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    • BTW, the reply I got to an SAR shows they got my keeper details from DVLA via ZatDVLA and apparently their footage shows the vehicle being stationary for 38 seconds.   Time for sleep.   Thanks again.
    • Morning all,   the pdf in my previous post is an error. Could soemeone delete it please as I don't seem to be able to myself. Thank you.   Correct files are below. Had to be 2 as file size limit would be exceeded.   What a night, got myself in a right muddle switching between file formats to ensure security. To cap it all it's my birthday today.   Thank you in anticipation final multi.pdf Second two page file elms 1 and 2.pdf
    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Welcome Finance : IMPORTANT - FOR ALL THOSE WITH WELCOME PPI COMPLAINTS


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I have been speaking to the FSCS. The application forms that are being sent out for Welcome Finance customers are different to those sent out for other companies and are written in such a way that it allows any refund to be taken from outstanding balances. I have had 3 loans and my mother 2 so have personal interest in getting my money back, but I have an outstanding loan with NO arrears and have been told that any refund will be applied to this. If you can tell me where it says they cant do this I would be very very happy to hear as I could seriously use that money!

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http://fsahandbook.info/FSA/html/handbook/COMP

 

These are the rules the FSCS use that are made by the FSA when dealing with compensation.

 

In the letter recieved for ppi compensation, the FSCS states :

 

" Under the FSCS Rules, amounts of compensation payable will be first set off against any outstanding loan balances you may owe

to WFSL, which could mean that you do not receive any or enough compensation to meet the fees of any representative. "

 

 

I have had a look through the rule book, but i'm not to sure where it mentions that it can do that... I'm wondering if anyone else has looked into this and could point out where it states this...

 

Thanks.

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I too have a PPI claim against Welscum. I am also hanging fire in returning the FSCS form as I DO NOT agree to my compensation being offset against my current loan. I have never missed a payment, but I am now cancelling my direct debit and sending them a letter stating that if they are going to offset any compensation I might as well have some arrears. This also means that I get some money back from them.

 

I too could seriously do with the compensation as it would pay off other debt that I have at the moment.

 

Will keep looking to see how everyone is getting on.

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  • 2 weeks later...
I have been speaking to the FSCS. The application forms that are being sent out for Welcome Finance customers are different to those sent out for other companies and are written in such a way that it allows any refund to be taken from outstanding balances. I have had 3 loans and my mother 2 so have personal interest in getting my money back, but I have an outstanding loan with NO arrears and have been told that any refund will be applied to this. If you can tell me where it says they cant do this I would be very very happy to hear as I could seriously use that money!

 

i wondered why when i got my £3500 ppi refund it came off the balance of my hp loan and not into my own bank account even though my arrears where £850 they still took all the refund

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interesting! What does this mean for me? I was at the early stages of a claim with them but never heard back. they did make n offer but i asked for a breakdown of how they got to this figur. Which wa snever replied to. i have not had any contact with them since. I cant remember the last time i made a payment either. So whats left of the balance will be charges etc. Ive not recieved a compo form either. :s

 

i borrowed 1250.00 and the last figur eof what i owe them was 5,000!!!!!!!! AFTER years of payments!

Edited by Hacked_Off
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  • 2 weeks later...

I got my FSCS Decision letter today.

As per discussions the compensation will be set off against arrears ..surprise surprise!!!

I noticed they only took into account PPI that was added to the original agreement, not the Lifecare 24 & homecare 24, which added another £350.00 to loan amount plus interest! so I have emailed and said no way. I also want them to remove Defaults on Credit file as this account was in dispute.

I have no idea where they got the figures as WFS have sent me various restructured agreements over the past 2 years. Each time they have tried to sneak in insurances or juggle the figures in such a way that I would still end up paying what they figured was original amount including PPI!! I have never agreed to any of it.

Now I do not know what about the balance outstanding? The Decision letter advises balance outstanding higher than original loan & does not take off £5000.00 already paid! Are they incapable of being straight?? Smoke & mirrors me thinks!!!

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You are right to request the 'Lifecare and Homecare' back but they are under no obligation to remove the defaults due to this High Court Case - McGuffick vs RBS - http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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The question going around in the forum is "Is one obligated to accept the offer and compensation from the FSCS?" This questions is relevant as it seems the FSCS are awarding in many cases the compensation under the condition its applied to the loan, regardless of arrears or no arrears.

 

My opinion is that no, one is not obligatated to accept the offer by the FSCS. The FSCS's primary object is to ensure that monies available for claims are disbursed in such a way to afford everyone with a claim some sort of compensation. In other words to try to get as much bang for the buck(quid). The logic being that if one still owes money on a loan, that by awarding the compensation to offset that debt, that Welcome then have monies left to pay those who no longer have a debt.

 

I understand the logic. However, the FSCS have no enforcement authority. We all know that Welcome are owned by Cattles. Cattles still have money. They have Lewis Group, Cl-Finance, Howard Cohen, et al. Although "Welcome" may not have any money, Cattles do. One could argue that if money is owed, one could pursue Cattles, or that Catlles might have to cough it up.

 

I'm not sure about the legality of pursuing a parent company for judgments against a subsidary, so I invite other opinions onthe matter.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Thanks 42man, however, my gripe is not to do with unenforcability etc, my gripe is that had WFS honoured the ppi then there would not have been arrears when I tried to claim due to ill health.Only then to find out that I was not covered under the policy - only hubby as he was first named, yet would not quilify as was self employed with pre- existing health conditions! So if no missed payments then no default? Just another chapter in the book of WFS disasters!!

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“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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  • 2 weeks later...
claim for all the insurance crap

 

ppi

gap

breakdown

guardex

nuclear fall out

 

When I enquired with the FSCS about making a claim for our GAP insurance they said this only relates to PPI and nothing else. Does anyone know different. Should I just ask welcome for an application form.

 

HH

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So, if you have outstanding finance with Welcome, and are claiming the PPI back off a previously settled loan, will they apply the refund from the settled account to the outstanding account?

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