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    • That is great news. Many people would have given up and paid after losing two appeals so well done for hanging in and fighting. It has paid off and they have finally backed down before getting whipped in Court. I looked at your NTD and your NTK again to see if there was a chance of going for a breach of your GDPR. Sadly although your NTK on its own could have well deserved a claim, the NTD is good enough not to warrant a claim even though it wasn;t compliant with PoFA. As it is the first Notice that mostly accounts for  GDPR breaches there is a reasonable cause for the NTD to have been issued. However you are now freed from worries about appearing in Court and you have learnt about the dangers of parking especially where the rogues that patrol private parking spaces are concerned. Thank you for making a donation and should you fall victim in the future to the parking rogues or anything else that we protect from, you are always welcome .
    • Hi guys I'm about to submit the defence as per below     There has been no reply to our CPR 31:14 request.  Is it worth adding that I (driver, not registered keeper) didn't actually enter or park in the car park and was sat at the petrol station forecourt the entire time?  Or is that covered by the simple points?   Thanks
    • a DCA is not a bailiff and cant enforce anything, even if they've been to court who are they please? sar to the original creditor FIO isnt applicable they are not a public body. who was this query sent too all the more reason to teach her young upon how these powerless DCA's monsters  work... she must stop payments now  
    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
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Welcome Finance - This company needs to be banned.


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Mind you

 

I'm starting to worry now because the acceptance fee on my actual agreement is £195.00

 

and the "fee disbersmemnt" on the High puchase statement is at £195.00 could they arge that i had written notification by virtue of the fact that it is on the agreement or is the accpetance fee on the credit agreement something else

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My current position (thanks to you post and the forum as a whole)

 

SAR'd every M.F:D (garage, wf, nu, dg)

CCA requested WF

Have v.T the agreement but they say i still have to pay £1700 for outstanding insurances (originally) since my SAR request this has strangey dropped down to around £1000. I cancelled my DD and put the account into dispute. (cheeck barsturads then said thewy would default me for the insurances i didnt know about and had to keep the agreement open...i haven't:D

 

Went to hand the car over but have knocked back the garage that was coming to collect it after he guarenteed that RAC would not inspect car at auction (they dont come out now to the home) but when i phoned welcome they said it gets examined at auction...yea right...screw that)

 

went to see the car garage and after some few heated exchanges i think i might be able to get them to play ball re the commission issue, will be able to confirm this monday when

 

"the boss is back off his holiday"

 

...but honestly i expect the run around...

 

Can i nail them in court is my big question

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The Commission Payments Are A Welcome Maze

They Have Been Very Clever In Hiding It In The Figures

 

Ill Ssend You A Full Break Down Tonight By Pm For Obviouse Reasons

 

This Will Be Quite Easy To Challange,

I Can Accept An Honest Mistake But I See It To Often On These Agreements

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Postggj,

Will Welcome have to accept rewriting the loan minus what payments have been made and the ppi. Will charges be refunded?

 

ps Did you get a chance look at my agreements and latest statement. Am I right in thinking that because the loan amount on the contract doesn't have £75 acceptance fee on it but the £75 is added to the balance thus accruing interest. Does this make the agreement invalid.

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WFW you have wisely removed your name and address from the agreement but left the vehicle registration number showing - it might be wise to remove that too - I have removed the link in the meantime

 

 

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Hi Guys,

 

I really am getting to the end of my tether with this bunch of [edit].

 

Some smoothie left a message for me to call him today.

 

THEY NEVER ANSWER MY LETTERS so I am going to put all my correspondence in the hands of the CAB as all these so called financial organisations such as the FSA and Financial Ombudsman are rubbish.

 

I am so glad that I have everything in writing.

 

Voda

Edited by steven4064
potentially libellous comment removed
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hi violet im no expert in this, dont let them restructure your loan if the ppi is incorrect the whole agreement is loo roll, wait until someone else like postggj comes along to give you advice on this tho, seems to be quiet at the mo in here

 

BUT if you do don't forget to add contractual compound interest (in the same way they do) to ALL of the PPI payments + interest you have made when you shouldn't In other-words capital & interest paid + further contractual compound interest on top

 

Remember they have deprived you of that money in much the same way as the banks have with their penalty charges AND whereas the banks are arguing entitlement Welcome can't do the same. There is NO right for them to profit from mis selling AND you can use the same method to calculate it as we have for bank charges ............Should come to a tidy sum;)

Edited by JonCris
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My apologies Steven,

 

You are right, of course.

