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Welcome Finance : Terms & Conditions (T&C's)


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Imo not that its a knowledgeable one you have informed them the account will be in official dispute so in dispute it goes until you get some answers :)

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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This is the CCA dispute letter maybe worth a play with? Ive not seen any others I just copied the bits they arent meant to do and stuck it on the end of my letter to them sorry im not more help :)

 

Dear Sir/Madam

 

Account In Dispute

 

 

Ref:

 

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

PRINT NAME, DONT SIGN (VERY IMPORTANT!!!)

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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Draft dispute letter

 

With regards to my letter dated , I am disappointed that you have failed to deal with my previous letter about me cancelling the insurance policies on the agreement mentioned above under your 30 day rule.

 

I am also disappointed that you have failed to meet your own deadlines for dealing with complaints.

 

From my 1st letter dated , you have had 14 weeks to deal with this matter and have failed to do so.

 

As a result of your failure to deal with my request, I have no choice but to put my account into official dispute as I informed you I would if you did not resolve my request satisfactorily by the . As you have not bothered to reply at all, I have now cancelled my Direct Debit until this matter is resolved.

 

I am also bringing to your attention that I did not receive my £250 cash-back cheque (as promised by your employee) as part of the deal when I purchased the car and request that this sent to me under separate cover by way of a cheque made payable to

 

As my account is now officially in dispute, the following applies:

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

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Sounds ok to me :)

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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good luck :)

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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hmm received a letter in the post today from welcome in reply to my original letter in October 2009.

 

I will scan it and upload later.

 

The basic gist is that they are willing to refund MBI, no mention of GAP insurance though. but they want me to sign a new agreement to re-adjust the repayments as of day one of the agreement. They dont say how much will be refunded as they cant do based on what future payments I shall be making??? so I take it they wont be refunding the whole premium paid to me, just the monthly amounts that I have paid already with interest.

 

they also mention PPI but I think they just not amended the letter correctly.

 

seems like a load of balls to me and im certainly not resigning anything.

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hmm received a letter in the post today from welcome in reply to my original letter in October 2009.

 

I will scan it and upload later.

 

They dont say how much will be refunded as they cant do based on what future payments I shall be making???

 

seems like a load of balls to me and im certainly not resigning anything.

 

Dibbo, how can they expect that to be taken has a serious offer???

 

Exactly how they replied to me. They do get upset when you turn that one down. Shame!!!

 

What a bunch of *ANKERS.:lol:

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  • 2 weeks later...

Hmm received 2 more letters, one being a expanded version of the 1st reply and then another saying they are upholding my complaint...nice of em, but they still have got it wrong as still no mention of the GAP insurance refund.

 

Oh and I also found out why I never got my £250 cashback cheque..They sent me a form which I have signed (dont remember it) with 2 options..one stating that I have received the cashback and another stating I have received a discount.

 

Now the funny thing is, whilst my signature is on the form and looks like mine but looks like it was written a biro pen, the bit crossed out is the 1st section saying I had the cashback, was crossed out using a felt tip pen. me thinks that they have been a bit naughty here!!

 

I never completed the top bit and certainly dont remember signing the form at all.

 

will post everything up for you guys to look at later after the chelsea game!

 

Dibbo.

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  • 1 month later...
  • 4 weeks later...

well still no reply from WF. not sure what the hell is going on, but its been over 3 months now since account was put in dispute and not a word from them since my last letter informing them I haven't heard from the local office.

 

Seems strange as others are getting replies but I guess they are at a loss. They probably waiting on the arrears to build up first then hit me with all sorts.

 

Ha will put them out if I decide to VT it.

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  • 11 months later...

Well as you can see its been a while since my last post on this thread. I have heard absolutely diddle from welcome.

 

I have had however, a default notice posted to my mums address :!:

 

And now I have had 2 letters from Experto Credite Ltd. The 1st one says they have tried to contact me via telephone and letter (doubt that as they dont have my number and also I open all my post)

 

The second says yhey say they are contacting me on behalf of welcome and are threatening either an attachment of earning (i'm self employed) or a charging order on any property I own (I rent).

 

I am going to send them a letter stating I have no idea why they are contacting me as i'm still awaiting a reply from Welcome and wait I shall.

 

Dibbo 8)

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Can someone clarify what the T&C's for a HP agreement with Welcome look like please?

 

I dont seem to have any apart from the second sheet of an agreement they sent me that just goes on about fees and termination rights etc headed "Key Information" which I have seen a few times uploaded on various welcome threads.

 

Is this the T&C's?

 

Many thanks

 

D

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Hi

Yes these are the T and Cs sonds like post 2004

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hmm the ones I have are from 2008, but seem to to be the same many people have posted on here before.

 

next question, what are the laws surrounding selling the debt to a Debt collector etc...? does this right of the creditor need to be disclosed to the debtor by way of T&C's? or is it an automatic right granted to any lender?

 

Ta Much and happy St Paddys Day!.

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Hmm the ones I have are from 2008, but seem to to be the same many people have posted on here before.

 

next question, what are the laws surrounding selling the debt to a Debt collector etc...? does this right of the creditor need to be disclosed to the debtor by way of T&C's? or is it an automatic right granted to any lender?

 

Ta Much and happy St Paddys Day!.

 

Hi

Most DCAs will have obtained only the right to collect the debt rather than title to the agreement, so if they want to chase you through the court then they would have to pass you back to the OC. If the debt was assigned to a new creditor then you must be notified for the assignment to be valid.

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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well things a re getting a little trick now. Experto Credite have sent me 2 letters and also HL Legal have sent letters as well chasing payment for my car/insurances agreement.

 

They have even put an entry on my credit reference report.

 

I have written to them both today asking them to refer back to Welcome and not to contact me again as I will not respond as I have no obligation to do so and also to remove any credit reference entries accordingly as I have it in writing that Welcome have agree to refund my insurances and re-issue a new agreement accordingly. Welcome have not responded to any of my letters and then these 2 firms appear out of nowhere.

 

Seems Welcome have renegaded on their agreement and just passed it on (not sure if sold on or just assigned collection) to another firm and washed their hands of it.

 

Will await replies from both Experto and HL Legal as i'm sure they will respond or totally ignore my letters and send the usual chase letter.

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  • 2 years later...

exactly the same for me.

 

i submitted a defense and a poxy letter arrived saying they disagree with it and a copy sent to the courts.

no explanation or details.

 

seems like scare tactics or they are trying it on.

 

hope someone more in the know can come along and advise on the next steps.

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please keep to your own thread.

 

so you never bothered reclaiming

 

and they took you to court then?

 

more info please

rather than hi-jacking another users thread

after two and a half years of not being on cag

 

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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