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edwi69

Welcome/coast financial

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HI THERE Kerry710

YES YOU NEED TO SEND A SUBJECT ACCESS REQUEST AND SEND A 10 POUND POSTAL ORDER AND YOU WILL NEED TO DO A CCA AND SEND A 1 POUND POSTAL ORDER SEND THEM SEPERATELY AND MAKE SURE THEY ARE RECORDED DELIVERY AND DO NOT SIGN THEM THIS IS A BIG NO NO! I WILL PUT THE ADDRESS BELOW WHERE YOU NEED TO SEND THESE,THEY DONT GO TO YOUR LOCAL BRANCH.

THE TEMPLATE LETTERS ARE ON THE FORUM FOR THE SAR AND THE CCA.

HERE IS THE ADDRESS

 

Welcome Financial Services

Compliance

Mere Way

Ruddington Fields Business Park

Ruddington

Nottingham

ng11-6nz

 

regards edwi69

 

I realise this is an old thread but I sent an SAR without a signature, and they sent it back along with my postal order stating that without a signature it could not be processed. Any thoughts?


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hi there

thats a load of rollocks all you need to do is initial the letter whatever you do dont sign anything for them because you will of given them what they wanted.

Regards

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Hi Ed,

 

Thanks for the reply. I have read this entire thread 3 times now with great interest.

I am in the same boat as you with Welcome.

I am still in the begiining stages though.

 

I have received a letter stating ppi was mis-sold but the amounts I am not sure are correct.

I have yet to receive my SAR or CCA, but they still have time to respond so I wait.

 

Anyway it looks like you are winning the fight so well done!

Hopefully my thread wont have to reach 20+ pages before I get a result. :)


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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HI ALL

JUST IN CASE ANYONE DIDNT GET TO READ THIS,I HAVE ONLY JUST STUMBLED ON IT MYSELF 3 LINKS BELOW

 

 

BBC News - Welcome Finance claims taken over by FSCS

 

http://www.fscs.org.uk/news/2011/march/fscs-declares-welcome-financial-7pghpepm/index.html

 

 

Welcome Financial Services debt help, reviews, complaints and

 

 

 

REGARDS ED

Edited by edwi69

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Hi all

Had a letter from incasso today about my secured welcome loan that has been in dispute for about 18 months due to non cca they are saying that they want paying.

Any advice would be helpfull

Regards edwi

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I am pretty sure incasso are welcomes in house ahem legal side.

Simply refer them to the fact that the CCA 77/78 has not been comlied with remind them of data protection and remind them as the account is in dispute it can't be chased also remind them that as it is in dispute it is iliegal for Welcome to pass onto a DCA and remind them of their own legal obligations (FSA procedures) I would even make the threat to report them to the FSA.

 

Cheers PDB1980

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Sorry for butting in...

 

Is your account in dispute because they sent you a reconstituted copy, or because they didn't send you one at all?

 

If its because they sent you a recon, that does actually mean they HAVE complied with s.77/78 CCA.

Check out Carey v HSBC, its quite clear that a recon DOES comply with s.77/78.

 

If they didn't send you one at all... that would be different.

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Hi all

many thanks for your replys but i requested a true copy meaning a genuine due to things not adding up and the mis-selling of ppi to this date they have not released me a true copy so why are they asking for full payment within seven days or threatening legal action when surely the if it went to court the judge would want to see the original true copy and not the reconstituted one that you can add what you want to.

Any advice

regards edwi

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Hi all

should i send incasso the old return back to original lender letter

regards edwi

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Bump

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They probably feel as though they have complied, as a recon copy does satisfy the request. A true copy can be a recon copy. What you will depend on is if and when they take you to court will they be abled to produce a signed copy.

 

As I see it you have a couple of options.

 

1. Do nothing and see if they take you to court, and hope they dont have a signed agreement

2. Send them a CPR 31.16 request for a copy of the signed agreement

 

I assume you are making token payments whilst this is in dispute?