 

But like many of us, the stress that this organisation has caused me is actually making me ill.

 

I hope that the Citizens Advice Bureau tells me what action I can take ( In Court, if needs be ) against WF.

 

All my other creditors have played fairly and behaved totally responsibly.

 

What makes Welscum so important that they do not feel they have to act in a decent manner.

 

Voda

 

Hi Guys,

 

I really am getting to the end of my tether with this bunch of [edit].

 

Some smoothie left a message for me to call him today.

 

THEY NEVER ANSWER MY LETTERS so I am going to put all my correspondence in the hands of the CAB as all these so called financial organisations such as the FSA and Financial Ombudsman are rubbish.

 

I am so glad that I have everything in writing.

 

Voda

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Indeed Steven.

 

Again my apologies.

 

Take care and thanks all you guys for this awesome forum ....:)

 

Voda

 

We appreciate the stress they cause but we don't want them suing CAG - that would just make it worse
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WFW you have wisely removed your name and address from the agreement but left the vehicle registration number showing - it might be wise to remove that too - I have removed the link in the meantime

 

thanks ste,

 

nice too know the forums protects its members from the enemy...

 

your ok leaving it out post ggi has all the info now

 

cheers

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hi violet im no expert in this, dont let them restructure your loan if the ppi is incorrect the whole agreement is loo roll, wait until someone else like postggj comes along to give you advice on this tho, seems to be quiet at the mo in here

hi tigga i have no way to post my letter but im sure its the same as foresures the fos av stated that they av to pay all ppi paid including any charges and interest +8% per year oup to the date im paid + the loan should be put back to were i should be if no ppi was ever charged +200 compensation so hopefully there will be no loan left it started at 1,500 and in 4 years iv paid approx 4,000 and theres been nearly 2,000 in ppi wat you all think iv already accepted am i daft :eek:

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having just read a thread it was said that if you re-write your loan you don't have to pay the acceptance fee again, but how can you tell if the loan is re-written?

 

lets say loan A is for £2000 and you are having problems with the repayments so they get you in to sign another loan to make the payments lower does that make it a re re-write as you gain nothing except smaller payments?

 

if that is the case what does the acceptance fee mean for re-written loans? does that invalidate it? or will they use the excuse that its a a new loan?

 

sorry had to ask 'cos it got me wondering....

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Basically what they do is to give you a completely new loan with an amount of credit equal to the early repayment value of the first loan. They have to do this because the terms of the second loan are different from the first.

 

The terms of the second loan will to their advantage, not yours. i am working with someone who has this. On the second loan they halved the minthly repayments but multiplied the term by 2 1/2 so the cost of credit went up from £1800 to £4500 not including what had already been paid.

 

 

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I don't think it would affect the enforceability. In the case I am working on, they didn't charge an acceptance fee.

 

However, what they did do was to include the insurance premiums. What I mean is this -

 

On the first loan the total amount of credit was shown as being made up of a cash advance and insurance. They have two signature boxes for the two bits but they don't split the monthly payments and cost of credit which somme of us think they ought to because the tow bits are different categories of credit as defind in the cCA 1974 and so it is a multiple agreement (s18 of the CCA 1974). IMO (not everyone agrees) this makes the original agreement unenforceable.

 

The second agreement just has a single amount "credit to settle loan". The two categories of credit have been lost completely - IMO thatmakes the second agreement unenforceable too (no doubt others will not agree :))

 

However

 

 

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and with no proof of the settlement figure for loan A, the rebate for insurances and interest...you pay back far more than you took out plus interest on the previous loans acceptance fee and interest on the interest...very beneficial to the consumer.......not!!

 

but proving it is unethical and immoral let alone illegal is impossible. is there anyway you can get hold of all the info regarding the insurance rebates etc?

 

with the apparent re-written loan we have (currently in dispute) they have added an acceptance fee, I guess i am going to have to SAR the company with regards to all loans held and not just the "new" one that appeared.

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