DLC after old WElcome Finance DEbt **FOS COMPO + DEBT CLOSED**

[mikeymack2002]

Also if they put this quote in writing you need to keep it very safe

 

 

"DCA's argument:"

 

'With regards to any disputes on the account,

we hold separate records for you and Mrs

… it may have been the case, as in your most letter, as you state the account reference ........

 

.... only; we took this as the account was being disputed by yourself only.

 

Your recent letter contains both names and as a result we have noted our records confirming that both parties are disputing the account'.

 

Because this is a joint credit agreement then you/both can make the complaints but the DCA Must deal with you as a "Joint"

so demand they address this issue as well, but at a later stage, in as much as let them complete

1 complaint at a time then move on to the next till they get it right keep all letters from the DCA

as like this one they will be very handy and needed for for future reference please try to use the following

 

 

I/we when dealing with this joint debt then put both of your names at the end of the letter from now on ok

[MONTY]

Yes. Since this issue arose we have put both our names to each and every letter. All letters are kept.

[mikeymack2002]

Glad to have been of service to you Monty please keep us up to date as and when you can

 

 

Thx Mike

[MONTY]

Letter of complaint and SAR delivered 05.12.2014

[MONTY]

I have found the T&C amongst the SAR return from the current DCA. Because the copy of the CCA was so poor I have written this out.

 

Any advice greatly appreciated

[mikeymack2002]

Hi Monty just a quickie was the life care compulsory at time of signing as welcome tended to do this even if you did not want it? this was loaded very high

 

 

Page 2 first 2 boxes how many fees in total were added during the agreement?

[mikeymack2002]

What the heck was this quote added for?

"You have no right to cancel this agreement under the Consumer Credit Act 1974, The Timeshare Act 1992 or the Financial Services (Distance Marketing) Regulations 2004."

 

Will this mean it was an unfair contract as you did not have any recourse to cancel even after a very short time?

 

Then just underneath it this quote

"If you exercise your right to settle this agreement early you may expect to pay, if you settle: After a quarter of the term has elapsed After half of the term has elapsed After three quarters of the term has elapsed"

 

This is a conflict within the contract and contradicts its self. Maybe some else will comment on this one very strange.

 

 

Also did they sell you the "GAP" insurance as well can you verify this please

[MONTY]

Hi Monty just a quickie was the life care compulsory at time of signing as welcome tended to do this even if you did not want it? this was loaded very high

 

 

Page 2 first 2 boxes how many fees in total were added during the agreement?

 

No insurances were taken out or charged for with this account.

 

 

I am still adding them up but there is circa £1000.00 added between first DN and that being claimed today.

 

 

It is confusing as the amount has varied between DCAs (up and down).

[MONTY]

What the heck was this quote added for?

"You have no right to cancel this agreement under the Consumer Credit Act 1974, The Timeshare Act 1992 or the Financial Services (Distance Marketing) Regulations 2004."

 

Will this mean it was an unfair contract as you did not have any recourse to cancel even after a very short time?

 

Then just underneath it this quote

"If you exercise your right to settle this agreement early you may expect to pay, if you settle: After a quarter of the term has elapsed After half of the term has elapsed After three quarters of the term has elapsed"

 

This is a conflict within the contract and contradicts its self. Maybe some else will comment on this one very strange.

 

 

Also did they sell you the "GAP" insurance as well can you verify this please

 

I did wonder about this wording - all very confusing.No insurance was sold with this account.

 

I note that they originally denied all knowledge of my original CCA requests ( x 3),

yet at least one was to a DCA which is part of the same group - Cattles.

 

 

I have never seen their formal response to the ICO (when they upheld my complaint) until the recent response to my SAR.

 

 

Effectively, they have not been truthful.

[dx100uk]

I have found the T&C amongst the SAR return from the current DCA. Because the copy of the CCA was so poor I have written this out.

 

Any advice greatly appreciated

 

 

can you please upload these as PDF

 

 

dx

[MONTY]

can you please upload these as PDF

 

 

dx

 

Done in Post 55

[dx100uk]

T&C's are still jpg?

 

 

is this the ONLY loan you've had with welcome?

 

 

that doc is too pristine to be the original.

[mikeymack2002]

looks like the OP has created this document as the original is a naff copy?

[MONTY]

T&C's are still jpg?

 

 

is this the ONLY loan you've had with welcome?

 

 

that doc is too pristine to be the original.

 

Please find attached T&Cs in PDF. Yes - only loan with Welcome. are you referring to the CCA as 'pristine'? I reproduced the text as the copy provided was so poor

[theoldrouge]

[ATTACH=CONFIG]54793[/ATTACH]

 

Please find attached T&Cs in PDF. Yes - only loan with Welcome. are you referring to the CCA as 'pristine'? I reproduced the text as the copy provided was so poor

Let's see the actual copy they sent you

[MONTY]

Let's see the actual copy they sent you

 

See earlier post and PDF of original CCA

[dx100uk]

is my screen upside down

 

 

that's not ALL the T&C's required

 

 

something is wrong here

[MONTY]

is my screen upside down

 

 

that's not ALL the T&C's required

 

 

something is wrong here

 

The CCA is Form 1.

The Legal Charge is Form 2 and

 

 

I am reposting the T&Cs (hopefully right way up this time!).

 

 

After 3 x CCA request I was finally provided Form 1 only - no T&Cs, no form 2 by the then CCA on the 12.04.2012.

 

 

I was only provided a complete set (attached) by the current CRA on 05.11.2014.

 

 

There are other forms a 'Demands & Needs Statement' (Form 7)

which relates to various insurances we never took out.

 

 

A Form 8 - Payment Breakdown Statement of Price (No T&Cs in this document).

 

 

A Form 9 - relates to broker fees

[dx100uk]

pers I don't think those sheets meet the CCA request requirement

 

 

I'm sure there are T&C's missing

and I think those charges are wrong too , should they not be £12 by that time - 2008?

[MONTY]

I agree. The wording of my CCA requests were:

 

Please take this letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. Please provide me with the following documents:

a. Copy of original agreement

b. Default Notice

c. Full and complete statements of account

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

 

My multiple request were never complied with

[dx100uk]

that's not a CCA REQUEST

[MONTY]

that's not a CCA REQUEST

 

It is an extract from one I used at the time, provided by this website

[MONTY]

letter received today address to my wife only (See Post 47,48,49 & 51), from the DCA,

acknowledging receipt of the complaint and promising a response within 5 days,

once they have had the opportunity to fully investigate the points raised.

 

Not sure if this is five days from the date of the letter, in which case this would be 13.12.2014,

or 5 days from the completion of their investigations.

[dx100uk]

It is an extract from one I used at the time, provided by this website

 

 

ideally the CCA template should not be adapted

[MONTY]

ideally the CCA template should not be adapted

 

I don't think it was adapted. However, the complaint was acknowledged by the then DCA who provided Form 1 - nothing else