Welcome Finance Default

[MrsNikkiR]

Hi

 

I'm new on here and was looking for some help regarding Welcome Finance. I'm trying to sort out my husbands finances (as he's no good at this sort of thing!) and after recently checking his credit report, noticed that Welcome Finance had defaulted both of his accounts on 31/3/08 (HP and personal loan, opened in 2002).

 

He never used to be great with his finances (before he met his nagging wife!) and there were a few missed payments at the beginning of the agreements (numerous default/conversion fees were added to his account?!) but from looking at statements, all was sorted out at the beginning of 2005 and since then has been making payments by direct debit every month.

 

Neither of us recall ever receiving the default notices (for which he has written to them requesting copies) although I do vaguely remember them contacting him a while ago (possibly back in 2008) to tell him he wasn't paying enough every month. Could this be the reason for the defaults? The payments he was making from 2005 were in fact lower than what he had been paying at the beginning but surely as he was paying by DD, Welcome Finance would be controlling them? Both accounts are now fully paid off.

 

Any advice would be greatly appreciated!

 

Thanks

Nikki

[rebel11]

Hi mrs

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

[liquidauctions]

Have you submitted a Subject Access Request yet? If not then this is the first step.

[dx100uk]

the 'default 8' status is prob down to the cra system itself

after a creditor marks a file with about 6-8 'markers' [late/no/under] payments

the system automatically marks it '8' - default

 

that could be the answer here i suspect.

 

now as has been advised, you need all the statements via an sar

 

once you've got that

 

me thinks he's in for a reclaiming winfall

 

welcome are renound for adding unlawful charges for every reason under the sum

 

late/letter/phone/cats died etc etc

 

so once reclaimed, it might well be possible to get these markers and thus the default removed, if it can be proved, they were solely due to their fees.

 

don't forget insurances like PPI etc etc

 

you can get these reclaimed too!

 

dx

[MrsNikkiR]

Thanks for your responses, much appreciated.

 

He did submit a SAR request, asking for copies of agreements, full statements and copies of default notices. They have recently replied enclosing the agreement for one of the accounts (which has a very small balance which will be settled with next months DD) but said regarding the other agreement (which is fully paid off):

 

"there is no copy of agreement XXX available due to the account being closed" (??!!)

 

They also said that statement of account(s) has been requested and follow separately, but no mention of copies of default notices.

 

A couple of things don't seem quite right here:

 

1. Surely they still should provide agreement copies even if the account is paid off?

2. On the agreement they did provide, should this be a copy of the original signed version? As the one they have sent has no date or signature and also has our current address on it...we didn't live at this address when the account was originally opened in 2002.

 

Referring to your comment on reclaiming windfall for fees, how will we know if they are unlawful?? They seem to all just have 'default/conversion fee' as the description (looking at previous statements)

 

Also I don't see how his later default (in 2008) could be due to fees? All the fees are near the beginning of the agreement, and his DD amount dropped later on (in 2005) which I'm guessing is the reason for the 'default 8' status as you describe above. Would he be right in saying to them that, as this lower monthly amount was a DD, it was then obviously setup by them so therefore how can they default the account for not paying enough?

 

Sorry for the length of this and probably my naivety!

 

Thanks very much!

[MrsNikkiR]

Can anyone help with this please?

[BRIGADIER2JCS]

Hi, A couple of points the creditor is no obliged to

supply a copy of the agreement (s) with a SAR which

is a DATA PROTECTION ACT matter, the agreement

it's format and regulation is covered by the CONSUMER

CREDIT ACT 1974/2006, a CCA request cost £1 and

is sent to the last company to contact you.

The agreement supplied is not compliant, and is

not even a good attempt at a reconstruction.

 

I suggest you now send the account in dispute

letter from the CAG library and a CCA request with

a £1 payment for each signed and executed agreement,

I'd send it RD so you can trace delivery, they have 12+2 days to

respond.

[MrsNikkiR]

Thanks for your reply Brigadier2JCS.

 

He did in fact originally send a CCA request with £1 fee for each account so the agreement they have sent is not compliant...

