welcome allege son made payment

[theshuffler]

Will try sort something tomorrow am , getting late now and the peepers are starting to go on strike . Just before i log off , 1 should the agreement have a reference number ? 2 should terms and conditions be on seperate page ?

[postggj]

ill be brief

yes there should be an agreement number

 

the t&c need to be with in the four corners of the agreement unless linked from the first page

 

ie 0001 and 0002 for example

 

me thinks you have a manufactured copy of an agreement which cant be enforced but i need to see it

[theshuffler]

Ok but this isnt a cca request one this is copy of original given when it was signed. The thing is it isnt signed in right place

[postggj]

as a ccj has been awarded, a cca request is no good

 

you need to send welcome an sar to see what they have

 

i have my own sar which i will now dig out

 

send to

 

welcome financial services

compliance

ruddington fields business park

ruddington

nottingham

ng11 6nz

 

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

[theshuffler]

Have arranged a scanner for tomorrow morning , hopefully shed some more light on the matter , thanx for everthing so far , should have it sorted by 11am

[kiptower]

as for scanner drivers

 

it seems they have never been updated since Windows ME , lots of requests around for the drivers, only links that are working will give you Driver Detective and not the driver, dont download it , you have to pay to use it and it still wont find the driver

[brassed-off-2]

Hi Shuffler

Can you give us any background info on how the ccj has come about?

the more info you can give us, the better equipped people are to give you advice.

Have you done a sar on welcome?

can you scan up any relevant docs? minus personal info of course..use photobucket to do this.

[theshuffler]

No joy with scanner ,

have tried 3 all old ones doesnt seem to be updated drivers available.

 

 

what i have here is an unsigned agreement and a letter from welcome finance saying Re personal loan account number *****

With regards to the above account please find inclosed your legal agreement,

 

 

On the agreement it says for your information only you do not need to return this to us.

The box that should contain the signature agreeing to the terms and conditions is blank .

 

 

This agreement is an exact copy of the agreement ,

the signature on it is in the wrong box ,

the box with the signature does not refer to the consumer credit agreement

but refers to understanding that the products (extras) are provided on credit

all be it there are no boxes ticked to select any extra insurance etc.

 

 

Surely no signature no agrement . the letter is dated 23 may 08 the agreement date 9 may 08

Edited November 15, 2009 by theshuffler

[ODC]

Shuffler

 

I think that you need to get the ball rolling about getting the CCJ set aside even at this late stage. Then on Tuesday you or your son can get up and swear under oath that you are taking legal action to have the CCJ Set Aside and request the hearing for the Charging Oreder be adjourned until the outcome of this Set Aside

[theshuffler]

Do you think that my ealier post that i had drafted for the judge to read would be suffice mate ? I know in my heart he wont be much good at talking , but like i said im off to work late tonight and doubt if i will be back by tues.

[postggj]

i am not being nasty with this comment but you have a charging order one step away to be enforced

 

you stand a very good chance of getting tis ccj set asside, and now you say you doubt will be back by tuesday, the day of the hearing

 

if it was me i would move hell on earth to get that agreement scanned up,

try phoning your pals

 

its hard enough with out this

[theshuffler]

Am trying to get scanner have phoned around , actually going to install xp on my computer to see if one of these will work. this isnt my case its my sons its him that has to go to court , im a hgv driver i just cant stop mid run to drive 3 or 4 hundred miles to help him out .

[postggj]

Like I Said

 

Not Being Critical But The Legal System Takes No Prisoners

 

Strict Time Scales

[ODC]

Shuffler

 

Could he not get afford a solicitor to attend on Tuesday to seek an adjournment pending the Set Aside of the CCJ. It might be a wise investment. Welcome will not be expecting it. They will just be expecting your son to roll over

[noomill060]

Tell your son if he wants to stand a chance of saving his home, to get himself to any public library and use their scanner.

 

He can probably get the CCJ set aside, but he has to pull his finger out.

 

No sympathy if he cant be bothered.

[theshuffler]

1 agreement and cover letter posted out on 25th may 08 Pictures by shuffler_album - Photobucket

[theshuffler]

think camera pic was better . text unreadable on agreement , very small print

[postggj]

7your Telling Me

 

Ill Let An Imaging Cagger Advise On That

 

Now We Will Do It The Hard Way

 

On The Agreement Look Under The Car Section

Was Any Deposit Paid, On That Part I Doubt It

 

Now Look To The Right Which Will List Insurance Such As Ppi,

 

Are And Deposit Or Trade In Added On That Part

[kiptower]

XP may not be the answer for the scanner, as there was never a XP driver done for it , most of the posts around are people looking for XP drivers for that scanner, and not had any luck,

[noomill060]

Shuffler- is your son anywhere near the Hub of the North? If so, maybe I can help with the scanning.

[theshuffler]

I stated this in an earlier post this is not a car loan .

 

 

The crux of my argument is there is no signature in the box where it says

" This is a credit agreement regulated by the consumer credit act 1974

sign only if you want to be legally bound by its terms .

Its not signed .

 

 

Welcome have sent this out as his copy of the agreement ,

obviously they have taken a photocopy of the original .

 

 

So this is what welcome or their solicitor have as well ,

they cant dispute the fact ,

they state on the cover letter here is a copy of your Legal Agreement.

 

 

The box that has a signature in it does not relate to the credit agreement .

Its not a signed agreement .

 

 

But how do i go about stopping their charging order on tues

and begin to get the ccj set aside.

[theshuffler]

have it scanned nomillo but the text on the document is tiny i have to strain the peepers when i have it in my hand . I have posted above what the document doesnt contain in the proper place. The bit that makes a signed credit agreement legally binding A SIGNATURE

[kiptower]

you may need to scan it in a higher resolution eg, 300 dpi

 

most scanners default to a lower setting 72 / 150 DPI

[postggj]

Bit Confused There

 

So Its A Welcome Personal Loan

 

Me Thinks Welcome Have Lost Your Original Agreement

 

What They Have Done To Comply With The Cca Request Etc Is Send Out A Reconstructed Agreement. This Now Complies With The Request. Its A Copy Of What You Would Have Signed Minus Your Sig Etc

 

But They Need The Original To Enforce

 

Realy Do Need To See The Agreement Now

 

This Means No Charging Order Or Ccj

[theshuffler]

The agreement that i have in front of me is not from a cca request ,

 

 

the agreement was sent out 2 weeks after the loan was agreed .

 

 

Welcome state on their cover letter that this is his copy of a legal agreement,

 

 

this is exactly what they have .

 

 

the loan was dated 09/05-08

 

 

the letter with the document was posted out to him 25/05/08.