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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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I have a historic debt with Welcome Finance

 

which, after a prolonged period of time, has gotten back in touch with me.

 

Having read a few posts on this site,

I think there may be a few options I can look into with regard to possibly reducing the balance on this debt.

There is quite a long story here, so let me explain as best I can....

 

18 Aug 2001:

 

Purchased 2nd hand car from Direct Car Finance.

Finance provided by Welcome Finance.

No PPI.

Shortfall Insurance also taken out for full loan term.

Breakdown and recovery insurances also taken out, not for full term. Loan repaid erratically.

 

?? May 2002:

Car stolen and not recovered,

motor insurance paid out for a total loss.

Shortfall insurance also paid out.

Both lots of money went to Welcome against loan balance.

Loan continued to be repaid erratically.

 

April 2003:

I signed a new loan agreement to enable the balance to be used to pay off the car loan,

which now had no security as the vehicle was stolen and I was left with an unsecured loan to pay off.

I have in my possession a full list of transactions on my account from inception to this date.

 

Jul 2005:

After once again falling behind with my payments,

I signed another new loan agreement.

If i recall correctly this was to allow me to reduce my payments by taking the balance over a longer term.

 

May 06: Last payment to Welcome I have a record of.

 

Jan 2007:

Moved house, lost contact with Welcome, heard nothing from them until March 2010 when a letter from Willen arrived.

 

I have my copies of the Aug 01 and Jul 05 agreements.

I also have a large number of cash receipts from payments I have made, probably most but definitely not all of them.

I have the vast majority of correspondence from them.

 

I have read reports of some people having success in defeating Welcome due to incorrect clauses in the Credit Agreements.

The two agreements I have clearly state that PPI is not a part of the agreement,

and I think it is extremely unlikely I have it on the 3rd agreement.

It is over 6 years since my last payment to Welcome, if my final receipt is indeed the final one.

 

My frustrations are two-fold.

 

Firstly, despite a large total amount of money being paid to Welcome by me,

and additional payments from the motor insurer and the shortfall insurance company, I still owe over £2000.

 

Secondly, Welcome were a rude and scary company to deal with, to the extent that I had cause to place a written complaint with witnesses to them regarding a DPA breach in 2004.

 

To be totally honest, I am sick of this having been a millstone around my neck for over a decade now

and am looking for any way I can to reduce / clear the balance,

perhaps with reference to the original agreements,

charges applied, statute of limitations, etc.

 

The end-game I am looking for is where this shows as fully settled and satisfied on my credit file,

and I am prepared to negotiate some sort of settlement to achieve this if I have to, but would like to explore all the options.

 

I have scanned and uploaded copies of my loan docs, but unfortunately cant attach the link due to a low post count.

 

Thanks in advance for any help anyone can offer.

I am just a bit confused as to what my options might be....

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If your last payment was May 2006 and you have not acknowledged the debt in writing since that time then this is statutory barred surely?

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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The default date on my credit file is 1/1/2010.

 

The DCA are stating that this means they can legally pursue until 2016.

 

I know I could contest this through proving payment/contact etc in last 6 years did not take place,

but this course of action would only get them off my back (am to be honest they aren't annoying me much)

and I would like to look to ways I can get this settled on my credit file before 2016.

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That is a ridiculous amount of time to wait before putting the default on your file.

 

Did Welcome not default you earlier?

 

And the DCA is wrong.

 

Time to SAR Welcome I think to find out what the situation with the default dates are.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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I dont remember seeing a default on my credit file from them. I tend to retain correspondence for ever and ever (am certainly sure while I might lose a receipt or reminder letter or two, I would have retained a default notice). Honestly dont think they ever took that step.

 

Wouldn't a SAR just reveal copies of what I already have in my loan agreements?

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SAR to Welcome would give you ALL of the data on your account and what they did with the account etc. etc.

 

Might be something in there that you are unaware of.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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sad story

 

typical of welcome sadly.

