Welcome. Can provide me credit agreement of first loan. But they cant of second fraudulant loan.

[sickofbullies]

Hi,

 

Was wondering if anyone can offer some adice as to my current situation with regards Welcome Finance.

 

To cut a long story short

 

 

I took a loan at 76% interest when I was 18.

Couldn't make the repayments and fell behind,

eventually becoming unable to make any payments.

 

A few years on and it's a different story..

. Making real money in a decent job and all of a sudden welcome come chasing.

 

Unbeknownst to me, My loan (in default) was moved to a new Welcome Regional Office as part of their internal re-shuffle.

 

I continued to repay said loan without questioning anything.

 

I recently gave Welcome a SAR and some interesting things have came back.

 

Based on their internal notes they sent the attached letter to my old address which they knew I no longer lived at having carried out a trace.

 

What they have however done is move my loan to a completely new account/agreement.

 

Not signed by me, and never agreed by me.and they are unable to provide any CCA paperwork/agreement.

 

Now I know about the standard fee's I can reclaim

however if someone could offer me any advice as to the legalities of their second agreement and this attached letter I'd appreciate it.

 

Also one more issue

I've spotted is that in their standard MIDA Customer Notes database taken,

I guess, on their company CRM system they have put my entire debit card number, Start & Expiry, Issue Code and 3 digit code without any encryption.

(150% non PCI compliant) for all staff to see.

 

Could I have them over a barrel for just that one major breach of data protection act?

 

Thanks in advance

[obiter dictum]

They cannot move you to a new agreement to vary the original without your agreement and signature. If they cannot produce either agreement it is game over

 

What you need to realise is that welcome local offices were riddled with corruption. That is what cost them in the end and closed them down

 

Employees were rewriting loans for commission without the knowledge of the account holder over longer terms

[dx100uk]

that was what welcome staff did

they filled out new agreements willy nilly

 

 

totally unenforceable.

 

 

dx

[sickofbullies]

Can you offer me some advice on how to proceed.

 

After the second agreement was taken opened and the balance transferred to the unauthorized loan. I paid a total of around £970 (including a slight discount for my final lump sum settlement)

 

Can I claim this back at the same APR as the initial loan was awarded?

 

The original interest rate for the initial loan was 77.6% APR (but stated 4% monthly)

[dx100uk]

never heard of anyone reclaiming what they paid on a unsigned spoof welcome staff agreement

 

however. theres nowt to say you cant get back all the penalty charges and PPI/insurance that they must have charged you.

 

 

dx

[sickofbullies]

Can someone advise me where i've went wrong here?

 

Although Welcome Loan States 77.6% I worked out that must have included arrangement fee.

 

From what I can work out the APR of this loan is actually 60.1 (4% per month over a year)

 

With the figures that are coming out here I must have done something wrong?

[dx100uk]

its very rare to get the charges back for loans of that age sadly.

plus you need to close the claim on the date it was settled or they stopped int.

dx

[sickofbullies]

So I've read however I'm based in Scotland.

 

 

My personal circumstances changed 3 years ago and I am now disabled.

I'm housebound with nothing to do and all day to do it.

With the major drop in salary and lifestyle adjustments I am actually in extreme hardship.

 

I've had some decent success so far but just wasn't sure with Welcome Finance in regards to this second unauthorized account.

 

I've had some success with a similar case.

In Scotland we have legislation allowing a time of up to 20 years after the date of the "fraud, unauthorised charge, breach of contract etc".

 

"For example,

the date upon which a claim under a contract (eg a claim for loss and expense under a building contract) becomes enforceable

will depend upon the terms of the contract and will always be a question of fact and circumstance.

 

 

However, it will usually be when the dispute crystallises, ie when a claim has been made by one party and rejected by the other.

Thereafter, the pursuer has five years from this date in which to make a claim otherwise their right – and the defender’s obligation – will be extinguished.

 

In contrast,

a claim for breach of contract generally becomes enforceable when there is a concurrence of liability (ie the breach) and actual loss.

Again, the pursuer then has five years to make a claim.

However, given that a pursuer may not realise that they have suffered a loss until some time after the breach

(eg where there is a latent defect in a building), the five-year period will not start until the pursuer becomes aware,

or could with reasonable diligence have become aware, of that loss.

This qualification is subject to the 20-year long-stop which applies irrespective of the pursuer’s knowledge.

 

Accordingly,

if an owner discovers a defect in their building three years after completion then, provided that defect could not reasonably have been discovered earlier,

they have until year eight to make a claim against the contractor for breach of the building contract.

However, if the same defect is discovered 18 years after completion then the owner has only two years to make a claim before their right is extinguished.

 

It follows that correctly identifying the nature of the obligation is key to understanding when the prescriptive periods apply

and, consequently, when rights and obligations will be extinguished under Scottish law."

 

As long as I've not known about the fraud for a period of more than 3 years.

 

I realise that these figures are ludicrous however it gives me somewhat of a negotiating position.

 

Also having read through 10 double sided notes reports they have fully recorded and saved to notes

6 different Switch/Electron/Mastercard and VISA card details (Card No, Start & Exp date, Issue and last 3 digits)

 

Has anyone previously commenced an action over a breach in Payment Card Institute & Data Protection Act regulations??

[sickofbullies]

Hi,

 

As we all know their practices they've opened a second loan at another branch.  My first loan was cleared and a second taken out.

 

The loan agreement for the older first loan is in the SAR but not loan agreement for number 2 is their.  They've even sent a letter to my old house knowing I wouldnt receive it.

 

I've spoken to the current managers of welcome and they say this is due to age of files however using the SAR i can prove they fraudulently set up this second loan at my old adderess with them knowing I no longer lived there. (I'd imagine so i never received any paperwork) It was also not opened in the local branch but one 20 miles away.

 

They've also recorded all my debit card details (unencrypted) in their notes system.  I kept having to change my debit card as I was having monies fraudulently spent on my account during that time frame (13 cards in 18  monts)

 

With this proof is it worth legal action on any of those points?

 

Edited June 13, 2021 by sickofbullies

[dx100uk]

old and new thread merged.

 

i see we've travelled this road a few times since 2015

 

dx

 

[sickofbullies]

I've been in and out of hospital since then and being the only person I know this has happened too I'd given up.

 

With FSCS opening the doors to welcome PPI claims people I know have had a SAR and same behaviour evident.

 

I brought this up as I know at least another 5 people this has happened too.  This is with the same branch.  Therefore It's not just a one off with me but a pattern of fraudulent behaviours and practices within the branch.

 

 

[dx100uk]

welcome did this all the time across the country

there are 100's of threads here that detail welcome staff over the phone signed re finance agreements in the debtors name, esp when people phoned when they were simply after getting a short term reduced payment arrangement, they knew nowt about the new agreement.

 

i've never known any success.