Invalid default/termination - Welcome Finance - FOS Final decision - URGENT HELP

timtimbo · May 24, 2011

Hi,

I've been having a nightmare with welcome finance for ages now, with ICO and FOS, still not alot happening.

Anyway long story short,

Got into differculty in 2009 as alot of us did when the banks system crashed, was late with some payment and ended up getting my loan re-written any paid the reduce rate for a while only to be informed that they had re-written it as they agreed and they ended defaulting me.

Welcome have admitted that they failed to follow the correct procedure when dealing with the default, registered on my credit file the same date as the notice was issued and that the outstanding balance they are reporting is incorrect. They have told me that they'll amend the registered date and correct the outstanding balance three time now and still not be actioned over six months after the first time they said they'd do it.

So I'd like to issue a section 10 notice on the bases that they are reporting incorrect info to the CCA's however none of the letters I've found on here fit to my circustance's.

Can anyone point me in the right direction, or help me tailor one to my needs.

And yes I have every intention of taking the gits to court to enforce it, think I've got a fairly good case as they've admitted their errors just done sod all about it.

In advance thanks for all you help much appreciated

**MARTIN3030** · May 24, 2011

Basically a section 10 notice needs ;

1.To outline the reason why processing/sharing of your data should cease,giving any info about adverse affects it will have on you if it is continued.

2.Give a reasonable timeframe for the cessation to be actioned.

3.Addressed to the Data Controller.

There is further guidance under technical on the ICO website.

You should take into account any further processing/sharing that may need performing in the course of dealing with unresolved issues.

IE- you cant expect a s10 to be accepted and implimented while they are dealing with a SAR or CC request.

**MARTIN3030** · May 24, 2011

Also this may be of interest.Technical guidance for filing defaults and credit reporting.

http://www.ico.gov.uk/~/media/documents/library/Data_Protection/Practical_application/DEFAULT_TGN_VERSION_V3%20DOC.ashx

**MARTIN3030** · May 24, 2011

Forgot to ask-have Welcome put this in writing ?

Also have you kept copies of letters to them ?

The Credit reference is also liable too.

You need to be contacting them and informing them.

I think also you should be filing a complaint with the ICO-but they would want some evidence of you trying to get it sorted.

Copies of any letters should do the trick.

timtimbo · May 24, 2011

Thanks, complaint ongoing with the ICO and FOS about this and all there rubbish,

Am I right in thinking that you can use a section 10 to stop certain action, like reporting data to third parties?

**MARTIN3030** · May 25, 2011

Yes a section 10 notice prevents all processing/sharing and reporting.

If you are getting nowhere with the regulators then you could fire off a s10 notice giving them 10 days,and also a 14 day lba advising if they dont comply you will be seeking a Court order for compliance.

The way I would do it is issue a small claims action asking for compensation for breach of the DPA at the Courts discretion,with an order that they cease processing.

The LBA would need to go to their registered office.

The s10 the same-but addressed to the Data controller or compliance manager.

**MARTIN3030** · May 25, 2011

Registered OfficeKingston House, Centre 27 Business Park, Woodhead Road, Birstall, Batley, West Yorkshire, WF17 9TD

timtimbo · July 6, 2011

Right were do I start, I’ll jot everything down to start with and then ask for help at the end.

Well in 2008 I got made redundant twice and as a result had difficulty meeting my financial commitments, I struggled for as long as possible but after a while things became difficult.

So during 2009 I ended up stopping paying Welcome Finance my payments, after a while I contacted them to offer a token payment, which they refused unless I went through a recognised debt management company.

In August they contacted me and offered to rewrite my agreement, I declined as it was unaffordable.

In September 2009 they contacted me again and reoffered to rewrite to debt in effect for 25% of the previous payment, so I agreed and made the payments for 3 months.

December 2009 after my third payment they tell me I need to sign paperwork for rewrite and ask me to make an appointment to complete the required paperwork, I agree an appointment for the Next Saturday.

At either 4:45pm or 5:45pm they leave a message on my answer phone telling me that if I do not confirm my appointment in the next 15 minutes, they will not rewrite my agreement. Well as so as I got off the tube and received the message, I tried to call my branch and the customer services number. No answer at my branch and customer services were unable to help all Friday evening and weekend.

Monday called my branch to be informed that the rewrite was not formal until paperwork signed and Welcome stopped rewriting loans late on the Friday so I was required to revert to my previous repayments.

Anyway I filed a formal complaint a few days later, and heard nothing until mid January 2010, spoke to an area manager, who agreed to rewrite the loan, I asked him to put something in writing and again heard nothing.

I tried to get answers from customer services a number of times but got nothing.

Filed a complaint with the FOS, about the agreed rewrite being withdrawn after I believed it had been started.

April/May 2010, I carried out a credit check on my files and found a default notice against me from Welcome Finance, on approximately the same date the Area Manager agreed to rewrite my debt in January 2010, I immediately contact Welcome Finance, who referred me to a debt collection agency, who I contact and agreed a reduce settlement figure, I requested that my default be removed and all agreed, ask for this in writing which they sent out.

Once I received this I contacted them explained that I had a complaint about this running with the FOS and they advised that I should wait for the FOS to respond and they agreed to hold the offer

Anyway in December 2010 I received the FOS 1st review, completely rejected my complaint. I then wrote to the debt agency and re-instated my offer and followed up a few weeks later, to be informed that Welcome Finance had put my account on hold.

A few days later a new debt collection agency contacted me apparently the debt had been transferred to them now and they had specific instructions not to accept settlement offers.

Any during December I had issued a SAR and CCA request to welcome and question the information they had reported to the CRA’s.

Anyway it transpired that Welcome finance had register the default notice with the CRA’s the same day they issued the default to me.

Anyway went back to the FOS.

Today the FOS have come back to me with a letter offering settlement.

They agree that Welcome should not have continued adding interest to my account after informing me and FOS that interest was frozen, and Welcome have agreed to wipe interest and pay £50 D&I.
They agree that Welcome should not have registered the default the same day as the notice was issued, but that it should remain as is, as the correct procedure would not have made a difference as I did not settle.
Do not believe that there is any evidence that Welcome agreed to rewrite my debt, even though I provided evidence of payments.
Do not believe that Welcome did anything wrong when then transferred my account from a company who had agreed a reduced settlement to another company.

Now sorry I have provided the FOS with evidence of offer to debt collect agency, and stated that I never received the default notice as I had recently moved as stated on my credit reports. So I have evidenced that if I had the chance I would have resolved the issue before the default was registered.

My question is Welcome Finance and the FOS have agreed that the correct procedures were not followed when applying the default to my credit files, doesn’t this make the default invalid and what can I do to get it removed from my credit file. Any examples of similar case’s that I can evidence to the FOS and Welcome to get the default removed.

Please any help would really be appreciated as this has been dragging on and I’ve just had enough.

Thanks to all in advance

timtimbo · July 6, 2011