to her. Although what I would have done different I don`t know.

 

Their words in one section is "we will turn up at residence tonight and blatently ask if she has the money". Bastards.

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dont get angry

get even

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Hello all. I`ve been trying since 9 this morning to get on here.

 

Just to confirm we have insurances on these loans.

 

We have Some thing called "Eligibility and Suitabality" as well as some thing else Welscum have called "Insurance Suitability" all are signed for the relative loan. They make no sense to me, and we only got these in the SAR. For so called legal documents they are very confusing. On at least one of the "Eligibility and Suitability" they ask if I am aware of any impending unemployment and they have ticked it as N/A. I am disabled. My disability and illness are noted down, but they still made me have Lifecare.

 

The 2007 loan is a Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974. and is £11,312.50, as far has I can make out.

 

The 2008 loan, for £31,068.96 is also Fixed Sum regulated by the Consumer Credit Act 1974".

 

Is it worth me giving Photo Bucket a go? I have some forms and documents that are very interesting.

 

One of the docs is Re: Hire Purchase Account Number *******. This is a thank you for choosing Welscum to help with your CAR PURCHASE, this is crossed out and LOAN written next to it.

 

Cheers MARK. Thank You All. You Make A Sad Man Glad. ( corny)? lol

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Try And Give Photo Bucket A

go

Ill Talk You ThrOUGH It If Needs Be

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