Welcome Finance - This company needs to be banned.

[felixfly]

I thought when sent an SAR the creditor had 40 days to respond or the account went into default/despute.

[082stewie]

I thought when sent an SAR the creditor had 40 days to respond or the account went into default/despute.

 

No the SAR is just your request for information, exchange of information they hold on you. But this is not limited. You can request everything such as phone calls made etc etc. So it is very detailed. Hence the time frame of 40 days.

 

 

The CCA is an actual copy of the contract you signed. If im not mistaken it should have your own paw print on it to!

They cannot just supply you with a copy of what you would have signed.

These records are kept safe for at least 6 yrs or the term of the loan agreement. So if they have discarded it, then basically they are making a statement they do not have it or lost it. So you can dispute the whole lot!

 

Stewie:D

Edited March 27, 2009 by 082stewie
Dammit!! Friday spelling!

[felixfly]

Ok, so regarding my post above i need to also send a CCA request after my SAR. I thought the standard letter for the SAR included a request for the CCA?

 

What happens then if a creditor does not respond to an SAR in 40 days?

[SHELLA]

With a SAR you are just asking for infomation with a CCA you want the signed agreement.

If they can't produce that, you become in dispute...I think...there is a very strong possibility that I might be learning something here lol.

[mojo8]

cool avatar stewie

[082stewie]

Ok, so regarding my post above i need to also send a CCA request after my SAR. I thought the standard letter for the SAR included a request for the CCA?

 

What happens then if a creditor does not respond to an SAR in 40 days?

 

 

Dont forget your £1 postal order for the CCA, knowing Welcome they will send nothing back claiming non payment!

[andie_303]

Hi

 

Sounds like it could be a good day for us and a very bad one for Welcome.

 

Do we think an announcement will be made today?

 

Could someone clarify something for me. I put my Welcome account in default as they didnt comply within 40 days. They say they never received the first request even though they signed for it. They have then kept adding interest etc. Eventually they sent me loads of paperwork relating to my account after some more letters. My current secured loan however partly paid of a car loan with them. They never sent me anything regarding this original loan except the forms saying how much had gone out of the secured loan to pay it off.

 

Am i right in thinking an SAR is a request for everything they have on you and not just on a particular account? I only referenced the latest account number in my request but this was just so they new who i was. Is my account still in default? They have passed it on to someone else that has added thousands.

 

As long as you stated you required everything relating to you in your SAR then they should have sent all paperwork - have you reported them to the information commisioner?

[082stewie]

cool avatar stewie

 

 

I got it just for Welcome. I think it describes my mood when I think of them.

[andie_303]

can someone point me in the direction of a SAR template not got long to find one and need to get it modified and sent off today

[felixfly]

Not yet, to be honest i was under the impression my account was in dispute as it has been well over 40 days. I will have to send a CCA request. I always thought the SAR was more powerful than a CCA Request and included a CCA request plus more.

[SHELLA]

Is this any good?

 

[your address]

 

 

[their address]

 

[DATE]

 

Dear Sir/Madam

 

 

Data Protection Act Subject Access Request

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch.

 

Yours faithfully,

 

 

[name]

[Dipply75]

Thanks for the replies guys...a CAG leaflet, now that is a veryfine idea. I could have given out hundreds lately...does it not just drive you nuts when you over hear folk talking and you know they can be helped!

 

Mr Stewie, you are right...its confusing even if you've been involved the whole way through, throwing them into this just wouldn' work. I remember their name and address, burned into my brain lol, but don't want to wig them out or anything....one thing I learned in that job is that when folk are in debt, the scumbags that crawl out fo the woodwork is scary...and their party trick is to 'cold contact' debtors promising the earth then just rip them off.

 

That sounds like a great programme btw, A+ in sneakiness lol!

 

Love being a cagger, puts your faith in people back

[felixfly]

This is what i sent to Welcome

 

 

Data Protection Act 1998 Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: ######

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Number ######

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully

[Dipply75]

Will try and check in later, out n about today, suspense is killing me.

 

When it comes right down to it, I think Welcome will just hands up and do the right thing, and pay us back.

 

Geez I crack myself up!!! :lol:

[42man]

There is a good and recent template here for a subject access request - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

[SHELLA]

oh that one's much better felixfly.

[42man]

The new SAR request in the link above does not ask to respond to a specific account number, there are numerous welcome customers who have rolled up several agreements, by putting ONE account number on it limits their potential response.....of course this is fine if you have only had one agreement....

[felixfly]

Ok, so if i ask for a copy of my old CCA and they cannot provide it, does that mean my newer loan which partly paid this off will be in dispute?

[082stewie]

There is a good and recent template here for a subject access request - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

 

So this bad boy will cover everything and its brother?

 

Do they have to supply voice logs? This is what I am after. My original application voice recordings as everything was done over the phone.

 

And so far coming up with jack!

 

Stewie

[mojo8]

i was mithering by e-mail yesterday and received this, his typing fingers must be sore. Anything in particular that i should be saying to him.

Is there any chance that you could provide me with a telephone number so that I can call you to discuss.

Regards

Simon Spencer-Brunt

Claims Team Leader

Direct Group Ltd| Direct House | 4 Sidings Court

White Rose Way | Doncaster | DN4 5NU

' Tel: 0870 4141422

7 Fax: 0844 4124157

: e-mail: simonbrunt@directgroup.co.uk

[082stewie]

I would suggest if you are willing to communicate over the phone that you have some recording device.

 

Otherwise keep everything in writting. You would hate to be in a situation where its your word against his. I know the process slow and painful and you run the risk of being lost in a crowd but set time frames to everything, state in your email "Hope to hear from you within the next x days"

 

Stewie

[mojo8]

I would suggest if you are willing to communicate over the phone that you have some recording device.

 

Otherwise keep everything in writting. You would hate to be in a situation where its your word against his. I know the process slow and painful and you run the risk of being lost in a crowd but set time frames to everything, state in your email "Hope to hear from you within the next x days"

 

Stewie

 

I think your exactly right stewie. I think what i will try first is to tell him its inconvenient to speak on the phone and send him a list of questions, at least then if he answers any of them i at least have some kind of paper trail

[andie_303]

dipply - you ok if I PM you something to check before I send it?

[Dipply75]

done

 

how good is your timing! Am away again.....back later. Its like a sad obsession, checking every time i come through the front door lol

 

Oh, I have more thoughts on her comments about the tax and the lifecare....if we are gonna put the boot in, lets use both feet eh?

[andie_303]

want to hear those thoughts when you're back Dipply