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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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Welcome help needed please!


F1girl
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Hi,

 

I'm hoping some kind soul may be able to offer some advice.

 

I have a secured loan for £10K with Welcome Finance which was taken out 2 years ago, in the past couple of months I have been struggling to make the repayments, I have been in telephone contact with my "account manager" and last week went to their office to meet him (at my request).

 

After looking at my income & expenditure he said he would cancel the direct debit and speak to me again this week, in the mean time I have been looking at other posts on the site regarding this company so I went back to my agreement (which isnt signed by WF and doesnt have an agreement number on it), so I decided to put in a CCA request which I sent off this morning.

 

I have just spoken with my account manager who rang me, and he has offered me a repayment plan for the next couple of months when I asked him to put this in writing to me he became very aggressive, saying that he couldnt do that and this was a verbal only offer, when I kept repeating that I needed something in writing he just became more and more agitated asking why I needed anything in writing, when I said I needed proof of any offers/conversations in case anything was questioned later on he said that all calls were recorded and that should be enough proof, I tried explaining that he had proof but I would not, he then said if there was a problem I could request a copy of all phone calls, so I then asked him to provide a copy of our previous calls and the one from today to which he replied that I was trying to play hard ball and wasnt going to pay and he would continue to contact me by phone and/or by attending the property. He also said that he would not put anything in writing but was now expecting me to put an offer in writing to them, and he asked if I could do this by the end of the day, to which I said no.

 

I am actually shaking now I did not expect such an agressive response to my request.

 

Can anyone suggest the best way to move next, should I now also do an SAR or should I wait until I have a response to the CCA, should I set up a standing order to continue to make at least partial payments????

 

Any help would be really appreciated as I'm not sure which way to turn.

 

Many thanks.

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Don't agree to any thing they offer,I had a welcome loan which had to be rewritten when I was ill, the forgot to sign it took me to court and produced

unsigned agreement judge laughed them out of court.

Write informing them no more phone calls,letters only.Yes wait until you get CCA

Don't speak to them on the phone at all and never give them I/E details only a court can order this.

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Thanks, I will. Another question. As the Brigadier suggested I'm going to send a letter confirmining no phone calls, letters only should I send this to head office & my local branch or just to the local branch?

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He's actually my account manager not the branch manager, but when I was in their office last week he said he would cancel the DD, needless to say I have cancelled it from my side now as well, just in case....

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So you spoke to Welcome to arrange a payment schedule to help you through your sticky patch that Welcome agreed to, so why can't they put it in writing? And Welcome wonder why they have such a bad name.

You try and do the right thing and i'm pretty sure that any descent company would have no problem in putting it in writing.

Why should you have to put up with this abuse, stick to your guns.

You have to remember your account manager is (hopefully) on borrowed time.

Keep all correspondence in written format.

Hope you get sorted.

 

JJ

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Hi F1 Girl,

 

Sorry if you've already done this (i'm not trying to insult anyones intelligence) but make sure you call your bank and actually completely cancel the DD mandate. In the past i cancelled it via my online banking service and to my surprise the DD was reset without my consent and the money taken from my account. Who would do such a thing i hear you ask???................. You've got one guess!

:-?Trying to make ends meet, you're a slave to money, then you die:-?

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Hi F1 Girl,

 

Sorry if you've already done this (i'm not trying to insult anyones intelligence) but make sure you call your bank and actually completely cancel the DD mandate. In the past i cancelled it via my online banking service and to my surprise the DD was reset without my consent and the money taken from my account. Who would do such a thing i hear you ask???................. You've got one guess!

 

Trust me, I appreciate all advice, I have actually only cancelled it via my online banking so I will speak to the bank tomorrow. I am also in the process of setting up a new account elsewhere.

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And F1 Girl, if you pay say you will pay via standing order not dd.

 

JJ

 

I do want to continue paying something to them, even if its not what they want at the moment, and standing order is the only way I'm prepared to do that now, only problem is not sure how to get their bank details, I've cancelled my DD and after the way I was spoken to today I have not intention of speaking to my account manager again

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I would just like to say thanks for all the replies I've had, I've been feeling really worried since the phone call this afternoon, but your replies have made me realise that I am doing the right thing in trying to take control of this situation back. Many thanks again:)

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F1girl, you are offering to pay what you can afford not refusing to pay anything, so I would write to Welcome compliance department saying what has happened what you can afford, as others have said they have not legal right to hassle you, I expect you have enough on your plate at the moment.

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F1girl, you are offering to pay what you can afford not refusing to pay anything, so I would write to Welcome compliance department saying what has happened what you can afford, as others have said they have not legal right to hassle you, I expect you have enough on your plate at the moment.

 

After the phone call I have sent a letter to Welcome compliance this afternoon, telling them that I will only deal with them in writing from now on, but I wasnt sure if I should say any more than that until the CCA request is provided.

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Hello again,

 

Just a quick update, when I got home last night the attached statement was in my post, this is the first statement of any kind that I have received from WF, this can't be a response to the CCA request as I only sent that on Monday and I think this was probably sent as a result of my conversation with my account manager on Monday. I couldn't believe my eyes when I saw the amount they say I still owe and the amount of interest they are charging me every month! My original loan in July 2008 was for £10001 over 84 months, at the rate they're charging me on this statement I'll never be finished!

 

If anyone gets the chance could they please have a quick look at this and tell me if I'm just misunderstanding it or if it really is as unreasonable as it looks. I will post the other few documents that I have when I get home from work (on my lunch break at the mo).

 

Also, I had a voicemail message left on my mobile this morning, and then another member of the collections team rang me on my work number, as with other people on this forum I work in the NHS and personal calls are frowned upon, I told him I wouldnt speak to him (he only asked my first name, not my password, didnt mention he was ringing from a secure line or that the call was being recorded. When I told him I would not speak to him on the phone he just said well we'll do it face to face then and put the phone down - not a happy chappy!

 

I also sent a telephone harassement letter on Monday so I'm not sure how long to leave it before I send another.

 

Anyway if anyone does get a chance to have a peep at the attached statement I'd really appreciate it.

WFS secured loan statement Jul 10.pdf

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Just had a missed call on my mobile and I have been called twice at work within 5 minutes by 2 different people (one being my account manager), I refused to confirm my password details, but he said he is going to ring me at home this evening, very threatening manner especially in the second call, does anyone think it would be reasonable to send a second telephone harassement letter tomorrow, I only sent the original on Monday so it probably wont have processed through their system, how long did it take anyone else to get a response re. telephone harassment???

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Just got in from work and I have a letter from Compliance, acknowledging receipt of my £1.00 fee for my SAR???? although it was actually a CCA request and confirming my request is being processed, oh well lets see what arrives.

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Sent a second telephone harassement letter this morning, got back from the Post Office to find a letter from WFS confirming receipt of my first thl and confirming they were looking into it.....:(

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