two welcome finance loans

[dadofholly]

Then they have not complied with the S.77 request

 

If you have not sent them an account in dispute letter already do so - if you have already sent it you can write to them and remind them off this fact.

 

You could also mention that you have pointed out CPUTR 2008 in your previous letter and that by them stating they have complied with a valid S.77 request they are attempting to mislead you, which is against CPUTR 2008 and OFT guidlines on debt collection.

 

Have attached a link showing what they shgould send you to comply with a CCA request.

 

S.78 request requirements.pdf

[Bazooka Boo]

Yes 8 weeks is the MAXimum time limit they have to sort out your complaint, when they don't you can automatically escalate your complaint above their heads.

[toshyboy]

Who would I escalate this too if i dont get a reply after 8 weeks?

 

Cheers dadofolly - i'm a little confused though - should i wrote a letter informing of dispute with welcome or to say they havent complied fully with request. Or indeed both??

[dadofholly]

Just that they have failed to comply with your CCA request.

Here is the letter template - just amend it for your needs.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[toshyboy]

Thanks for your help guys. I'll get that off in tomorrows post.

[toshyboy]

Hi Guys

 

Got a further letter today dated 27th October. Exactly the same as the one I received on 25th which was dated 20th October, with a 1 page credit agreement attached.

 

I didnt send my reply to the 1st letter/agreement I received until 28th so to get another copy is quite strange

[BRIGADIER2JCS]

Can you post up the agreement after removing

any identifying details??

[toshyboy]

Cheers guys

 

welcome.pdf

[BRIGADIER2JCS]

Are all the Ts & Cs included in the document.??

 

Brig.

[toshyboy]

Hi Brig

 

This is literally all i got attached to a covering letter from mckenzie hall requesting payment in 7 days

[dadofholly]

Did you send the account in dispute letter? if not send it asap, they have still not complied.

[BRIGADIER2JCS]

I'm finding a huge number of Welcome

contracts popping up, some with years

of non payment BUT never defaulted,

loads of rewrites with the RW never signed

by them and never actioned.

This company has be run by gremlins IMO

[dadofholly]

Brig You are not far wrong - the lost their CEO some directors and senior managers after they was found to have a £750 million black hole in their accounts.

 

They now only exists to collect because their financial backers were RBS, (now publicly owned). They have even defaulted on the PPI repayments and the tax payer is picking up the bill for that.

[toshyboy]

yeah, i sent it at the weekend

 

Hi Brig, excuse my ignorance but what is the RW? Thanks

[BRIGADIER2JCS]

Welcome had a handy but dubious ploy

of offering debtors who were in difficulties

rewrites of their loan agreements which were

to say the least detrimental to the debtor

these rewrites were often improperly or

never signed or executed and are basically

worthless.

 

Brig.

[toshyboy]

Should my agreement have not been signed by a witness as their is a space for that at the the bottom of the agreement?

[BRIGADIER2JCS]

Indeed so it is not always shown on agreement

now adays but often in the past a witness to the

debtors signature was part of the contract if this

has been ommitted the contract is open to challenge

in my opinion.

Often with Welcome contracts it seem another member

of their staff would witness the debtors signature, also

open to challenge.

 

Brig.

[toshyboy]

Interesting I wonder if thats why they havent sent me the t & c's

[dadofholly]

They wont have the T&C's because they only ever copied the front page.

[BRIGADIER2JCS]

This is why they are in the deep brown do do now!!!

[dadofholly]

Yep they certainly are.

[toshyboy]

be interesting to see how MH respond to my letter if they cant get the information

[dadofholly]

Thats their problem - but no T&C's means they cannot enforce the debt.

[toshyboy]

Hi guys

 

To update received a letter yesterday from MH saying they will request information from Welcome and should they not receive a response in 40 days they will pass the file back to them.

 

I was just wondering, if MH dont produce the documents and it goes back to Welcome is it still deemed "unenforceable" or would that just apply to MH.

 

After reading that Welcome now only deal in collections, my worry is if it goes back to them from MH that they would immediately issue against me to try and recover.

[dadofholly]

No if it is in dispute it is in dispute - if welcome try it on just send them a copy of the original CCA request and dispute letters. Don't matter wh it is they cannot enforce the agrement without the T&C's.