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welcome and multiple rolled loans **WON**


mark1arby
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Primarily the date yes, however the amount would have been wrong also, not the judge was bothered by that as he'd seen enough. You need to bear that in mind to some extent when you get various letters. It's only when matters get relatively serious that anyone who's even considered doing their law degree for starters get's anywhere near your account. So, as for 'legal' departments I'm afraid the legal profession is often guilty of being one of the over inflated and self important areas to work in.

 

Lots of latin, risk of megalomania as it can be very insular, along with its little clubs at a higher level, progression comparable to a glacier flow and names having to fit in order to get anywhere = check me out :rolleyes:.

 

That's why you end up with such inane letters from various 'legal departments' and 'litigation specialists' when in fact it's just some kid with a City & Guilds in paper shuffling pushing f6 on the keyboard and doing lots of mail merges. As for the composition of the important stuff like Default Notices yes you'd think they'd make some attempt to get them right wouldn't you?

 

Thing is they send them by the thousand every year and generally speaking there are still far too many people who have no idea what a correct default notice should look like...law of averages states most people will just freak out and either pay or roll over later if litigation starts.

 

That's the beauty of CAG, now you know exactly what rights are afforded to you. That's not debt avoidance (for any new people on here who appear to have an issue with the forum, its posters and its objectives) that's simply education. If you need to check yours out you know you can always ask on here and someone will be able to offer their opinion ;).

 

Excellent Post emandcole! Thank you! Having read a lot of stuff from your Good Self I wouldn`t expect anything else!!!;)

 

This will calm a few nerves and explains why these Companies just Carry On Regardless of the wrongs and rights of the Issue.

 

It also explains yet again, How something so Fundamental to this kind of Dispute/ Argument can be so Powerful to US if They Get it Wrong!!! :D

 

Cheers, MARK

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Cheers Mark, I try :p

 

 

So emandcole if i was to go into arrears a couple of months down the line i am right in saying they can not use the dn i recieved the other day.

Also how long ago did you win your case in court aganist welcome just out of interest.

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Hi LB, in order for them to use a default notice against you at any point in time it must be correct. Their next step would be to terminate, either with a termination letter or by any written demand of the full balance. If they did this on the back of that invalid notice they'd be in trouble.

 

If the default is invalid however, they are allowed to re-issue a correct one as long as they haven't already terminated the agreement, generally though creditors seem unaware of what they've sent and I have no experience of a creditor re-issuing a previously invalid one in an attempt to remedy the fault.

 

My case wasn't with Welcome, have nothing to do with them fortunately.

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Quote:

Originally Posted by grantyblade viewpost.gif

Does seem many new DN's sent out last week. I recieved my 2nd! 1st sent 24/12/09. Xmas eve!!! I'll let you work out whe i recieved my TN!! 14 days they gave me. You think that included all the non-post days like xmas day, 26th & 27th (bank hols) then the weekend plus new year. It's a hoot. Therefore DN - invlaid. & TN invalid. Plus i'd made my regular payment on 31st/12/9. i VT'd them in feb on basis their TN was invalid, but wouldn't accept. So I accepted their unlawful repudiation. Now they send 2nd DN dated 3/4/10 (recieved 10th). So again is my account terminated? Live? terminated? live? terminated? live? if it was live surely my VT should stand? WHAT A JOKE!!

 

If you did indeed receive a Termination Notice, that is it. Account terminated. No wonder they wouldn't accept your Voluntary Termination, since they had already terminated there was no agreement for you to voluntarily terminate. Understand? :wink:

Similarly they cannot issue a second Default Notice, since there is no active agreement, expressed far more eloquently by BRW in one of his posts.

 

I believe you have 2 choices now, sit and wait for them to take you to court, or start action against them yourself. postggj is the expert on this, if you haven't already start your own thread and PM postggj.

