How successful are WF at finding old CCAs?

[Blaz]

Was the amended agreement a rewrite of the original agreement or a new joint account created.

 

It says on the second agreement "amount used to settle existing loan agreement" I thought at the time it was a rewrite but it seems it was a completely new "joint account" agreement. The last agreement also states "amount used to settle existing loan agreement" which is strange as I thought at the time the just needed mine (and my x-partners) signatures to split the monthly repayments - youll see in the final agreement they've also removed medicare , lifecare and PPI. All three have "acceptance fees" are they even legal? Im sure I read WF have got into trouble for that?

 

When did you personally make any payment or written acknowledgment of the debt?

Nov 2009

 

I think you will also have to make a SAR to Welcome this will at least throw some light on the disappearing PPI for one thing.

What is a SAR? If i request one how will it benefit me and will it reveal if they have the CCAs?

[BRIGADIER2JCS]

It says on the second agreement "amount used to settle existing loan agreement" I thought at the time it was a rewrite but it seems it was a completely new "joint account" agreement. The last agreement also states "amount used to settle existing loan agreement" which is strange as I thought at the time the just needed mine (and my x-partners) signatures to split the monthly repayments - youll see in the final agreement they've also removed medicare , lifecare and PPI. All three have "acceptance fees" are they even legal? Im sure I read WF have got into trouble for that?

 

 

Nov 2009

 

 

What is a SAR? If i request one how will it benefit me and will it reveal if they have the CCAs?

 

 

 

 

Yes you are correct.

SAR = Subject Access Request made under the Data Protection Act 1998 to request ALL the personal data the creditor holds on an individual. 1.e. details of all accounts with that creditor anything that can clearly identify you personally, it will not produce data relating to a 3rd party e.g.your ex.

 

 

The "insurance" information may be of value to you for reclaim purposes.

 

 

Welcome have 40 days to comply, there is a £10 stat fee to pay.

 

 

Use the template from the CAG library for this. Send by signed for post.

[Blaz]

I sent my CCA request to Lowells on Saturday and today my dad had two missed calls and message from "Advantis" saying to call them URGENTLY .... are they anything to do with Lowells?

 

Also I signed my CCA, should i be worried about them scanning it? I used a signature that i never use, I have the original contracts that I signed and i made sure NOT to use that signature - so if they do scan it i'll know.

[renegadeimp]

Ignore any phone calls

[dx100uk]

old and new threads merged

 

 

you were advise d before to SAR welcome

 

 

did you do this?

 

 

I would expect the PPI and its rollover will wipe this debt?

 

 

did you ever progress the reclaiming?

 

 

dx

[Blaz]

old and new threads merged

 

Wow completely forgot about that thread, thanks!

 

you were advise d before to SAR welcome

 

did you do this?

 

I'm going to SAR welcome when I get paid at the end of the week,

would WF still have details on me,

its been more than 6 years and someone told me the Data Protection Act means they have to get rid of my information.

 

I would expect the PPI and its rollover will wipe this debt?

 

did you ever progress the reclaiming?

 

No I left it alone,

figured id try go for the SB and it wasnt clear whether going for PPI would reset the clock.

 

 

I'll see how the CCA request gets on first,

if they do find it and I have to pay this back

then I'll look into getting the PPI from the first and second agreements (and the interest) knocked off the total balance.

 

 

So knocking off PPI and other charges for silly services such as life and medicare the acceptance fee etc .

.. that should bring the total right down!

[dx100uk]

get that sar done

 

 

you should have done that years ago

 

 

dx

[Blaz]

"Dear Sirs,

 

Ref: xxxxxxxx

 

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before actionicon. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

 

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

 

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

 

I require copies of the following:

 

The original credit agreement;

The Default Notice;

The Termination Notice;

The Notice of Assignment;

Statements of account;

 

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the consumer crediticon Act 1974. A request has been made under s.77 on xx/xxxx/2014 and I am awaiting a response.

 

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

 

Yours sincerely,"

 

I sent the above letter to BW Legal which also had a copy of the CCA request i sent to Lowells included with it. I got a reply today

 

We confirm we have received your request for documentation under s78 of the Consumer Credit Act 1974. We have referred your request to our client. Our Client may have to refer your request to your original creditor. Accordingly, the documentation will be forwarded to you upon receipt.

 

We will seek to ensure that the information you have requested is provided within 12 days, however that is contingent on receiving the documentation from your original creditor within the aforementioned timescale.

 

So far so good i think, although no reply from Lowell!

Edited September 26, 2014 by Blaz