Welcome finance and Experto Credite

[HulseAlpha1]

Hi All

 

I hope everyone is well

 

My mum received a distressing phone call the other day -

 

a few years ago she took on a secured loan from welcome finance (22k) but lost her job last winter - asked welcome for a years payment break and they agreed.

 

Out of the blue, after hearing NOTHING from welcome she got a call last week from Experto Credite demanding £100 payment and nearly £500 a month to stop reposession proceedings - (I have explained that she shouldnt have made the payment nor should she deal with them on the phone.) - I have also confirmed that the loan is registered on the land registry.

 

The problem I've got is that she has received NOTHING in writing - no statement, no deed of assignment, nothing from either party so whats the deal? they have yet to follow up on the call in writing either! Does a secured loan fall under s77 CCA? are they likely to start reposession proceedings? there is now way we can afford 500 a month to these guys

 

Any advice would be very much appriciated as always!

 

MANY thanks

 

Dan H

[dadofholly]

You say she had an agreement for a years break - when is/was the year up?

 

Are Experto claiming they own the debt - or just acting on behalf of Welcome?

 

Included in the agreement are there any insurances such as PPI etc?

 

First thing to do is send Welcome an SAR by recorded.

[coledog]

SAR Letter below to send to Welcome. Also send a complaint letter to Welcome saying that these people have contacted your mother although you have an agreement in place and you want them to stop - you will only deal with Welcome directly (I presume the DCA is collecting on their behalf and you should not be paying money to someone who rings out of the blue). Complain to Consumer Direct and OFT. Secured loans are complicated but you must insist that you will only deal with Welcome.

 

SAR letter to send to Welcome with £10 postal order by recorded delivery. Sign but put crosses through signature .

 

[your address]

[their address]

 

[DATE]

 

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 limited 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.

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.

 

Yours faithfully,

 

[signature]

 

[name]