 

Oh, and don't pay them a penny more! :grin:

 

Cheers IainHL,

 

Yeah haven't paid anymore. Sent my VT between their DN and TN. I do have my own thread tho:-

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/250269-opinion-please-welcome.html

 

Just can't get my head around why if they've terminated, do they send a 2nd DN!! I know nobody else quite gets it either. I am playing a waiting game. Hopefully my account will be TN'd for 2nd time imminently. Got a small dilemma with the car tho, as the tax & MOT run out end of this month and do I MOT it and tax it further? Surely if they Terminated agreement in Feb, am I still liable for this?

 

It's a funny old game!

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Can anyone advise me on this. On my default notice it mentions the consumer credit act 1974 section 87(!) but when I received my ccbc summons The POC mentions only that I owe money under a bank account facility that I agreed to maintain. Now is there any advice out there regarding this. At the moment I am relying on a default notice that may be a few days short,so if that is not accepted by the court can anything be done regarding the differences in what law they are persuing me under? I would be very grateful for any input on this as time is closing in on me. THANK YOU ALL !!

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I received my DN in July 08, and TN a few weeks later, so account has neeb terminated for over 18months now, and I'm still waiting for Welcome to do something, no letters, no court papers, nothing in 18months.....

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We the 1arbys,Today received a letter from the Adjudicator at FOS assigned to our Complaint against Welscum finance for Mis Selling of PPI and Other Insurance.

 

I am pleased to let you know that following FOS involvement WFS have Agreed to make an offer to settle our Complaint!!! YE HA!!!

 

Welscum Will Be writing to Us to Explain the Precise Terms of it`s proposed settlement!!! YE HA!!!

 

We now have to sign the enclosed form and send to FOS, who will send it on to Welscum!!! YE HA!!!

 

The **** will then write to us with their Offer and Revised Loan Details. Once they have worked out the exact figures!!! YE HA!!! If we do not agree with these figures (Get Your Calculators At The Ready Folks) we must take it up with the **** Initially. If we are not happy with Or Unable to Resolve the matter with the **** FOS Will be Happy to Assist!!! YE HA!!!

 

FOS point out that due to the Number of Complaints Against Welscum Financial Services ( That Made Me Smile), there could be a Delay of up to 12 weeks in the Processing of Our Offer!!! PML

 

Fos also state The **** Will, `Put us in the Position We Would have been in had we Not Been Mis sold the PPI and Other Insurance` AND `Will Pay Us Interest at 8%` as well as Reworking the Two Loans!!! YE HA!!!

 

They go on to say We Consider it Appropriate for Welscum to Pay Additional Compensation for Any Distress and Inconvenience Caused by Rejecting the Complaint in the First Place. When They Should have Known the Complaint Would Be Upheld!!! YE HA!!!

 

The Silly B*GGERS Accepted Our Complaint in their Very First Reply!!! So How They Thought It Wouldn`t go this Far I haven`t A Clue???

 

I Think That About Covers That!!! AND Thank You ALL!!! YE HA!!!:D

 

Now For Round Two??? The Un - Enforcable Agreements!!! YE HA!!!

 

And to Think How ALL This Might Be Affected By The Dodgy Default Notice And Forthcoming Termination???:idea:

 

PS. I Don`t Normally Believe In Superstitious Stuff ( Except Anything to do With Albert Rosses, Of Course) lol, BUT There`s A `Money Spider` Just Crawling Across Our Kitchen Table??? WOW!!! Weird Stuff??? LOL:cool:

 

Cheers, MARK:lol::lol::lol:

Edited by mark1arby
Found My Sense of Humour Again
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We the 1arbys,Today received a letter from the Adjudicator at FOS assigned to our Complaint against Welscum finance for Mis Selling of PPI and Other Insurance.

 

I am pleased to let you know that following FOS involvement WFS have Agreed to make an offer to settle our Complaint!!! YE HA!!!

 

Welscum Will Be writing to Us to Explain the Precise Terms of it`s proposed settlement!!! YE HA!!!

