Welcome/coast financial

[edwi69]

cheers

[edwi69]

just received a letter from welscum saying they have charged my account twice in the same month for the same returned direct debit,not bad as my account is in dispute and for some reason my balance is now 200 pounds less since it has gone itno a dispute.

theses guys really are muppets:D

[edwi69]

Hi

My Account Has Been In Dispute For Two Weeks So Far Due To Not Receivng My Agreement Under The Cca And They Keep Calling And Saying My Direct Debit Has Bounced And Every Time I Tell Them The Account Is In Dispute And I Am Not Paying A Penny Untill The Issue Is Resolved And They Keep Trying To Get Things Out Of Me By Asking Is It Anything To Do With Us Or Is It Another Company Or What Because We Dont Know Why Your Account Is In Dispute.its The Same Person That Calls Me Every Time But I Have Said Its Now Time To Issue The Harrasment Letter As I Have Said Several Times Now That I Only Want Contact Via Letter.

What Muppets.

[edwi69]

Hi There

I Have My Account In Dispute With Welscum Due To No Cca,my Local Branch Have Now Phoned Several Times Pestering For Payment Although I Had Told Them When They First Phoned The Only Contact I Wanted Was Through Letter.i Am Going To Send Out Harrasment Letters Tomorrow But What I Need To Know Is Do I Send Them To My Local Branch Only Or To Compliance Aswell Or Just Compliance,they Will Be Sent Recorded And Unsigned.

Help Would Be Much Appreciated.

Cheers:D

[brassed-off-2]

Hi Ed

To compliance..recorded..the branch will hassle you for a while, just state account in dispute contact compliance dept..and hang up..they try anything to get money..just be strong!! they will eventually get the message and crawl back under their rock.

[edwi69]

many thanx brassed-off-2

[edwi69]

Hi There

Can Anyone Help, My Account Is In Dispute Due To Non Cca But Today I Received A Letter And Some Key Financial Information Sheet And The Letter Says.at The Current Time We Are Only Able To Partially Fulfill Your Request And Are Not Able To Provide You With A Copy Of Your Agreement.in The Meantime,we Can Present The Following Information That Is Material To Your Agreement.we Appreciate That We Should Be Providing A Copy Of Your Agreement,i Do Apologise That We Have Not Been Able To Fulfill This Request.however The Information Above Would Have Been Clearly Stated On Your Original Agreement.i Hope This Information Will Suffice For Your Purposes.

Your Faithfully

Compliance Services

 

There Are No Signatures Or Dates Ect Just A Printed Out Letter.

Could Some One Please Help

Edited November 3, 2009 by edwi69
mispelt words

[tigga_1961]

no cca = no agreement keep acct in dispute they cant do anything until/if they provide a cca. regarding welscum stating this would of been on original agreement if you aint got it you aint got it dont tell them muppets otherwise and keep that letter safe

[edwi69]

CHEERS tigga 1961

did they really think i would settle for that.you help is well appreciated and i would say they either lost it-shredded it or its too naughty to present.

regards

[edwi69]

Hi there

can anyone give me some advice on what to do,

 

i put my acc into dispute on the 16-10-09 and cancelled the d/debit that was supposed to go out on the 19-10-09 and my local branch phoned and i told the the account was in dispute and hung up.

 

theN i had a letter for compliance the other day say they cannot fulfill my cca request and cannot provide me with a copy of my agreement so i am leaving the acc in dispute

 

i received a letter from welcome today saying notice of default sums,i am being charged 25 pounds for the cancelled d/debit but i thought while an acc is in dispute they cannot charge me.

 

could someone please assist me

 

regards:confused:

[Fester Tester]

Well, KEEP that letter from compliance. Frame it and gaze lovingly at it.

 

Because since they have admitted that there IS no agreement, they have shafted themselves.

They cannot now enforce the debt.

 

I would write to tell them that unfortunately, you have no option but to suspend payments until such time as they can find the agreement.

At which point you will be happy to negotiate with them once again.

