Welcome car finance

[BRIGADIER2JCS]

However does the 40 day period include weekends or is it working days ? Also I now have a company car so no longer need the Megane so I will need to sell, could I do this ?

CCA request 12+2 working days, SAR 40 calendar days from the date received.

[kitkat kay]

CCA request 12+2 working days, SAR 40 calendar days from the date received.

 

So what happens now, I can't just sit around and do nothing or this will never get sorted and it's dragged on for over a year.

[dx100uk]

nope await the sar first

 

then we'll decide

 

dx

[dx100uk]

ok well as you are at a lose end

 

somethings to do:

 

in post 43

 

in the other docs pdf

 

there are lots of docs with the customer sig blanked out

 

is this your sig on all of them?

 

hows the PPI and the charges reclaiming going?

[kitkat kay]

ok well as you are at a lose end

 

somethings to do:

 

in post 43

 

in the other docs pdf

 

there are lots of docs with the customer sig blanked out

 

is this your sig on all of them?

 

hows the PPI and the charges reclaiming going?

 

 

DX it looks like my signature but i cant ever remember signing them, as for the charges, I haven't started with that claim yet, I am going to get on with that this week.

[BRIGADIER2JCS]

So what happens now, I can't just sit around and do nothing or this will never get sorted and it's dragged on for over a year.

 

 

 

 

Inform Welcome that it has failed to comply with your lawful request for information made under DPA 1998 and that the breach will be the subject of a complaint to the ICO within 7 days if the data required is not received.

[kitkat kay]

Inform Welcome that it has failed to comply with your lawful request for information made under DPA 1998 and that the breach will be the subject of a complaint to the ICO within 7 days if the data required is not received.

 

Did you mean CABOT ?

[BRIGADIER2JCS]

Did you mean CABOT ?

Apologies yes Crapbot.

[kitkat kay]

"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.

 

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"

 

Someone has just pointed out that because WELCOME failed to respond to the original CCA request they had no right to sell the account onto CABOT, would this be right, all welcome provided was the adjusted second agreement not the original.

[dx100uk]

yes but rarely enforced.

 

dx

[kitkat kay]

So it's been 60 days since I sent the last letter to CABOT and no agreement from WELCOME yet.

 

As stated before I need to sell the car or return it as I have a company car now, does anyone know where I stand on this, I know legally I dont own the car but need to get this resolved.

[kitkat kay]

capitalisation is interest you cant inc that

neither conversion fee, nor HDPI

nor assessment

 

FIXED sum penalties only

 

Dx do you have atemplate letter for claiming back the charges applied, also would i send this to WELCOME or CABOT as they bought the debt ?

[dx100uk]

always goes to the OC.

 

there is a credit card charges letter in the library tab top left

 

ADAPT that

 

dx

[kitkat kay]

always goes to the OC.

 

there is a credit card charges letter in the library tab top left

 

ADAPT that

 

dx

 

Thanks dx but can't seem to find it

[dx100uk]

ah yes sorry

the library was culled sometime recent

 

adapt to suit........

 

Account number

 

Dear Sir/Madam

 

I recently became aware of media reports on the investigation into credit card charges by the Office of Fair Trading.

 

I now understand that the regime of fees which you had applied to my account in relation to late and over limit charges

are unlawful at Common Law & under both Statute and Consumer regulation as they do not represent a genuine pre-estimate of your actual costs, but more a fixed PENALTY.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened.

 

It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law

and in consideration of fair business practices and good faith.

 

It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken £240.00 plus £878.70 which you have charged me in interest which totals £1,118.70.

 

Therefore this letter demands a refund of all PENALTY charges indicated including interest to the date you settle,

 

As the account concerned is closed, I request that payment is made directly to me, either by cheque or by BACS transfer.

 

I trust this clarifies my position.

 

Yours Faithfully

 

Enc; Schedule of charges

[kitkat kay]

Hi, just a update again.

 

It seems that CABOT are also unable to obtain the original credit agreement from WELCOME as

I have heard nothing from them since I sent the request in April,

 

What do I do now ?????

 

Also I have drafted a letter to welcome to claim the charges back on my account,

 

I was just wondering how long do I give them to respond to the request (not that I'm holding my breath)

[dx100uk]

until/unless cabot send the CCA, its parked

 

as for the charges,

they have 8 weeks to ans the complaint

[kitkat kay]

So I have finally heard from WELCOME regarding the charges applied to my account, it seems that I am unable to claim the real charges back as WELCOME entered into "THE SCHEME".

 

It also appears that I had 3 accounts now and not the 2 accounts they first claimed, This is a right mess, think it's time to give up fighting them as they have failed to comply with a SAR request in time, unable to produce the original CCA, and sold a account that was in dispute to CABOT.

[dx100uk]

you need to convert to PDF

[kitkat kay]

Sorry here you go

[dx100uk]

can we see you spreadsheets please

[kitkat kay]

There you go, not too sure if I have done them right....

[kitkat kay]

DX sorry to bother you but did you have a chance to have a look for me ?

[dx100uk]

you cant include

 

capitalisation

option to pay

fee assessment

HPDI fees

 

and you[ve left your name on the file

 

I've unapproved them too so they cant be seen

 

dx

[kitkat kay]

Ok, it's been a while since I updated this post but nothing has happened since.

 

The car that we had the finance on has finally decided to give up on us,

 

we have purchased a new car (not on finance),

 

the reason for this post is that we want to scrap the megane and was wondering if we can ?