MKDP chasing old Welcome finance debt - SB'd?

[Martynandemma]

mwrty

 

very curiouse

 

me being me and being such an underhand &^$%&^ with welcome, i calledthem

 

all innocent i asked if this was compliance

 

they never said they were welcome

 

when pushed they said they were welcome from feltham

 

is feltham not in middx

 

ime staying with this, hold tight till i have some answers

 

 

right its the 8th of June now so what next regarding the below

 

"Still no agreements from them how long shall i give them & then what is the next step, they received request on 22nd May"

 

by my calculations that is 18 days since they received my CCA request for agreements so thats 12 working days & 6 weekend days

[postggj]

You Can Legally With Hold Payment As The Account Is In Offical Dispute Until The Suply The Agreements With Out Penalty

 

Quote That To Them If They Get Edgy

 

If You Get A Letter From Lewis Dca

 

Dont Worry Its Still Welcome In Disguise

[Martynandemma]

so should i send them another letter threatening legal action ? any ideas what i should write

 

I want to treat them like they have treated me only i will do it properly

 

Makes you wonder how these companies get a licence to trade really

[postggj]

There Is An Account In Dispute Template

 

Ill Try And Dig It Out Unless I Get Beaten To It

[Martynandemma]

looked around a bit & came up with a very nice letter which they should get Monday at the latest

 

 

Welcome Financial Services

Compliance

Ruddington Fields Biz Park

Ruddington

Nottingham

Ng11 6nz

 

11/06/2009

 

Re accounts numbered ********

 

Dear sir or madam

 

Reminder for request for copy of alleged credit agreements under Section 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true copy of any alleged signed, executed credit agreement in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of a fee of £1.00. This payment was included with my original request.

 

Under the above Act, a creditor has 12 working days to supply this document to the debtor. Royal Mail confirms that you signed for this letter on 22nd May 2009 and so this deadline expired on 10th June 2009 as there was a bank holiday in that time. Thus far I have received no response to my request. This means that you are currently in default of my request. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.

 

 

This includes, but is not limited to, the following:

 

* You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.

* You may not add any further interest or charges to this account.

* You may not pass this alleged account to any third party.

* You may not register any information in respect of this alleged account with any of the credit reference agencies.

* You may not issue a default notice related to this account.

 

Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

 

You have a calendar month from the expiration of the 12 working days to rectify your default. Therefore, I must receive the document I have requested by 10th July 2009.

 

If you do not have any signed agreement in relation to this account, please confirm this in writing.

 

I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

Please conduct all communication with me regarding this account in writing only. For your convenience, I include a copy of my original request letter. All letters have been sent to you by Recorded Delivery so I can prove that you received them if necessary.

 

I look forward to your swift response.

[Martynandemma]

also sent them a copy of the original CCA request

 

Round 2

 

ding ding

[Martynandemma]

cant believe it!!!!

 

They phoned me 3 times in an hour

 

twice at home & once on a mobile that they have been told i dont own anymore!!

 

Again they said they were coming to pick up car, no data protection act questions asked!!!

 

I told them that I would only speak to them in writing, they said its their right to keep pursuing the debt. errrrr no it isnt you r in default to me for my request for agreements so you cannot pursue the debt.

 

School days time now!!! "well you broke your agreement first!!!" for goodness sake how old r they 8??

 

I said u r a proffesional company you shouldnt act like this (had to laugh at that one!!)

 

Now he says the account will be sent to their legal department(err i thought it was already there??) no he said that they were the collections department. I said this is getting us nowhere & hung up

 

He said that it would probably go to court ha!! I do hope so!! but seriously I hope they will see sense before then!

 

How many times do they need telling 1. I dont have the bloody car anymore, it was stolen!!!

2. I dont wish to be called , 3. I dont own a mobile at the moment

 

 

arrghhhhhh!!!!!

[Martynandemma]

& so we move on groan!!!

 

got a loan statement this morning (surprise surprise i get this after my little chat with them on Friday!!)

 

But they still have not sent me my statements for the previous loan agreements. Or the agreements themselves so they r still in breach of my request.

 

Need to draw up a letter now to "remind them" to send me the other 2 accounts statements

 

Any ideas anyone ??

