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    • My main argument is that they are in receipt (on balance of prob) of my SAR 2022 letter and my letter of claim.   Regardless of this they chose to insist that my emails in 2021 are what my claim is about by saying:"   ". The Claimant has presented a claim seeking damages for alleged breach of the Data Protection Act 2018, Section 45 (3), following a subject access request he made in 2021.   However, the email chain makes it clear that the Claimant seeks information in relation to a third party's personal injury claim against him"   I'm arguing that they're (alleged) confusion is unwarranted as my most recent communications make it clear that I am intending to claim for my newest request dated 2022...   it seems to me they are purposefully taking advantage of the fact that my particulars of claim does not mention the exact date of my DSAR referred to in my claim, to pretend to confuse my claim with my old DSAR in 2021. Although my new letters which are on their system are clear.   They have:   1. ignored my letter of claim and my DSAR 2022 sent by letter 2. viewed their system and see my new letter for DSAR 2022 and letter of claim, and view my old emails in 2021. 3. insist that my claim is about my old SAR in 2021 and without asking for any clarity (on which DSAR my claim refers to) if they required, immediately fire of an application to strike out and supposedly spend hours on these documents.   (Also, technically, they are claiming that in my older DSAR dated 2021 that they provided all the data relating to me, that is their claim. However there is no evidence of that. I presume only the ICO can confirm such by reviewing their files...)     is what I'm writing making any sense? Please can the experts assess my defence, and let me know whether I should just pay the £1k in case the costs increase if it goes to a hearing.   My claim is only for a very small amount of money but they're claiming £1k..    
    • To answer the question whether Currys has a case against you, someone will need to analyse the detailed terms of the offer, anything you signed etc.    This is not the shoplifting type of case that RLP pursues. If anything, Currys will pursue you, but I can't see this happening. You took advantage of a weakness in Currys' design of the particular promotion. The optics would not be good.    I have the impression that your friend's gift card details may have been used fraudulently. Perhaps he should investigate it further with Currys. I am not sure he is right if his attitude is that you just don't argue any more. 
    • Morning DX,   Crashed out last night!   I shall submit the following defence today and have added point number 6 as you advised regarding the year until which I was in deferment and never earning more than the threshold.     The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 & 2 are noted the Defendant has in the past had financial dealings with the original creditor - The Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt nor do I recognise the agreement numbers the claimant refers to. The Defendant has sought verification from the Claimant by way of a section 77 request which as to this date has failed to comply and remains in default.   2. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the original creditor, nor of any legal assignment pursuant to the Law and Property Act 1925 section 136 (1).   3. It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement; and   b) show how the Defendant’s alleged debt has reached the amount claimed for; and   c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and   d) show how the Claimant has the legal right, either under statute or equity to issue a claim.   4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.   5. On the alternative, as the Claimant claims to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.   6.  The defendant was in continued deferment until 2020 and has never earned over the threshold.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief
    • Pressure on consumer finances is set to increase over the rest of the year, the supermarket saysView the full article
    • Thank you for your response. Have we done a bad thing? Would Currys have a case against us? or would court tell them their promotion had a mistake and they organise it wrong way?
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Cabot and old stayed Court Claim - Old Welcome Secured Loan - want to sell, but charge is still showing


majimix
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Hi,

 

My partner and I took out a secured loan with Welcome in May 2008.

The loan is for £10k and monthly repayments are £209.

We were both made redundant within the last 12 months and noticing we had no PPI

we have managed to keep on top of payments albeit we now have some guy who rings up at the end of every month

and we have paid by my partnersa card with no problem.

 

This month however we are unable to afford it,

the guy rung our landline this morning and Ia told him we had a problem

and due to the fact I start a new job on Monday we would be able to pay double at the end of next month.

 

He told me this was unacceptable and if i did not pay by 5pm today there would be "serious consequences"

when i pushed him as to what these serious consequences were he gave no answer.

 

He now insists I go to my local branch at 3pm today with a mini statement or some sort of proof i have nothing in my bank.

At no point has he mentioned my partner.

 

The account is up to date as of this month but do i go along today ?

