Itsme VS Welcome Finance

[maybelline]

very well done angela:)

[itsmeandonlyme]

Coooooool....Well done, you:))))

[davefirewalker]

only just seen this....GREAT NEWS

 

Dave

[hellhasnofury]

only just seen this....GREAT NEWS

 

Dave

 

Great news for you. Did I understand you are now going for the refund of the ppi:D

[angela1606]

yes fur i had already sent them a s.a.r thats what caused them to phone they wanted to know if i was happy so obviously i said no so we got talking and lo and behold he just offered to get rid of all the charges without really fighting to keep them on lol but i told him 3 times after he done that that i was still going to fight to get back the ppi cause i said i dont mind paying the last 3 instalements cause welcome are only going to have to pay it back to me at some point lol

[reidnet]

Nice one Angela..lol

[ab2mlf]

Hi Guys looking for some help with my LBA could someone give me some pointers would be much obliged iam so close dont want to mess this up Archie

[davefirewalker]

What stage are you up to ?

 

what letters have you wrote upto now?

 

who are you doing?

 

What is the LBA for ?

 

sorry if I'm asking a lot of questions, but it makes a difference to how you word it

 

Dave

[davefirewalker]

one version could be

 

It depends on what you have already communicated with them

 

Have you sent ANY letters?

 

LETTER BEFORE ACTION

 

Dear Sir.

 

ACCOUNT NUMBER:

 

My request

 

Despite my letters of the xxx and the xxxxxx, you have not communicated in a way that would lead me to believe that you would be serious in discussions about your level of charges and the amount that you have unlawfully taken from me. With that in mind I have had to take the next step in issuing this LETTER BEFORE ACTION.

 

I am writing to ask you to refund to me the charges which you have levied on my account over the last 6 years. This totals £NNNNNN (+ court fees and interest if it goes that far)

 

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I have enclosed a schedule of the charges and would be grateful if you could pass them on to the solicitors acting on your behalf, so as not to delay this further.

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

What I require

 

Up to and including dd/mm/yyyy I calculate that you have taken £nnnn.nn in unlawful charges. When this goes to court I will also be claiming interest at 8% pa from when the charges were applied, this works out to £nnnnnn. On top of this I believe I can claim my court fees, reasonable expenses and I will be claiming my initial DPA request fee back as well.

 

Total £NNNNNN + court fees + expenses

 

My targets to resolve this matter

 

I hope that you will enter into a sincere dialogue with me about this matter and Inform me as to when you will be making payment, rather than waste the already overloaded courts time. As I see it as a layman the only real defence you have is that your charges ARE reasonable and fair, and if so I would be happy if you explained them to myself and to the Judge in open court.

 

However if the recent amount of cases being settled at the last minute outside of court are anything to go by, then the assumption is that you or your solicitors will delay this for as long as you can and then settle at the last minute. I think that this is an abuse of the court system for which you will eventually have to pay dear, and as you have no real defence and no real intention of defending this fully, just delaying in the hope that I will go away I will be bringing this to the attention of the judge.

 

The majority if not all cases have been settled out of court. This has had the effect of clogging up the court system to the extent that a lot of other cases are now being delayed. I could provide a long list, where the banks (not just yours) have settled out of court at the last minute.

 

If you pay my claim before court you can save yourself the extra interest and costs involved plus your solicitors fees and more importantly court time

 

However once I have entered my claim I will be going for the full amount of £nnnn (+ fees) and will NOT settle for less than what is asked for. It is in your interests to deal with this matter quickly and efficiently.

 

You have already had MORE than the 14 days I initially allowed, so I will give you a further 14 days in which to reflect.

 

After that there will be no further communication from me and I shall issue a claim at the expiry of this last deadline.

 

Yours faithfully,

 

D Stewart

[ab2mlf]

Hi Dave iam claiming Welcome Finance for PPI & charges the letters i have sent SAR got reply sent 1st letter fobbed off on answer sent 2nd letter got answer saying they would refund £350 as a goodwill gesture then they sent me another letter saying i will not get PPI back that they would be willing to go to court so iam about to send LBA but need some advice

[ab2mlf]

Thanks Dave very usefull much obliged i know iam touching nerves with this lot dont want to let them go

[davefirewalker]

Is this your "first" LBA or have you sent them a letter before asking for the return of money.....its a slightly different letter

Dave

[ab2mlf]

this will be my 1st LBA

[davefirewalker]

OK... then its not a LBA you want.......

 

you have to ask them first, and give them the opportunity to refuse you...I know its long winded, but you have to be seen willing to try and reach a settlement, is it for charges to your account?

[itsmeandonlyme]

Hello Dave, how r u?)

did you sorted your MBNA agreement..is it properly executed or not?))

Can you please explain me the procedure of receiving an application form instead of the agreement on CCA request...what is next?do you default them, when? how?

