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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
    • forget the guarantee, totally worthless, no guarantee or warranty is even worth the paper it's written on.   under the consumer rights act 2015, bensons are quite correct that outside of 6mts, it is down to the consumer to get and pay for an independent report upon any issues. this cost will be refunded upon your win.   also under CRA a 'product' should last a consummate period of time, upto 6yrs typically or even beyond, one would expect a mattress to not to have issues after a mere 10mts.    
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Itsme VS Welcome Finance


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  • 2 weeks later...
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Hi Guys has everyone gone off this thread! Anyway i have potentially good news, i went to see a solicitor today to help me with this she was very impressed with what id done so far thanks guys for your help but she said that she was going to read up on some case law but she thinks that i have an unenforcleable agreement! so she's going to see where we go next well thanks for all your help and i will keep you informed and keep posting Mich7k

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  • 6 months later...

hi madhafu but not so easy im afraid, story so far... in January i was making enquires about getting another car as i was having problems with mine the dealer told me that my car has no finance on it, great i thought so at least i can get rid of the thing! so i thought even if i could swap it i could go on with my life so i found another car to swap + 250 from me deal done however on the day of the swap dealer calls and says that there is still finance on it and welcome still have a financial interest in the car! the car is now 6 years old by the way and the agreement is over 5 years old now so when he asked them how much they want the man on the other end laughed and said make me a offer!!! i was so upset as i had changed over the insurance and everything just to still stuck with this car! the car is barely worth £1800 and thats because ive looked after it they told the dealer i owe £6500! bare in mind ive paid £8995 already! the advisor who was supposed to help me has left and ive just being appointed to another man but he thinks that welcome have been very clever in there interest rates as it is very close to being unlawful although he is going to have a go at it for me....

so i cant give it away at the moment, does anyone know if there is a time limit to how long a car can have outstanding finance on it?

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excuse me if I sound stupid but did you pay up everything you owed on this car e.g. if you entered into a four year or 48 month payment term and stuck to it then surely the car is yours? or did you default half way through? I would like to know as I have a car loan with them that will be up at the end of June and I have met every single payment!!!

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no i didnt default intentionally so to speak what happened was i was going to pay off the outstanding finance in 2007 which i thought was about 2k so i requested a settlement figure and a statement well then my eyes got opened! i had charges added on from the first day i bought the car ranging from £5-£400 these were called "fees" so i requested what these "fees" were and i also requested the ppi and other extras i wasnt aware of to be refunded and i was advised by a solititor not to pay anymore hence the battle eversince i have a couple of threads on here regarding this in more detail

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Yep I also at one point asked them for a settlement figure and was astounded to see that the settlement figure was higher than what was owed plus some! I mean how do they work that out? I also didnt realise that that put interest on top of the PPI which is shocking. My boyfriend reckons that when I make my last payment a whole team of Welcome people will be fired because I have been paying their wages out of my astronomical repayments!! also they have thus far been unable to persuade me to take out another car loan even though they bombarded me with calls - I would rather walk to John O Groats and back than take out another car loan with them!!!!

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exactly my point and they are unable to take back the car if you have paid over a certain amount which it will tell you on your agreement without a court order wonder why they wont take me to court??

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robbers but i will keep on fighting

 

hey mich,

sorry about that mate, Welcome are really givign pple a crap time. Read that they will be closing down so hopefully that will mean tehy deal with these issues quicker! they still owe me a refund for these unknown fees charged for no apparent reason as i have done my letter now, 2 paged and a sheet showign all the dates the fees went on and copies fo their notes on my account since december 2005 showing nothing or any type of explanation of those fees.. they charge interest on top of the PPI at the start so any other fees/interest needs to be clarified or deemed lucrtive way of earning morer money off customers. act quickly before thry start a panic as they will son close, i have served them a letter demanding that fee/interests refunded this week. lets c wat happens, bother them daily, chase them by phone, 24.7 i did ;)

WF PPI Claim WON :grin:

Incl.8% INTEREST etc total £2231 SETTLED 4wks! :wink:

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right this will be long hun but, maybe you'll catch my drift ;)

 

a) 1st came to the forum and read up loads and posted and got templates..and went thru them...

 

b) sent Welcome my SAR and within 4weeks had everything i needed

 

c) sat down to do my 3 page letter detailing all setcions within the templates and completely ripping the template to my 'own letter' with all the right legal bits in it ;) i.e. where i said you mis-sold it because you never advised me i didn't have to buy it, i went on to explain the details of teh day i bought the car and the guy that sold me the car, his name, what he said that i can try remmeber etc.. and what he may have said then etc which made this purchase of ppi unlawful and the circumstances..

 

d) i went on to advise them i would not be going to the FOS but seeking financial advise to go to Court as i knw my case has merits..

 

e) guys on my thread gave gr8 adv esp. HELLHASNOFURY regarding getting SARs to know where i stand with them n wot they had on me etc...to be best prepared!

 

f) welcome have the PPI insurances with Direct group as u already with whom Norwich underwrite ppi's.. so i SAR'd DirectGroup too..

 

g) i then started ringing Direct Group daily and talkin to various pple until i spoke to this lady who asked lots of questions incl, when i lost my job in 2007 and what welcome said etc..she did acknowledgen i was ineligible for the policy & i had recorded this call for evidence. i then sent my letter including the fact that they too confirmed i was ineligible ;) COMPLIANCE TEAM at welcome head quarters are cows sorry to say they dnt help with jack, well once my letter was received i got a reply a week later saying we r investigating etc.. i immediately rung the guy Iam who wrote the letter saying why do you need 8weeks (this took them to 12 may 2009 to give me their final response) i said i'd wait.. i then rung him every few days asking for progress on my complaint advising that on 12 may i will be making a court claim for the refund, etc...

 

i basically spent 2-3weeks on their backs for answers non stop!!!

4th week i called again was advised the guy was on holiday but, a letter was in the post and after 2days rung again the guy was at another branch but, from her records a rebate, ppi refund, 8% interest had been applied to the account & a copy of letter detailing breakdown was to be sent soon. received and thankful it went well. 4weeks total! but, felt like a year ringing every 2days..

 

do not give up - welcome have cheated lots of pple and the few (of us) saying heck no gotta get our paper back!

let me know if i can help further.

 

x

Edited by Madhafu
sorry for spellings in a rush again

WF PPI Claim WON :grin:

Incl.8% INTEREST etc total £2231 SETTLED 4wks! :wink:

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