 

One thing I have noticed straight away is the balance at the beginning is including interest so how come they charge "capitalisation" throughout the loan, its not because of non payment. Well looks like this is going to be a long winded thing as every step they seem to be commiting some sort of irregularity. The thing that puzzles me is why all their staff seem to think its ok to work for these people, they must have very low standards or their very very stupid

[Martynandemma]

postggj,

 

just looked at VILKAS thread just to say the default notice i received was worded exactly the same as that.

 

with an SAR is it 40 working days or 40 days from receipt of request

 

still no agreements by the way

[Forsure]

looked around a bit & came up with a very nice letter which they should get Monday at the latest

 

 

Welcome Financial Services

Compliance

Ruddington Fields Biz Park

Ruddington

Nottingham

Ng11 6nz

 

11/06/2009

 

Re accounts numbered ********

 

Dear sir or madam

 

Reminder for request for copy of alleged credit agreements under Section 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true copy of any alleged signed, executed credit agreement in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of a fee of £1.00. This payment was included with my original request.

 

Under the above Act, a creditor has 12 working days to supply this document to the debtor. Royal Mail confirms that you signed for this letter on 22nd May 2009 and so this deadline expired on 10th June 2009 as there was a bank holiday in that time. Thus far I have received no response to my request. This means that you are currently in default of my request. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.

 

 

This includes, but is not limited to, the following:

 

* You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.

* You may not add any further interest or charges to this account.

* You may not pass this alleged account to any third party.

* You may not register any information in respect of this alleged account with any of the credit reference agencies.

* You may not issue a default notice related to this account.

 

Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

 

You have a calendar month from the expiration of the 12 working days to rectify your default. Therefore, I must receive the document I have requested by 10th July 2009.

 

If you do not have any signed agreement in relation to this account, please confirm this in writing.

 

I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

Please conduct all communication with me regarding this account in writing only. For your convenience, I include a copy of my original request letter. All letters have been sent to you by Recorded Delivery so I can prove that you received them if necessary.

 

I look forward to your swift response.

 

Thats a good letter - lets see what that brings !!

[postggj]

postggj,

 

just looked at VILKAS thread just to say the default notice i received was worded exactly the same as that.

 

with an SAR is it 40 working days or 40 days from receipt of request

 

still no agreements by the way

 

 

ITS 40 DAYS FROM RECEIPT ON TRACK AND TRACE

 

IF YOUR DEFAULT NOTICE IS THE SAME BY THE WAY

 

HAPPY DAYS ARE HEAR AGAIN

 

BUT KEEP IT ON THE QT FOR THE MOMENT

[Martynandemma]

ITS 40 DAYS FROM RECEIPT ON TRACK AND TRACE

 

IF YOUR DEFAULT NOTICE IS THE SAME BY THE WAY

 

HAPPY DAYS ARE HEAR AGAIN

 

BUT KEEP IT ON THE QT FOR THE MOMENT

 

Oh yes!!! my default is EXACTLY the same no date on the front sheet & no date on the default notice part just says within fourteen(14) days

 

Making a very large list of mistakes & would so love them to try & take me to court or even pass me to a DCA

[Martynandemma]

Oh dear me welcome

 

They have sent me my docs today, now there are 2 serious problems with my credit agreements.

 

Agreement 2 has a different car listed to the 1 I was provided, it looks to me like a botched up attempt to recreate a lost contract & as I have an original copy of the contract in question I know its fake .

 

Agreement 3 is very very blurred but most important I have not signed it.

 

OK guys which book should I throw at them 1st ???

 

seriously though what is my next move ?

[postggj]

Marty

 

This Is Looking Like, Ok Ill Say Iy

 

Fraud

 

Seen It To Often From Welcome

 

Lets Play This Safe

 

Have A Quiet Word With Trading Standards

 

We Dont Want To Tip Welcome Off

 

I Would Think The Agreement Will Go Straight Out Of The Window

 

Lucky, Lucky You

 

Shows How Desperate Cattles Are Becomming

 

Tell Me

 

On The Suspect Agreement At The Top

 

Are There Any Letters To Show Its Been Stored Say On A Z Drive

 

If You Want

 

Pm Me The Two Agreements

[Martynandemma]

the top of the page is 0023F128 [http://www.amiserve2.com/ARCHIVE_1m/CAT68741......] & then a lot of numbers & letters. At the end is page 11 of 33 & 12 of 33 & 13 of 33 so where is the other pages then

 

EDM management are an online document archive company so the fake must have been made at some point after I signed the original agreement. I seem to recall a woman got me to sign agreement 2 & she left shortly after so maybe the dopey woman forgot to put in the correct details on the template as the car details go in number order (012345)

 

The question is what happens to paper that is archived electronically I assume it is shredded in which case, oops!!!. I am going to try & set up my scanner over the weekend so I will PM you what they have sent me.