 

Im really not sure at all, any advice would be really, really helpful.

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Hi Majimix,

Welcome to cag.

 

 

Now, on here we're all very fond of Welcome ;).

 

 

First of all ignore the threats,

he has no right to threaten you and if you can I'd perhaps record any future conversations

you have just to provide evidence of their illegal tactics.

Could be useful in the months ahead.

 

Can I ask, how much are you aware of legally in terms of your rights as a consumer

and have you done anything else to date such as requesting to see copies of your credit agreement etc?

 

 

The fact you have a secured loan is also interesting as Welcome haven't been too good at meeting regulatory guidelines to date.

We'd all be very pleased to help you both out and to check Welcome have been treating you fairly.

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Thanks for the kind Welcome ( no pun intended)

 

it really does help knowing there are good people out there. I` have not done anything yet as this situation has only come about this morning

 

, Im just worried, what happens if i dont go today ? Should I be showing mini statements ?

 

Im a novice ( an absolute one) I dont no much about my rights as a consumer either

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You're very Welcome:D. Ok, first of all you have no legal obligation to go trekking off to the bank to get statements to show anyone. That is your personal information and yours alone.

 

If he threatens you again remind him of his obligations under the Office of Fair Tradings Debt Collection Guidelines. Specifically:

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

2.6 Examples of unfair practices are as follows:

 

a. contacting debtors at unreasonable times and at unreasonable intervals

 

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

 

e. not informing the debtor when their case has been passed on to a

different debt collector

 

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

 

g. making threatening statements or gestures or taking actions which suggest harm to debtors

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

 

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

 

The above is designed to protect you from being treated unfairly. Given the fact that Welcome have been so understanding :rolleyes: I would suggest you issue a request for a copy of your credit agreement and we'll check it for you to ensure you've not been charged incorrectly. We'll also check you haven't had any hidden 'extras' added you are unaware of or that are inappropriate for your needs, Welcome like their little extras.

 

Give me a littlw hile and I'll do you a quick template and give you a bit of extra info. Others will be along shortly and will aslo advise. In short though DO NOT WORRY! He cannot threaten you and if he does make a complaint and if necessary call the police if he hassles you at home with a visit and doesn't leave. Keep us posted and stay calm, you are in good hands now and we'll make sure you're ok.

 

Oh, and do not worry about the payment this month if you can't make it. Of course it will go on your credit file as a missed payment but if you can't help it then that's just a simple fact of life. He's hassling because it's his job to collect.

 

There is nothing at all he can instigate that will result in anything nasty as this all takes time, the worst is maybe you getting a charge for missing the payment, again if it can't be helped it can't be helped. Back soon.

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Hi

You say you have not got ppi on your loan as emandcole said you need to get a copy of your signed agreement from them. It has been known for ppi to be added to loans without peoples knowledge.

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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Ok, here's a letter for you to send off to Welcome. You can complicate it if you want but it is straight to the point and they know what they need to send back to you to comply so no real need to get technical in my opinion.

 

YOUR ADDRESS

 

 

DATE

 

Account: YOUR ACCOUNT NUMBER

 

Dear Sir/Madam,

I am exercising my right to request a true and signed copy of my credit agreement and the original terms and conditions under your obligation to supply a copy of the agreement under legislation contained within the Consumer Credit Act 1974.

 

This obligation also extends to providing a full statement of account, which I would also ask for. I enclose £1 in payment of this statutory fee, which is not to be used for any other purpose. If you are unable to supply the documentation requested, this fee should be returned.

 

As a financial organisation you are fully aware of the time limitations of this request.

 

Yours Faithfully,

 

INITIALS ONLY – DO NOT SIGN

 

MR/MRS/MISS FIRST NAME & SURNAME

 

There are a few golden rules you need to observe at all times. Never sign your name, merely use seperate initials so your signature cannot be copied onto other documents. When you send the £1 fee use a postal order, don't send cash. Send the request using a recorded delivery service and keep proof of sending. Check the Royal Mail tracker and print off the electronic prrof of delivery that should be available, all proof you sent it and they received it.

