secret commission welcome finance

[sandman131]

i took out secured loan with welcome finance back in 2008,i have recently sent them sar and on receiving paperwork back notice they state on underwriter sheet broker commission of £1700 this is on top of the original broker fee of £1000,i have written to them stating Wilson v Hurstanger but they have come back to me with Branwhite v Worcester Works.

They also state where "broker is acting as an agent to lender no fiduciary relationship would arise" could someone point me in the right direction on this.any help would me very helpful.

 

could some one also look over figures:-

loan amount £10,000

broker fee £1,000

admin fee £235

ppi amount £1,894.39

total £13,129.39

apr 21.5%

term 180 months

monthly payment £205.79

commission earned £1700.00

Edited February 18, 2012 by sandman131

[sandman131]

just been looking at paperwork again from welcome,the loan payment calculator sheet has got 2 date of births on it none of these are mine and as this was only in my name could this count as fraud on there part and house price has increased,no property valuation sheets given to me to prove house price.help required on this matter.

[sandman131]

can anybody out there help me with these problems?

[sandman131]

bump

[dadofholly]

did you hire the broker or did they arrange the broker?

 

If you arranged the broker to act for you then hurstanger v wilson stands.

 

They are just trying to fob you off.

[sandman131]

i originally filled in a form online to search for a loan,

do you think that the details like date of birth should be correct on there forms and not show 2 dob which are not mine?

[dadofholly]

What form is it?

 

Are you saying they have changed the valuation of your house on this form?

 

Did they send you a copy of this form to complete or did they complete it on your behalf?

[sandman131]

on my application i put it down as one amount but according to the application on their web portal application it has increased by 10k.

if the interest reate is 1.45% does it work out at 21.5% or 22.02%

[dadofholly]

Would need to use some software to work out the interest - but i do not have it on this laptop.

 

I am still not sure who the boker was acting for - what was the name of the broker and did you approach them yourself ? and did they offer to find loans or provie loans?

at what stage did you find out about the brokers fee? and at what stage did you find out about the commission?

 

sorry it is a lot of questions but it appears you may have a very good case under Hurstanger - in my opinion.

[sandman131]

the broker was 1st stop finance i originally filled in a search form online to find a loan which put me in contact with them,i found out about the broker fees at the start which was £1000 on top of the loan but was never told about the commission,i only found out that it was £1700 after recently sending an sar to them,after doing some research lately since getting sar,i have found out that most of the senior staff at 1st stop group who ran 1st stop finance have held very senior positions at welcome finance and cattles plc,

i have been wondering is there any where that i can get all the paperwork looked at {free if possible} to find out exactly where i stand from a legal point

[bigegg]

i have been wondering is there any where that i can get all the paperwork looked at {free if possible} to find out exactly where i stand from a legal point

 

post the paperwork on here , minus any identifying details, and we will have a look at it for you

[dadofholly]

Yes can post them here minus personal details and account numbers etc.

 

Have also sent you a pm.

[dadofholly]

Have checked the details of 1st stop - and they are not a part of the same group of companies as Welcome Finance.

 

So a couple of points.

 

You paid a brokers fee to a broker to arrange finance for you - that means that the broker owed YOU a fiduciary duty - as you employed them - by payment to them.

 

There is no connection between 1st stop and Welcome - except the ex employees link, (i would be intersted in more info on this), so they cannot claim the broker was working for them. They may have a working relationship - but that was not declared to you by either side - nor is it on their website - and beside this you paid the broker to find a loan for you.

 

Basicly Welcome have just tried to scare you off with bulls**t. Hurstanger is relevant to your case. (you can also claim back the grand you paid the broker).

 

Have you sent an SAR to the broker?

[sandman131]

great to know that hurstanger is relevant,as to the staff at 1st stop have a look at this and search Alex Mollart on Linkedin{on here it shows he was founder of 1st stop in 04 but was also working for welcome til 05}

www.1ststopgroup.co.uk go onto THE GROUP and then see owners/directors and then THE BORAD

Edited February 28, 2012 by sandman131

[sandman131]

sorry have not sent sar to broker yet,I have spoken to them on the phone and had an email back from Steve Capewell to say that as 1st stop finance have ceased trading they dont have any records and there is no requirement for them told hold the records under data protection act.

Edited February 28, 2012 by sandman131

[dadofholly]

there is no requirement for them told hold the records under data protection act.

 

Total rubbish.

[sandman131]

so if the broker is trading under diff name they should still hold records

[dadofholly]

You will need to contact the information commissioner to be sure - they do have a free advice helpline, and the details are on their website

[sandman131]

cheers for the help

[dadofholly]

No problem - where Welcome are concernd it is a pleasure.

[dadofholly]

For my own learning, what part of the DPA requires records to be retained?

 

Well technically it's not the DPA - but the respondant was just playing petty pendaticts in an effort to fob off the OC. (as you are fully aware).

 

There is a plethora of different types of data - and time limits it must be retained. An example would be emails for the financial industry - they must be kept for 6 years.

 

The DPA deals with the protection of data - and your right to access that data. (The act actually states that information should be kept no longer than is necessary)

 

Data must be kept on all live accounts. And for differeing periods afterwards depending on the type of data. I have dealt with data that only needs to be kept for 6 months - and some for up to 40 years.

[dadofholly]

Thanks, that's what I thought. Now I am off to look up "pendaticts" in my well used dictionary.

 

Oh dear the childish pointing out of typos how amusing.

 

I note that you fail to help the OP by confirming that the company concerned has misled them and should have maintained records - and by not doing so are in breach of the act.

 

You seem more intent in picking holes in anything to do with Welcome though, but never anything in the OP's favour - you also seem to have a lot of legal knowledge - as well as procedural - much like another poster who logs on around the same time as you.

 

So what brought you to this forum? you have never started a thread with your issues - nor ever mentioned them - and despite stating early on that you did not know much about the mechanics of credit - you seem to have an interest in Welcome and their credit agreements.

 

That firm of solicitors welcome use are not very good are they? have you come across them?

Edited March 1, 2012 by dadofholly

[dadofholly]

OK try this

 

There has been a breach of the DPA - as they have failed to maintain records that they should have maintained.

 

In that context then their claim is rubbish. As they are implting that they were not required to hold such records. So my reply did not mislead.

 

But instead in picking fault with posters - and trying to put OP's off taking action, you could simply have given that information to the OP. But you didnt because it dont help Welcome.

 

I think welcome would be better off not taking your legal advice. But hey the trouble they are in they can't afford decent legal advice - so yours will have to do.

 

Am sure the OP is able to make up their own mind as to which advice to take.

Edited March 1, 2012 by dadofholly