 

Just read their cover letter it says as follows

re subject access request account number **** / *** / ***

 

thankyou for your letter received on 27th may 2009 making a subject access request

 

please find enclosed your agreement & statement of account held by WFS ltd in relation to account *** /*** /**

 

your request for data protection act is in process & all docs held with WF will be sent shortly.

 

if you have any further queries please do not hesitate to contact me at the above address

 

sincerly Mrinal Yardi, comp services

 

I take that to mean I have more paperwork to come not sure what that will be telephone transcripts perhaps

 

shame all my creditors are not this stupid

[Martynandemma]

ok fed up with welcome constantly annoying me.

 

Now the legal office tells me my car is in fact still in existance ??? They claim that they have checked the cars locality & it was looked at by a dealership last year!!!

 

I thought it had been scrapped!!

 

Now the guy is scaring the life out of me because he is going to imply that I sold it on & claims that I have defrauded welcome by not having the car insured at all times.

 

The guy seemed to know what he was talking about I know you guys said that welcome cant take me to court but I dont know enough to say i know what i am doing

 

as ever your help is greatly appreciated

[postggj]

how can you deraud welcome by having no insurance

 

this is talk of desperation by welcome

 

they will never put it in writing

 

during my court case with them, they tried to say i was at a different address than on the finance agreement when i signed it

 

judge threw it out

 

hang tight

 

we are with you all the way

 

its mind games again

[postggj]

why do you think the car was scrapped

 

was it in an accident

 

 

me thinks welcome as usual are talking hog wash

[Martynandemma]

the car was scrapped (or so i thought)

 

somebody took it away for me

 

the car was a write off as the cam belt went & it would have cost more to fix it than to cut my losses & buy another car.

 

I went to report it stolen but as i had no insurance docs I didnt think i could do a proper report

 

I have checked with dvla which says the following

 

 

Date of Liability 01 05 2009 Date of First Registration 07 08 1998 Year of Manufacture 1998 Cylinder Capacity (cc) 1988CC CO2 Emissions Not Available Fuel Type Petrol/Gas Export Marker Not Applicable Vehicle Status Unlicensed Vehicle Colour BROWN Vehicle Type Approval null Date of Last V5C Issued 20 07 2005 The information contained on this page is correct at the time of enquiry.

the original contract states that the car must be compulsory insured at all times.

 

This is why the guy is saying i have defrauded welcome. Also as i didnt report it stolen to the police he thinks i sold it on.

 

 

Now, I need some help here as I want to confirm a few points

1 the original contract was paid off with a refinance so none of the terms & conditions are enforceable

2 has anyone heard of this online thing where you can trace where a car has been (car dealerships etc although he told me the dealership didnt buy it???)

3 if this guy turns out to be lying is he guilty of any offence ??

 

look forward to your answers

 

cheers

[postggj]

Again

 

Its The End Of The Month And Welcome Will Say Anything To Meet Targets

 

 

Welcome Are Talking Crap As Usual, Dont Believe A Single Thing They Say

But Unless You Have A Telephone Recording, Not Much Hope Of A ComplaiNt

[postggj]

after you have uploaded the agreement into photobucket,

at the bottom of the picture is a box, click so a tick appears

 

scroll down to a link saying generate html code

click then scroll down to a link which says post on message boards with out thumbnail option

 

highlight and click copy

 

then go to your thread

right click and paste

[postggj]

hi marty

 

so far its looking good

 

on the agreement to modify the first, they have charged acceptance fee, a no no.

 

all you are doing is altering the ist agreement, its not another agreement, so why acceptance fee again.

 

where is the insurance rebate on the new agreement

 

ime going to have fun with this

 

sorry welcome (not)

[postggj]

on the agreement to modify the first, have you and welcome signed it

[postggj]

just the default notice now

[postggj]

more good news

 

the default notice as usual is crap

 

being a so called major finance company, they would know the law

 

 

cretins

 

feeling better now

 

by the way

 

with out prejudice means it cant be used in court

 

now i wonder why that is

 

cretins