 

He also requested true copies of the default notices (with a 28 day deadline) which was not mentioned atall in the previous letter, and they are now over the deadline.

 

Can I just also just confirm that, even if one of the accounts has been closed as it is fully paid off, they still have to provide a copy of the original agreement with a CCA request?

 

Basically, all we want is to try and get these defaults removed. Now that they have failed to comply with the CCA request and also failed to supply default notices within the timeframe, do we have a chance??

 

Thanks

[brokebutnotbeatn]

The defaults will not be removed as the account is in default (you are paying less than the agreed amount) so his is 'correct' reporting on the state of the account iffespective of the faulty DN (which a court would allow the OC to rectify anyway).

[BRIGADIER2JCS]

Hi, you can ask for the CCA at any time,

but please don't rely on a non compliance

on a CCA request to remove defaults before

the six years is up it rarely is that easy.

[MrsNikkiR]

Ok thanks guys, if only it was that easy!

 

Both accounts are actually now fully paid off. Yes his payments were below the agreed amount for a period of time a while back (which he then increased at a later date - I do remember them turning up at the door to tell him he wasnt paying enough) but we dont recall ever receiving default notices.

 

And also, the lower payments were paid by DD so surely WF would have set them up? Its a long time ago so we're struggling to recall what happened, and cant find any paperwork. Am I right in thinking that if he submitted an SAR request with £10 for each accounts, they have to provide full information on the accounts, commuincation, notes, fees etc etc? Would that be the next step?

 

Thanks again.

[BRIGADIER2JCS]

In my opinion yes, if you do

the SAR to Welcome ensure you

make it clear that the £10.00 fee

is just that and not a payment to

the account.

[LostAtSea]

Er guys, the lady has repeatedly said both accounts are fully paid up The way I see it, you could look for charges to claim back and either go for the cash or use it as a stick to beat them into removing the defaults.

[BRIGADIER2JCS]

Of that we are aware, the problem is to remove

a default:madgrin:

[brokebutnotbeatn]

The default is about correctly reporting the management of the account (irrespective as to whether a DN was sent by the provider or not). If this is accurate it is highly unlikley that they will be removed. The issue of claiming back charges is sompletely separate unless the account holder would not have defaulted if the charges hardn't been applied. Even then it will be a long and difficult battle!

[BRIGADIER2JCS]

The accounts are closed, the DN is now not relevant,

the task is to get the default removed and to get all the data

on the accounts for charges and PPI.

Nikki send the SAR off addressed to the compliance manager,

together with a ''polite'' enquiry as to if the would remove the deafult

as the accounts are clear and closed.

 

Brig.

[MrsNikkiR]

Thank you all for your help so far on this.

 

So an SAR request was sent off and we have just received back the info. Just as we thought, NO default notices in there, so I assume this puts us in a much better position to get them removed? There are also some letters in there dated the 11th October 2011 (ie the date they did the SAR)?! It makes me think they are trying to forge them, but they are only settlement advices (definitely not default notices) and letters put through the door when they've visited and we weren't in, so I'm not sure what they would be hoping to gain by doing this.

 

With regards to the fees on the accounts, how do I go about trying to reclaim these? As I'm not sure how to work out which ones are unlawful.

 

Thanks again

Nikki

[Abrigadier]

H Nikki,

Yes it should be much easier to get

the defaults removed.

As to reclaiming, have a read

through some of the threads on the

subject I'm sure you'll find all you

need, sorry I cant post links at present

as I am reduced to newbie status as

my e-mail was hacked.

Brig.

BRIGADIER2JCS

[jimjo]

Hi, I am sorry to jump on your thread but i have a similar problem and have been trying to get copies of my statements from Welcome Finance. I have sent off 2 SAR requests and both times they have sent documents back with a letter saying statements will follow after. I rang their head office and have it documented with who i spoke to, what time, date etc (it was 1 month ago) asking for copies of my statements and explaining that i had sent to SAR letters off and i was told they would take 'around 2 weeks'...still no statements. Is there anything else i can do to get these or dispute the account.. Thank you (sorry again for jumping on).