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hi

they sent me a letter over a year ago saying they cannot produce a true signed copy over a year ago and i done the cpr 31.16 which they just ignored and no im not maiking any token payments whilst its in dispute and i also have a letter of admission to the mis-selling of the ppi.

Regards edwi

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That's right. I recall reading that now. Sorry it has been awhile and many threads ago :)

 

Its been suggested to me, but a solicitor that in a case like this, that even though an account is in dispute, if there is a chance it will go to court, its a good idea to make a token payment.

This is done so as not to give the impression that you are avoiding or trying to avoid paying your debts.

The stance would be that whilst you agree the MAY be a debt owed, you are unwilling to fund the creditor.

You feel they owe YOU money, and until such time that dispute is resolved you will not enrich them.

 

I suppose its up to opinion, but a quid a month cant hurt, unless you are going for statute barring, but thats still 5 years away. Chances are someone will try to get it in front of a judge long before it becomes SB.


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hi all

Its been a little while now and the account is still in dispute with welcome due to non cca compliance and still havent had a true copy of my cca, we have had experto credite then incasso chase us for this and both times i sent them the return to welcome then all went quiet and today received the below letter from welcome.

http://i1009.photobucket.com/albums/af214/edwi69/13-10-2011172235.jpg

 

Any views would be apreciated

 

Kind regards edwi

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Hi all

When i do receive a letter from these should i just send them the return to welcome as the acc is in dispute due to non cca compliance

Regards edwi

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Sorry if I'm being a bit thick, but I think I'm missing something here. You say you asked for a true copy of the agreement, and Welcome gave you a reconstituted copy. S.77 CCA and Carey v HSBC both say that a reconstituted copy of the agreement IS a true copy of the agreement. So you got exactly what you asked for... How then can the breach of the CCA still be going on?

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Hi napoleon_dynamite

A true copy shows the correct amount borrowed and the correct interest rate not a make it up as you go along one and also not forgetting a true copy bears your signature therefore anyone can make a reconstituted one up and say you owe them what they want but with no signature its different.

regards edwi

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Hi all

Just spotted this article below

 

MacKenzie Hall hauled up over debt collection tactics

 

By Andrew Penman on April 21, 2009 11:35 AM in Debts and loans

 

Debt collection firm MacKenzie Hall has been told to clean up its act.

An investigation by The Office of Fair Trading found that "some of its business processes failed to meet satisfactory standards".

Now MacKenzie Hall, based in Kilmarnock, Ayrshire, must not pursue a debt where it has been notified in writing that there is reasonable cause to believe that the debt is in dispute.

Full details from the OFT

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Hi all

Received a letter from Mackenzie today and i like the way welcome arent aware of any reason for non payment so i have sent them the return to welcome as account is in serious dispute would all agree and below is the link for the letter

Regards edwi

 

http://i1009.photobucket.com/albums/af214/edwi69/20-10-2011181334.jpg

 

Forgot to say that todays date is the 20th and the letter arrived as 12.55 and they wanted payment today the 20th by noon no date of postage on the envelpoe though

Edited by edwi69
missing info

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As Mr Z has also said, a true copy IS a reconstituted copy. S.77 CCA and Carey v HSBC both say that a true copy is a RECONSTITUTED COPY, which can be TAKEN FROM OTHER SOURCES and doesn't need your signature, address, or any other personal information. You asked for a true copy, they sent you a true copy. You seem to admit receiving the recon, so in that way you admit to Welcome complying with their s.77 request. I say this because if that is your only argument against enforceing the agreement, its a pretty shaky one.

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So what you are saying is yeah go ahead and pay them the extra 11k interest that you didnt sign for on your original cca and i signed for a secured loan and not a second morgage which they have registered with credit expert and just accept the reconstituted cca

regards ed

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edwi69

 

stick with it mate.been great reading so far

dont let the sods wear you out.

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Cheers waddington24

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