 

We now have to sign the enclosed form and send to FOS, who will send it on to Welscum!!! YE HA!!!

 

The **** will then write to us with their Offer and Revised Loan Details. Once they have worked out the exact figures!!! YE HA!!! If we do not agree with these figures (Get Your Calculators At The Ready Folks) we must take it up with the **** Initially. If we are not happy with Or Unable to Resolve the matter with the **** FOS Will be Happy to Assist!!! YE HA!!!

 

FOS point out that due to the Number of Complaints Against Welscum Financial Services ( That Made Me Smile), there could be a Delay of up to 12 weeks in the Processing of Our Offer!!! PML

 

Fos also state The **** Will, `Put is in the Position We Would have been in had we Not Been Mis sold the PPI and Other Insurance` AND `Will Pay Us Interest at 8%` as well as Reworking the Two Loans!!! YE HA!!!

 

They go on to say We Consider it Appropriate for Welscum to Pay Additional Compensation for Any Distress and Inconvenience Caused by Rejecting the Complaint in the First Place. When They Should have Known the Complaint Would Be Upheld!!! YE HA!!!

 

The Silly B*GGERS Accepted Our Complaint in their Very First Reply!!! So How They Thought It Wouldn`t go this Far I haven`t A Clue???

 

I Think That About Covers That!!! AND Thank You ALL!!! YE HA!!!:D

 

Now For Round Two??? The Un - Enforcable Agreements!!! YE HA!!!

 

And to Think How ALL This Might Be Affected By The Dodgy Default Notice And Forthcoming Termination???:idea:

 

PS. I Don`t Normally Believe In Superstitious Stuff ( Except Anything to do With Albert Rosses, Of Course) lol, BUT There`s A `Money Spider` Just Crawling Across Our Kitchen Table??? WOW!!! Weird Stuff??? LOL:cool:

 

Cheers, MARK:lol::lol::lol:

 

 

Woooohoooooooo 1 - 0 to mr n mrs 1arby!!!!!!!!

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:

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We the 1arbys,Today received a letter from the Adjudicator at FOS assigned to our Complaint against Welscum finance for Mis Selling of PPI and Other Insurance.

 

I am pleased to let you know that following FOS involvement WFS have Agreed to make an offer to settle our Complaint!!! YE HA!!!

 

Welscum Will Be writing to Us to Explain the Precise Terms of it`s proposed settlement!!! YE HA!!!

 

We now have to sign the enclosed form and send to FOS, who will send it on to Welscum!!! YE HA!!!

 

The **** will then write to us with their Offer and Revised Loan Details. Once they have worked out the exact figures!!! YE HA!!! If we do not agree with these figures (Get Your Calculators At The Ready Folks) we must take it up with the **** Initially. If we are not happy with Or Unable to Resolve the matter with the **** FOS Will be Happy to Assist!!! YE HA!!!

 

FOS point out that due to the Number of Complaints Against Welscum Financial Services ( That Made Me Smile), there could be a Delay of up to 12 weeks in the Processing of Our Offer!!! PML

 

Fos also state The **** Will, `Put is in the Position We Would have been in had we Not Been Mis sold the PPI and Other Insurance` AND `Will Pay Us Interest at 8%` as well as Reworking the Two Loans!!! YE HA!!!

 

They go on to say We Consider it Appropriate for Welscum to Pay Additional Compensation for Any Distress and Inconvenience Caused by Rejecting the Complaint in the First Place. When They Should have Known the Complaint Would Be Upheld!!! YE HA!!!

 

The Silly B*GGERS Accepted Our Complaint in their Very First Reply!!! So How They Thought It Wouldn`t go this Far I haven`t A Clue???

 

I Think That About Covers That!!! AND Thank You ALL!!! YE HA!!!:D

 

Now For Round Two??? The Un - Enforcable Agreements!!! YE HA!!!

