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    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
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Several problems with welcome finance - please help!


handsomeharris
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Hi

I am currently looking into reclaiming PPI charges for my girlfriend on her welcome finance unsecured loan.

 

I've also noticed a separate issue in that she had a salesperson who she knew personally "help her out" by offering reduced payments after she lost her job.

 

It looks like what this person did was in fact give a new loan, as the original was for £2500, however her most recent statement says Amount of credit provided: £4039.79, and this statement begins with opening balance £0 then initial disbursement £3964.79. This statement says it is over 72 months when the original was over 24 months.

 

Just wondering what the best way to find out what's going on here would be, as she was totally unaware this was what this salesperson who incidentally she knew before and thought was a friend was doing.

 

Do we need to do a Subject Access Request and get the Credit Agreements for this, and find out whats happened here?

 

Also, will this affect the PPI claim we are persuing?

 

Thanks in advance

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Hello..

 

Have you not questioned this salesperson who your girlfriend "knew" about this matter ? That's the first thing i'll do..

 

Getting a sar and cca may take a while as these idiots don't like to play ball so you may be in for a long wait. Even if they do send it on time the chances are it won't be correct.

It's a good idea to scour these posts for information regarding your grievence as they are a good source of info, although each case may be different to yours, you will still gain some knowlege that may help you in your case..

 

If your persuing your claim for ppi, how do you know what to claim for if you've not got your cca etc. just that i'm in same boat waiting for details that haven't arrived because i believe i've been misold ppi..

 

Thanks.

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Thanks for the reply

 

Yeah I can't remember why she hasnt got in touch with them about it, I think we are just realising how bad it was...

 

Well she doesnt have many statements, but knows the PPI is rubbish because it didnt pay out when she did loose her job, and she didnt have sick pay either. We started filling in the PPI questionaire from the FOS just to try and reclaim the PPI without having all the details and just hoping for the best. (but will we need more info than just the account number and the argument that it was mis-sold?)

 

But having read the site, I can see that its likely we can do something about the conman salesperson too, just wondered what the next step would be with that?

 

and also if its best to do it separately from the PPI questionairre which we might not need to wait for the SAR stuff to come through for.(which I understand would be a long time)

 

I'm going to send off the SAR and take it from there anyway.

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sar is 40 calendar days from when they get it

 

your GF has been fleeced big time here.

 

she has had a new agreement made out [which is a very nice little money making exercise that welcome often pull]

 

she would have had no PPI nor interest rebate when the first loan was refinanced, so shes got PPI on PPI and PPI interest on PPI interest.

 

she is in for a windfall and poss alot more [like no signed second agreement?]

 

it could wipe it all out.

 

do some reading here , you'll soon get the idea

 

look for posts by postggj - tip.

 

when you have the agreements i'd ping dj1971, he's very good at this type of game.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the help, I've been doing a lot of reading of postgjjs stuff on here. I'll get the SAR sent. Ive read that welcome are quite slow at responding to these though and when they do its not that complete! Just got to be patient :)

 

EDIT: Just wanted some advice as what do you think is best, send off the questionairre to welcome for reclaiming PPI now and worry about the rest (payments on payments etc) later, or do it all at once when I have the SAR back? I'm thinking send off the questionairre as it will be simpler and quicker to reclaim the PPI then go for the rest if it becomes apparent they have conned us.

Edited by handsomeharris
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welcome seem to be responding to sar quite quickly at the moment but not sending a complete one so be prepared to receive the bare bones and then sending a reminder letter for the rest ;)

 

If you dont have all the info id not bother sending back the questionnaire half completed as that is just another reason for them to stall, id personally wait until i had all the bullets and then shoot them :)

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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Make sure you get BOTH agreements...If there is a fault on the first one they may fob you off....If there are other insurances on the first but not the second then other factors come into play ie:- hidden charges or the second not including the original t&c's etc which it must.....

As dx100uk said get as much advice as you can...good luck

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  • 2 weeks later...

as above, if you ask for them in the letter, then yes they should come.

if you don't, sometimes they are cleaver and dont send them because they know why you want them!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Make sure you get BOTH agreements...If there is a fault on the first one they may fob you off....If there are other insurances on the first but not the second then other factors come into play ie:- hidden charges or the second not including the original t&c's etc which it must.....

As dx100uk said get as much advice as you can...good luck

 

Just looked through everything and there is only the info for the second loan as you mention. There is zero under amount for insurance, zero for cash advance, only the £3964 as credit to settle the loan (refering to the first loan I guess?)

 

So is the best/faster bet to try and ring the person on the letter we got, and say we wanted everything or just send them a letter to get the info about the first loan. (and is there a suitable template knocking about at all?)

 

I know I put a certain account and customer number on the SAR letter but I thought that it would include all the accounts not just that one (if they were indeed different numbers for the two loans) .

 

Don't have access to a scanner but I will get the agreement up once we do.

 

Cheers

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When this new loan was done

 

was a new agreement signed

 

welcome had a habit of ignoring that point

 

well as we can gather from the above post, the second one is signed but the first one, and the details of the insurance on it etc are nowhere to been seen in this SAR

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Just looked through everything and there is only the info for the second loan as you mention. There is zero under amount for insurance, zero for cash advance, only the £3964 as credit to settle the loan (refering to the first loan I guess?)

 

So is the best bet to try and ring the person on the letter we got, and say we wanted everything or just send them a letter to get the info about the first loan. I know I put a certain account and customer number on the SAR letter but I thought that it would include all the accounts not just that one (if they were indeed different).

 

Don't have access to a scanner but I will get the agreement up once we do.

 

Cheers

 

dont ring them keep everything to writing so you have a paper trial

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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dont foget you can use a mobile phone or a digital camera too!

 

as for the sar

pers i'd write back [don't ever phone or talk to them face-2-face or on the phone] with the failure to comply letter [see the library tab top left of your thread]

stating they have NOT included everything they have on you, esp the first A/C and that the 40 days clock [from the date they got your 1st letter] is still ticking

 

typical underhand action!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What they have done is re-written the loan. Welcome no longer do this as they have realised it gets people into an even bigger mess than they were in before.

 

They no doubt will hyave told your girlfriend that they can reduce her payments for her, possibly not being forthcoming about how they can do this. Usually they set up a new loan and increase the term (naturally making the payment lower) many people do not seem to know that the loan is going to be extended which sounds like exactly what they've done to your girlfriend. This was no doubt done in a branch that has been closed down.

 

When you write to welcome finance tell them that she was unaware of what has happened and (I assume) took advantage of her situation. Their biggest defence is "you agreed to is" but if someone is in a vulnerable state and they are told that they can be helped of course they are going to listen.

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Something else to think about while we are waiting for the 1st loan documents. The agreement was signed in her house, as the person came round to get it signed however the CCA says that by signing it you declare that it was signed in the office. Does this affect anything in terms of cancellation rights or anything? Unfortunately I dont think we can really prove that it wasnt signed in the office anyway, just wondering.

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just another fleecing tactic sadly

 

if it ever needed to be questioned i'm sure it would never be argued about.

you signed outside the store..fullstop.

 

dont worry about it

this only comes into effect if you wanted to cancel anyhow.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

is what 20days?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...
sorry if it wasnt clear :) the time that they have left after the intial SAR request before I complain to the ICO.

 

All I want is details of insurance premiums on the first loan, which she definetely paid so we can reclaim them.

 

If its for an SAR they have 40 days to comply.

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  • 4 weeks later...

prob still awaiting the sar reply?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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