 

if you've not got all the WELCOME statements

then you must SAR them

 

prob , might, knowing them

 

to be able to get them on historic PENALTY charges

 

welcome charged for EVERYTHING from letters/phonecalls/ unanswered phone calls/ debt advise/manager meeting

 

and you're in the right period for that too.

 

we should be able to PROVE the extra loans were not needed by their excessive charges.

 

if you get your noddle report

that should show historic payment details

 

so you should be able to asertain your actual last payment.

 

can you scan up the agreements you have

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 years later...

Hi,

 

I would like to join the queue of people complaining about these idiots:evil:. In fact, I already have complained:-x. I complained around 5 areas:

 

1: No affordability checks were carried out :mad2:

 

2: Shortfall Insurance product did not achieve what I was sold it to do :shock:

 

3: Mis-selling of financial products (loans) subsequent to initial loan, continuing to add interest to interest as loans were rolled over. :evil:

 

4: Additional charges e.g. late fees, telephone call fees, letter fees being excessive and not backed up by evidence of letter sent or call made.

 

5: Statutue of Limitations should be in force as no contact between 2006 and 2012. Collection activity subsequent to 2012 was illegal as barred by statute. :-(

 

Note there is no PPI here.

 

Welcome received formal letters of complaint in March 2015.

Final Responses from Welcome were received in April 2015.

 

 

They rejected every single apsect to my complaint

and hid behind their claim that they are unable to investigate d

ue to the Scheme of Arrangement being in force,

as well as a few other flimsy reasons.

 

 

I took the matter the the FOS who called me yesterday to advise:

 

1: the loan was taken out prior to 2007 and the FOS have no remit to look at cases pre-2007.

 

2: Welcome Finance's Scheme of Arrangement prevents me from being compensated for anything in the period 2007 - 2011 (I think, he may have said 2014).

 

 

My coutner-argument to this, based on the legal wording of their Scheme of Arrangement, would need to be considered by a judge, not the FOS.

 

3: Neither the FOS or Welcome are able to declare a debt statute barred.

This can only be achieved by having my case heard in court in front of a judge.

 

Given the buch of horrors and scoundrels they are at WFS:evil::evil:,

I would have hoped for a more postive outcome.

In fact, I'm a little upset that the FOS are not prepared/able to look at any aspect of my complaint.

 

However, I need to decide what to do.

 

 

The O/S bal is £1397, interest etc all long frozen,

debt currently with Hoist Portfolio Holding:mad2:/Robinson Way:x.

 

 

Paying this, on a small monthly payment until done, is not a problem, apart from I dont want to.

 

I think I am only left with pursuing Welcome through a court,

and would probably feel that small claims would be best.

 

 

While I am reasonably experienced at haggling with debt agencies,

post-FOS action is territory I am totally unfamiliar with

and would appreciate any advice you have to offer.

 

Thanks :wink:

 

Andrew

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old and new thread merged

 

 

why did you not simply stop paying in 2012 when advised it was already statute barred??

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

No-one "advised" me it was statute barred.

 

 

If I recall, I began paying simply as I had reached a point around 2012 where I was dodging debts left right and centre, and begun token payments to a number of debtors.

 

 

Some I had no dispute with and have since paid off in full.

I begun repaying as I was not trying to dodge the debt,

I wanted to improve my general financial position by paying things off and move on.

 

 

I didn't and dont dispute that my signature is on the loan documents

and made payments of around £900 in 2014/15.

 

 

However, as I got more in control of finances again, I wasn't struggling to manage things as much so I had the time to look into some debts I had concerns about and raise two complaints to the FOS.

Welcome was one of these.

 

I appreciate there may have been things I could have done differently in the past

that may have resulted in a different outcome today.

 

 

I will say, in my defence, that dealing with these miserable creatures is so damn stressful

that I'm note often the most level-headed when it comes to this debt.

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well I can see 4 direct references to the debt being statute barred in the merged old thread.

 

 

but sadly you disappeared so whats done is done.

 

 

bottom line is you've been had.

 

 

if it were me.

I would not pay this

and let HPH2 ltd take you to court

 

 

then the whole thing will be looked at

 

 

I bet they'll not argue its sb'd

and fold

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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