Welcome Finance - This company needs to be banned.

[42man]

I believe there is a different SAR for telephone calls....but i'll try and find it...also there is another way of getting your agreement - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[42man]

Once they have failed to provide your agreement within the 12+2 working days then this is the usual flyer to send (recorded)

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[42man]

If they try to threaten with legal action whilst they still haven't produced it then this is a good letter to send...

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies, furthermore the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also i shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

[felixfly]

But can you do that for a CCA regarding and old account that was paid off by the new loan?

[42man]

If you want that specific agreement then quote that agreement number in the CCA request....

[jp1000]

afternoon all

[082stewie]

afternoon all

 

You changed your name!!! Hiya how you doing today? Everything ok

[Dipply75]

Hi all, just a quickie....discussions on the investor sites about an administration/liquidation specialist just been brought in by Delloites to do with Cattles?

[andie_303]

Hi all, just a quickie....discussions on the investor sites about an administration/liquidation specialist just been brought in by Delloites to do with Cattles?

 

AMEN!!

[andie_303]

Hey Stewie

 

42 Man if you are still around do you have the SAR for telephone calls - very interested in that one

[mojo8]

Hi all, just a quickie....discussions on the investor sites about an administration/liquidation specialist just been brought in by Delloites to do with Cattles?

 

 

thay should also send in rent-o-kill to get rid of the vermin staff that infest there offices.

[scarborosmoggy]

Hi all, just a quickie....discussions on the investor sites about an administration/liquidation specialist just been brought in by Delloites to do with Cattles?

 

Do you have a link to this please.

[082stewie]

Hey Stewie

 

42 Man if you are still around do you have the SAR for telephone calls - very interested in that one

 

Im also looking for that very thing! Should be cool to hear myself being sold something!

 

 

Stewie

[082stewie]

Hi Teacher Andie!

 

Do you have any idea how Post got along today?

 

Stew

[felixfly]

If you want that specific agreement then quote that agreement number in the CCA request....

 

But would them not supply the old agreement put my new agreement into dispute seeing as a large part of the new loan went to pay the old one?

[andie_303]

Hi Teacher Andie!

 

Do you have any idea how Post got along today?

 

Stew

 

Not yet very intrigued - so impatient!

[mojo8]

But would them not supply the old agreement put my new agreement into dispute seeing as a large part of the new loan went to pay the old one?

 

apparentely the new agreement cancels out the old one, but im sure someone with a bit more knowledge will advise

[scarborosmoggy]

Someone posted this on another forum and I thought it was interesting.

 

 

"However on another note in relation to Welcome possibly going bust. I had a call on Friday regarding early settlement of a loan I have outstanding the balance is 2635 and in less than a minute on the call they were offering me 55% to settle within 24 hours! I'm guessing it may be a good idea before they sell off. What do you think?

 

Also I had noticed on my credit file the records had changed from Welcome FS to Progressive."

[andie_303]

Someone posted this on another forum and I thought it was interesting.

 

 

"However on another note in relation to Welcome possibly going bust. I had a call on Friday regarding early settlement of a loan I have outstanding the balance is 2635 and in less than a minute on the call they were offering me 55% to settle within 24 hours! I'm guessing it may be a good idea before they sell off. What do you think?

 

Also I had noticed on my credit file the records had changed from Welcome FS to Progressive."

 

was that lately?

 

hmmmm makes you wonder how bad their results really are

[andie_303]

apparentely the new agreement cancels out the old one, but im sure someone with a bit more knowledge will advise

 

This is correct - new agreement is the only one that matters

[082stewie]

But would them not supply the old agreement put my new agreement into dispute seeing as a large part of the new loan went to pay the old one?

 

The new contract would take precedent over the older one. But if the old one has influence over the new one, then you should request both.

Like if it was a re-loan, then the first one would be important to gauge the basis of the latter loan. But remember the newest loan is the one that stands, unless of course there is an obvious breach in the first contract.

Like potentially with mine.

My first contract has NO PPI on the loan at all. But when the re-loan took place they claim I did have it. Hence I need the phone logs.

[Voda]

Hi everyone,

 

Sorry that I did not get back to you yesterday but have been very busy.

 

I just called CCCS and they agree that unless I get a letter from WF confirming that they " Will freeze all interest and other charges ", then there is no point my going on a DMP.

 

Welcome insisted that I go on a DMP in order for them to do all this freezing but until they start to respect me and CCCS for that matter, then I will continue as I am by sending them a cheque each month with a Recorded Delivery letter.

 

CCCS also confirmed that if Welcome were to call them about me at this stage, then they would say that they cannot talk to them as my dealings and personal information is between me and CCCS.

 

Welcome already have my Income & Expenditure details and if I were to sign a DMP agreement with CCCS, then CCCS will still only tell WF what they already know from the I & E details already supplied by me to WF. That will be the total monthly amount of my DMP and a list of my other Creditors and the amounts that will be paid each month by the debt charity to them including Welcome.

 

So worry not caggers, CCCS will not disclose anything more to a creditor other than the above.

 

Have a great weekend .....

 

Voda

 

 

 

Hi everyone,

 

I am already dealing with CCCS and I will be calling them tomorrow anyway.

 

I will ask them about these matters and see what they say.

 

I will report back tomorrow.

[082stewie]

The pub waits for no man!!! have a good weekend everyone!!

 

Stewie:D

[Voda]

You too Stewie,

 

Don't get too drunk ....................

 

The pub waits for no man!!! have a good weekend everyone!!

 

Stewie:D

[SHELLA]

Have a good one stewie