Welcome Finance Help Needed

[ianc73]

Recorded and sent non compliance this was their response to the letter!!do i send further letter stating payments were attached or leave it?? I will post agreement when i get on internet not through phone. But it just a standard pink counterfoil thing

[dadofholly]

The non compliance letter was for the cca i take it?

 

Is the agreement they sent you in response to your CCA request?

[ianc73]

It was but they have not sent anything they want the fee again . Luckily my mum has the orig. Not responded to 7 day war request either now been 68 days and they had fee for that too but denying that although they ain't cashed it

[dadofholly]

Have you got evidence of them cashing the £1?

[ianc73]

No but it was stapled to the letter they have acknowledged receipt of

[dadofholly]

Two options then - ignore them - or send them another £1 recorded - enclosing a photo copy of the one you are re-sending telling them you have also retained a copy.

 

If they haven't cashed it - and you can prove it - then you need to report them to the ICO and OFT as a matter of urgencey as it may be a new delaying tactic to continue to harrass people.

 

Welcome have already been fined by the ICO.

 

Is it welcome head office you are dealing with?

 

Personaly on he CCA question i would ignore them as long as you have retained records of the letter - and the Postal Order.

 

As for the SAR complain to the ICO.

 

Can we see the agreement?

[ianc73]

Yes it is head office am sick of them ringing i told them to stop in December. Although normally ignore the call but i answered it for mum the other day and told them to read their letters and stop

[dadofholly]

Yes it is head office am sick of them ringing i told them to stop in December. Although normally ignore the call but i answered it for mum the other day and told them to read their letters and stop

 

What number do they call from?

[ianc73]

A nottingham one

[ianc73]

Mum has it saved as welcpig

[dadofholly]

Mke sure it is welcome and not a dca such as lewis using the welcome name.

 

worst case - contact the phone provider and asl for a new number due to harrasment.

 

Or send them the following letter - it includes the latest case law.

 

Dear Sirs

Account No/Reference No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully,

[dadofholly]

Or if you have already sent them a harassment letter send this one.

 

Dear Sirs

Account No/Reference No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records. The processing and use of these numbers is causing significant distress.

 

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual obligations. This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

 

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

 

You will be deemed to have been served notice of my request and I will deem it served by {ENTER DATE - 23 DAYS FROM DATE OF LETTER}. I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence. I feel it necessary to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;

Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt.

I therefore suggest that you consider my request and update your records accordingly.

Yours faithfully,

[ianc73]

..

[ianc73]

Can they send the account to a collection agency if in dispute for failure to provide cca and sar?

[dx100uk]

not supposed to but that wont stop welcome.

 

but as DCA's are NOT BAILIFFS

and have NO SUCH LEGAL POWERS.

 

they are even less needing attention than welcome are.

 

dx

[ianc73]

Right cos welcome are disappointed so gone from their phony collections people to experto! Where do they get these silly names from?

[dx100uk]

pass the parcel phishing trip

 

dx

[ianc73]

had a letter stating have no right to put an account in dispute and that it is in contract that they can send somebody to house any time even though advised it would be considered trespass

[dx100uk]

willy waving

 

dx

[pdb1980]

What dx says lol

 

Thats all it is it will be passed from pillar to post trying to bully you into making a payment etc.

 

They cant send anyone to your house with out making an appointment before hand and with your permission.

 

Oh and FYI only a court can order you to submit income and expenditure info.

 

Believe me these DCA's have no power whats so ever.

 

If you read any of their letters they are always full of the words 'may' 'possibly' never we will which means they can basically do didily squat with you