 

 

Thank you

 

 

Maria

[davefirewalker]

Hi maria

 

guess what................

 

it looks pretty much a legit agreement.....

 

my only hope is the fact that the interest rate is not shown, but thats a start.

 

i dont think that they are going to let go so easy as the loan is about £9000 owing.

 

ok regarding the application/ agreement thingy

 

if you cca them and they send you your agreement. UNLESS it contains

 

credit limit

amount of credit

apr

interest rate

TWO SIGNATURES

rights to cancel

consumer rights

cca1974 stuff

 

then it is only an application there is nothing to say that the application was accepted or an agreement made. please see....

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81626-mbna-link-3-different.html

 

this shows 3 applications that werent agreements

 

check carefully....even use https://www.financialagreementsolutions.co.uk/usr/basicchecker.aspx

 

just to check the agreement.....DONT pay just use the checker and the report.

 

anyway how are you doing....how is your case progressing? good to hear that angela is sorted (sort of) maybeline needs a little help i think.

 

As its saturday and quite late just almost finished my bottle of shiraz cabernet

 

hic

 

best rgds

warmest wishes

 

Dave

[davefirewalker]

ooops forgot the last part.....(too much vino)

 

if they havent supplied the required info in 12 working days (+2 for delivery service etc.) then they are in default. after one month they have commited an offence.

 

ok I wouldnt do anything to warn them until the 30 days was up then I would file an N1 for non compliance.

 

dave

[itsmeandonlyme]

too much wine:)))))) Thank you for your quick reply:))))

well the copy of application i have is not from welcome(its my Creation Finance claim) is practicly not possible to read...i do not think they have an original application copy, as i had applied in store and they had faxed the application to the head office....so that copy is a faxed copy....anyways....

Next, i am claiming some money from Halifax with contractual...today i had received an offer of full fees and interest but not contractual..should i accept it? would you accept iT?

[davefirewalker]

Is this the one youre claiming ppi on?

 

if not, then the fact that they are illegible is in your favour.

 

contractual interest is a dificult area....its a personal choice. the judge may well throw it out, and then you lose.......

 

I personally would go for the s69 8%, its a personal choice... read up on contractual interest in one of the main threads

 

HOWEVER if they have offered full settlement and fees etc. then I think you have to take it. pretty sure anyway.

if you refuse a full settlement they can apply to the judge and you may lose out

 

 

rgds

 

Dave

[itsmeandonlyme]

Thank you Dave, i understand.....

 

do not want to make any more confusion between my claims..so i have created a new thread :Itsme Vs Halifax 2 accounts.

 

 

I am going to read some successeful claim in Halifax forum and make my final decision.....

 

 

Kind regards,

 

 

Maria

[itsmeandonlyme]

just a quick update:

As Pam advised i had sent a letter to Ian Orrill, Legal Manager, Welcome, confirming that i had stoped DD payments as the agreement is not properly executed:))))...

 

 

Dave, My "Creation" claim :Itsme VS Creation Finance... Today the deadline expired for the copy of the properly executed agreement to come through from them....As the account is closed, can i still default them, if yes, than how? is it ANY template for it? or speccial procedure??

 

Thank you.

 

 

Kind regards,

 

Maria

[davefirewalker]

difficult one that I dont really know the answer to.

 

How old is this? if its over 6/7 years you may be in trouble

 

they have to keep records anyway, so by defaulting on youre cca you can issue an N1 and make sure that they have to explain themselves in court.

 

I dont know how much good this will do you though!

 

The threat of having to go to court with no docs to show might be enough to frighten them into settling.

 

cant really help much more than that, sorry

 

rgds

 

Dave

[carinas]

hi Itsme... hows your welcome fight going?

 

I have recieved Welcomes defence, they are saying they will repay all charges up to 6 years ago, but are contesting the PPI. Also although i have taken them to court & sent them a letter saying the account is in dispute & i will be paying no further £, AND they have sent me a letter saying they cant find my agreement so will be requesting no more moneys from me, i've recieved a letter saying my account is over due & charged £10 and my mother has taken a phone call (i was on holiday) from them asking me to call them (another £5 no doubt!) cheeky blighters! So who do you think i should call and complain? or shall i just wait until it goes to court and tell them that despite agreeing that they will not be taking anymore moneys off of me they are still harrassing me?

[itsmeandonlyme]

Hello Sweetie, nice to hear from you:)))

I would phone head office, Ian Orrill- legal manager and make it clear that without the agreement they are in default and after one month they will commit an offence...I am so angry now...They are stupit or what....I would also point to him, that you are more than awear that without the agreement they shouldn't charge you in the first place..and whatever charges they will apply to the account you- they are all unlawfull and judje won't even look through the case without the copy of the agreement...etc...

[carinas]

i've done all that honey! i have a letter from them confirming they wont be looking for anymore payments and they still are writing me letters! i think i'll just save them till we get to court!