 

There is an amount of time they have to respond to your request which is nearly always ignored so best advice is to wait for the full term to expire. Give them a full month to respond, if you don't get anything back let us know on here and we'll advise from there what to do next. If you do of course get something back, again let us know and we can start the process of checking what you've been sent is correct and in order.

 

Keep all correspondence between yourself and Welcome, file it away and be good with your paperwork in case you ever need it. If anything comes back asking you to 'confirm your signature' etc for ID purposes do not comply. They may be fishing for a signature if they haven't got one. Simply guard your signature until we can see they already have it, you have no legal duty to give it to them regardless of any threat they may make. Any letters you get let us know on here and again we'll advise you.

 

Keep making the payments as you have planned to do (with exception of this month if you are stuck) and continue to meet your obligations. You may wish to write a seperate letter to Welcome explaining your extenuating circumstances and to reassure them thisis merely a one off situation you can do little to avoid.

 

It is always good practice to keep your creditor informed of your situation so play ball when you can. Ultimately though do not worry. These things happen and a creditor will be looked upon dimly if they read you the riot act for one simple breach that was genuinely beyond your control. Keep us posted, any questions stick them on here ;)

 

Nearly forgot, at some point in the future you are going to need a scanner so we can see what you've been sent. You'll have to remove your personal details of course to retain your privacy but just a heads up for you so you can proceed smoothly. Probably best to borrow one if you can. Photocopy the original, edit the copy and scan it. Simple and you get to preserve the original document.

 

Happy new year from all on cag :p

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I used to work for Welcome years ago (and hated every minute of it), and I can tell you that this guy is hassling you because he has his "deliquent" account target to meet.:D

 

If you have never missed a payment before (unless things have changed), he should be able to defer your payment.It doesn't go on your credit file, and he stops hassling you.

 

Oh forget the serious consequences, he is talking bollocks. They can't take legal action for one missed payment.:rolleyes:

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Ill get to this right away sending a postal order, Im not going to branch today and im reluctant to enter into any telephone dialogue with them other than to pay at the end of January.

 

Happy new year and thanks again

 

Thanks a lolt, its pece of mind knowing he is just annoyed because he may not have hit his targets

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He can sulk all he wants.

 

The moment he steps over that line and abuses the client relationship with threats and nonsense is the time when you have every right to question every part of the agreement.

 

One day we'll all get creditors who play within the rules, until then we'll have to fight idiots like this who believe they're above the law.

 

Go get em.

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Hey Maj,

 

this guy, needs to stop phoning you, im sure you will contact welcome when is financially possible for you to do so. if youtr sending the CCA letter anyway then enclose this letter to stop him phoning you as his attitude stinks.

 

 

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

ACCOUNT NUMBER ******

Dear Sir or Madam

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls.

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

The attitude of your representitive that phoned me on the 31/12/2009 was unacceptable hence the request for written dialogue.

Yours faithfully,

 

[NAME HERE]

 

 

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No worries Maj, get ya letter sent off monday morning recorded delivery and spend some time reading this forum to verse yourself with the world of welcome finance lol . . keep us updated on any progression. good luck and happy new year.

 

 

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their only targets are cash collection no delinquincy any more, and their system is that bad at credit reportng that it might not even show up, i wouldnt say that to them but just so you know :)

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posted my letter by recorded on Monday,

 

received a call from Welcome today saying I didnt call in their offices on 31st December to show them proof there was no way i could pay this month.

 

I have told them I have started a new job and would be in a position to pay at the end of the month (double £420)

was then quizzed on my job and asked if it paid well.

 

I was asked for debit card details, told him I didnt have a debit card and then was asked for partners,

 

I refused to give details and was told it will incur extra charges and be defered due to non payment,

I have asked for all this to be put in writting and sent to me as it was not clear,

 

I have repeatedly stated I will ay at the end of the month,

he said due to the fact i didnt show at branch with proof i could not pay

and the fact i have not given any card details

I was showing no commitment.

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  • dx100uk changed the title to Cabot/? Claimform - Old Welcome Finance Secured Loan
  • dx100uk changed the title to Cabot and old stayed Court Claim - Old Welcome Secured Loan - want to sell, but charge is still showing
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