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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
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CCA Template (also which one first)


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Hi all

 

loving the site, just found out Welcome have been lumping charges on me and I now owe more than I did 12 months ago on a 4k loan.

 

Anyway I have compiled my SAR and want to know where I can find a CCA template as they do not appear to be in the templates section.

 

Finally, do I sent these (SAR and CCA) together? Also, do I need a CCA for each account?

 

Many thanks in anticipation

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Milky,

 

First and formost welcome.

 

I would send the CCA and the SAR separate both recorded delivery...

 

send postal orders £1 for the CCA and £10 for the SAR

 

here is the CCA letter

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

milkybarkid999

hope that helps

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Thanks Nannamoon

 

Spent a couple of hours trawling throught the Welcome thread and just couldnt locate a CCA letter so you are a great help.

 

Didnt realise I could attempt to claim charges (extortionate ones at that) via Welcome as I thought it was only banks so hopefully something can come of my efforts.

 

Once again many thanks and I will create a "me vs welcome" post when there is something to tell.

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Hi Nanna

 

(i wont double post again but as you have answered this could you help with my q below)

 

Reviewing my Welcome statement and have found an entry for Insurance Premiums Advanced and Disbursal of Fees totalling £400.

 

Is the Insurance Premiums Advanced the PPI insurance which I can claim back (have they renamed it to try and throw me off the scent) and also Disbursal of Fees, does any now what this is and if it is claimable?

 

Many thanks in advance

 

MBK

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Milky,

 

I have no knowledge of PPI, I would hate to give you the wrong information.

 

I know that there are plenty of people on here that have...

 

I am sure someone will be along to give you the correct advice

 

nanna

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Welcome, milky. i've been asked to have a look at this thread by NannaMoon.

 

The first steps are, as you've been told, to do a CCA request and S.A.R.

 

PPI can be missold, but if they can't get hold of a credit agreement in the correct format, they are stuffed anyway.

 

Once the S.A.R. is in, this should provide you copies of any PPI added. Diskmandave's against the world thread is a good one to read for PPI information, as is the specialist PPI forum.

 

the essence is, if they took the money automatically, of if they took it after the PPI policy was invalidated because of late payments etc, or if it wasn't valid for you at the time of the agreement you should be able to reclaim it.

 

Hard to give you more than general advice at the moment... you're doing the right things:) Until you can see all the paperwork, it's very hard to tell what the best thing to do is:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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If Welcome are the current creditors (i.e. they still own the account) then you CCA them, yes. You can include multiple accounts in a CCA request, but you should pay £1 for each account and specify the accounts by number.

 

if the credit agreement is only a few years old, it is very likely they will have it.

 

With a S.A.R. it is a simgle fee of £10.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thanks everyone for your invaluable help.

 

Just phoned welcome after my agreement numbers and they are calling me back.

 

The reason I am chasing them is because I received the below settlement figure which is obviously front loaded with interest and I still owe them a fortune just with their interest paid off early (robbing gits)

 

My settlement is below which looks a little strange and hard to decipher, any ideas?

 

Type of agreement Unsecured Personal Loan

Agreement Number ***

Standard Settlement

Total Amount repayable at start of loan 6193.08 (ouch)

Rebate of acceptance fee and credit charges (17.26)

Rebate of Payment Protection Insurance Premium 0

Collection Fees 160.00 (??)

Default Interest Rebate (391.71)

Less Amount I have paid (2065.35)

 

Settlement Figure 4013.04

 

I note that the statement shows advanced insurance premium and a lot of charges.

 

As they do not appear to have reimbursed any PPI (and seem to have charged it £325 at the start of the loan) does this seem legit?

 

On the phone they did ask I have my CCA and I said I wanted them from Welcome so the next step will be to get my agreement numbers and proceed although the Branch Manager said that they handle these enquiries in their office and not head office? (is this usual?)

 

Sorry to be a pain.

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What year did you enter into these agreements?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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The latest one was Feb 06.

 

Unfortunately welcome just phoned and said that the Insurance Premiums Advanced were for medicare and lifecare which I would not have agreed to if I knew what they were and what they cost.

 

I have 5 others that have lapsed.

 

Welcome now have all of my agreements and statements available for me to pick up.

 

I am going to collect them now.

 

Not sure how interesting the reading will be but will post back soon once I know the bad news.

 

Thanks again Tom

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