 

And to Think How ALL This Might Be Affected By The Dodgy Default Notice And Forthcoming Termination???:idea:

 

PS. I Don`t Normally Believe In Superstitious Stuff ( Except Anything to do With Albert Rosses, Of Course) lol, BUT There`s A `Money Spider` Just Crawling Across Our Kitchen Table??? WOW!!! Weird Stuff??? LOL:cool:

 

Cheers, MARK:lol::lol::lol:

congratulations mark looks like you are on the way to beating them. Hope your offer is for all you are expecting and more.

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Get in Mark! That's the news we have needed on here!!! Well done :D

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Cheers Folks! We are Very Happy with This!!!:D

Seems we will carry on with the sitting and waiting until we have the Final Details of the Scums Offer, And you can bet that it will take At Least the 12 Weeks Before it is Sorted!!! lol;)

 

Cheers, MARK xxx

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I've now waited 7 weeks since I sent welscums ppi form back, do you think I should just return it to the FOS?

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Id be inclined to bebo!

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:

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I've now waited 7 weeks since I sent welscums ppi form back, do you think I should just return it to the FOS?

 

Yes!!! Just Time Wasting!!! You`ve Played your part!!!:wink:

 

Cheers, MARK

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Hi guys, can I get something straight please?

 

DH received a DN, then a few weeks later received a TN. We sent a VT notice as we think we'd paid half After getting TN and DH made a small payment after TN.

 

What do we need to do if anything?

 

Do we write to WF saying we accept the TN? Do we do nothing?

 

Oh yes, and TN has "Without Prejudice" at the top so does this affect anything if we wanted to accept?

 

And what do we do about the car?

 

Any help appreciated.

Edited by kittiej
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Hi guys, can I get something straight please?

 

DH received a DN, then a few weeks later received a TN. We sent a VT notice as we think we'd paid half After getting TN and DH made a small payment after TN.

 

What do we need to do if anything?

 

Do we write to WF saying we accept the TN? Do we do nothing?

 

Oh yes, and TN has "Without Prejudice" at the top so does this affect anything if we wanted to accept?

 

And what do we do about the car?

 

Any help appreciated.

 

Sorry kittie! I`m not at all sure how sending a VT or paying a Small Amount after the Default and Termination would affect you!!!

 

How can a payment be accepted if the account is Terminated?

 

Let`s `Bump` this for Attention of `Better Minds` and see what they say? This puts yet another Angle on these DN`s and Terminations!!!

 

Will be Interesting to see what advice you get!!! ;-)

 

Cheers, MARK

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Hi guys, can I get something straight please?

 

DH received a DN, then a few weeks later received a TN. We sent a VT notice as we think we'd paid half After getting TN and DH made a small payment after TN.

 

What do we need to do if anything?

 

Do we write to WF saying we accept the TN? Do we do nothing?

 

Oh yes, and TN has "Without Prejudice" at the top so does this affect anything if we wanted to accept?

 

And what do we do about the car?

 

Any help appreciated.

 

without prejudice means a document cannot be used in court without the agreement of both parties.

Termination is termination without prejudice or not its ridic :rolleyes:

If they arent accepting VT and you want rid of the car then accept termination, making payments means u dont accept the agreement is terminated and are still bound by its terms.

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:

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Yes, it will.

 

I told DH not to pay a penny more to them due to the TN but after a home visit he panicked and paid them some money.

 

Personally I would take the TN. Do we have to write to them to say we accept? Or just leave it to WF?

 

What about the TN being "WP"? I thought that it can't be produced in court if it's got that on?

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Yes, it will.

 

I told DH not to pay a penny more to them due to the TN but after a home visit he panicked and paid them some money.

 

Personally I would take the TN. Do we have to write to them to say we accept? Or just leave it to WF?

 

What about the TN being "WP"? I thought that it can't be produced in court if it's got that on?

 

 

Wont hurt to accept their unlawful termination just in case you do have to go to court in future.

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:

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