 

Having said all that, when did you take out the loan?

Before or after April 2007?

[edwi69]

hi fester tester

thanks for your advice

yes the loan was taken out in november 2006,

does this mean anything though

regards

Edited November 17, 2018 by dx100uk
format

[maroondevo52]

Hi, edwi69.

 

You could edit this letter and send it to them.

 

 

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/579-letter-when-dca-refuses-to-comply-with-a-cca-request

 

Regards.

 

Scott.

[edwi69]

Hi maroondevo52

many thanx for that i will edit and get in the post to them via recorded delivery.

i appreciate you help

regards

[Fester Tester]

Might I make a small observation...

 

if a creditor is unable to supply an agreement in response to a request, this does not mean they have failed to comply, since the Act only requires them to produce one IF ONE EXISTS.

 

Since they have complied by their admission of not having an agreement to produce, then you would not be entitled to the return of the £1 fee.

[edwi69]

Hi Fester Tester

you replied to a post that i sumbmited the other day saying was the loan taken out befor april 2007 and yes it was taken out in november 2006 does this mean anything.

regards

[maroondevo52]

Hi,

 

The old Consumer Credit Act, which was replaced in 2007, had flaws that meant contracts issued by credit card companies were not watertight.

 

This means that there are a number of cases where customers are entitled to redress.

 

The 2006 Act repeals these provisions with the result that a court will have the power to determine in its discretion whether agreements are enforceable regardless of the breach in question.

 

Unfair relationships

 

The following changes will come into effect for new agreements on 6 April 2007. There will be a one-year transitional period (i.e. until 6 April 2008) before the unfair relationships test applies to existing agreements.

 

These provisions will have significant implications for creditors. The 1974 Act gave the court the power to re-open an “extortionate credit bargain”. Under the 1974 Act, a bargain was characterised as “extortionate” if at the time the agreement was made it required the debtor to make payments which were grossly exorbitant or otherwise grossly contravened ordinary principles of fair dealings.

 

The 2006 Act abolishes the current regime and provides that a court will be able to consider whether the relationship between the creditor and debtor arising out of that agreement is unfair to the debtor because of the terms of the agreement, the way in which the agreement is operated by the creditor or any other thing done or not done by or on behalf of the creditor before or after the agreement was made. The court may now take into account all matters it thinks relevant relating to the creditor and debtor in making its assessment and is provided with a broad range of remedies to address the unfairness.

 

Regards.

 

Scott.

[Fester Tester]

Or in other words, you may rely on S.127(3) of the CCA 1974, since the removal of that section in the 2006 amendments was not retrospective.

 

Without an agreement of any sort, Welcome would be wasting their time trying to take you to court, as a judge is precluded from enforcing the debt.

[edwi69]

Hi Guys

received a reply from my harassment letter they received monday uploades via my scanner so dont know how they will come out.

 

there is two scans of my harrasment letter reply and there are two letters from my cca request.

could you let me know what you think.

the harassment reply is rollocks as when they were phoning it was to ask me to set up my direct debit and continuing paying them as for the arrears my local branch said it was 398 not 98 like compliance are saying

 

href="Pictures by edwi69 - Photobucket

[Sol]

And there's the reason Welcome never reply in writing - they don't have staff capable enough to write letters in an official way. That letter they sent you was full of mis-typed words!

 

You're very lucky, it does appear they don't have your agreement and therefore, they can't pursue this debt. Simples!

[edwi69]

hi there

and cheers for that,they really are muppets sol

[Sol]

Yep that's the type of company they are. Have you written back to them advising that they haven't fulfilled your CCA request?

[edwi69]

Hi

no i havent yet i just need to find a template for that but dont know what it will be called im not that clued up on this yet

regards

[Sol]

I'm not sure if there is one. It'd just be to tell them that they are indeed harrassing you as you have withheld payment until they provide you with your CCA and that you'll report them to the OFT and Trading Standards if it continues. If you need help just yell.

[edwi69]

many thanx for the info sol

regards edwi