Welcome Finance - This company needs to be banned.

[andie_303]

As Long As It Rattled Mr P

 

Judges Are Well Aware Of Welcome Finance

 

Mud Sticks

 

No Smoke With Out Fire

 

He seems perfectly at home in that court - I have the feeling he's been there a lot

 

Was thinking about getting the case transeferred to a court by me so I don't have to traipse all that way back with my money - it's just not safe

 

On a serious note though - it would be easier than me going to them - and it would be interesting to see if they'd come to another court.

 

The only reason they turn up is it's on his doorstep and he's got nothing else to do with his time til his redundancy comes through

[postggj]

Andi, i think the rule of thumb on defaults are they must be handserved into our hand, or they must arrive through recorded post...agan if somone could clarify this it would be helpful.

 

The date on the "without prejudice" letter is 11 may, but only states fourteen (14) days..in bold print, the paragraph in my previous post is word for word...

 

The default notice attatched to letter, has 11 may 09 as date of notice... the actual wording from this stated further down in the notice is..

"To remedy the breach you must pay to us the total arrears of (increased by £226 in 1 week) within fourteen (14) days."

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENTACTION WILL BE TAKEN IN RESPECT OF THE BREACH."

blah blah...

This notice has not been signed by anyone??

 

 

HAS A DATE BEEN INSERTED, NOT THE 14 DAYS TO RECTIFY THE BREACH

 

WELCOME STILL CANT DO A DECENT DEFAULT NOTICE

[andie_303]

Andi, i think the rule of thumb on defaults are they must be handserved into our hand, or they must arrive through recorded post...agan if somone could clarify this it would be helpful.

 

The date on the "without prejudice" letter is 11 may, but only states fourteen (14) days..in bold print, the paragraph in my previous post is word for word...

 

The default notice attatched to letter, has 11 may 09 as date of notice... the actual wording from this stated further down in the notice is..

"To remedy the breach you must pay to us the total arrears of (increased by £226 in 1 week) within fourteen (14) days."

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENTACTION WILL BE TAKEN IN RESPECT OF THE BREACH."

blah blah...

This notice has not been signed by anyone??

 

Invalid default it must say blah blah blah 14 days {DATE when the 14 days is up}

 

toilet paper!

 

get your complaints going!

[dadofholly]

Invalid default it must say blah blah blah 14 days {DATE when the 14 days is up}

 

toilet paper!

 

get your complaints going!

 

Just read the notice they issued me with... no date

 

Right who do i complain too? and what is the relevent piece of legislation/ best practice or whatever...

 

Can they get anything right

[andie_303]

Complain to however will listen - OFT, Trading Standards and def FOS.

 

shout very loudly they're inundated with Welcome complaints at the mo

[andie_303]

it's the CCA 1974 thats the relevent legislation

 

Section 88 sets out the Contents and Effects of a Default Notice:

Quote:

 

(88) Contents and effect of default notice.

 

(1) The default notice must be in the prescribed form and specify -

 

(a) the nature of the alleged breach;

 

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

 

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

(2) A date specified under subsection (1) must not be less than seven days (14 Days from 19/12/2006, see below) after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

 

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed (now 14 Days, see below), the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

 

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

 

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

 

The Act does mention the word Date, suggesting that is what Parliament wanted to see appear in a Default Notice...

Quote:

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

See also the following:

 

Quote:

See: Consumer Credit Act (1974) and related Regulations

 

The PDF you want is Post #4 of the above Sticky Thread, and it's PDF number 6...

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3

 

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

To confirm when the 7 Days became 14 Days, look further down to the notes towards the bottom...

Quote:

 

NOTES

 

Amendment

 

Para 3: in sub-paras ©, (d) words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

 

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

 

The key part that affects this would be:

 

Quote:

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

The word date is therefore mentioned several times!

[dadofholly]

Andie

 

Thanks ... great help.

 

I'll get you that jezza date oif it kills me

[brassed-off-2]

Invalid default it must say blah blah blah 14 days {DATE when the 14 days is up}

 

toilet paper!

 

get your complaints going!

 

Just what i thought, thanks guys!

 

So when do you expect round 3 to commence, Andi?

 

Post good to see you back on the thread!

[andie_303]

I really just want him to say "this is my show" when we're in bed that would be soooooooooo funny

 

or at the very least recording it so I can have it as my message tone!

 

 

Oh god I need help!!

[andie_303]

Just what i thought, thanks guys!

 

So when do you expect round 3 to commence, Andi?

 

Post good to see you back on the thread!

 

 

First date after 35 days - so me thinking end July beginning of august.

[postggj]

We Are All Passed The Welcome Threapy Sessions

 

We Are The Welcome Grave Diggers Now

 

Final Nails Going In

[Prudence]

Post, I hope I did the right thing... I hit the red triangle with the exclamation mark in it and asked for pt's help

[postggj]

The Site Team Will Now Look In On Your Thread Pru

[brassed-off-2]

I really just want him to say "this is my show" when we're in bed that would be soooooooooo funny

 

or at the very least recording it so I can have it as my message tone!

 

 

Oh god I need help!!

 

 

:eek:UUUURRRRRRRRGGGGGGGHHHHHHH !!!!!!!!

 

TOO MUCH INFORMATION, ANDI

[donnymac]

hi guys , i have two accounts with welcome,

got this the other day-

we refer to your enquiry in which you requested a settlement figure along with a request that we provide an undertaking to remove our interest.

 

you may accept this letter as our undertaking that upon receipt of the full settlement the discharge documents will be sent to the relevent land registry district to remove our interest.

can anyone guess the type of account this refers to ,

well guys what do you think?.

 

received this on the 25th of last month with a 50% discount to settle and was only valid till the end of the month.

requested another on the 29th of the month, valid for 31days and the amount is less than the last but still 50% discount.??

[donnymac]

forgot to mention that the letter they sent on the 25th of last month was sent second class and arrived after the end of the month.

lol

[postggj]

welcome are very good at speaking double dutch

 

if you are doing a settlement, get the figures in writing

 

now the 50 % discount sounds very good but it depends on how long you have had the loan and how much has been paid back

 

blood out of a stone comes to mind getting a statement from welcome

 

welcome/cattles are desperate for money at the moment so some seriouse discount can be done

[donnymac]

hi post,

have done that and have the figures in writing,valid for 31 days with dates.

did you guess the type of account??.

land registry etc?.

[donnymac]

its for car on hp. lol

still waiting on s.a.r for both accounts and not even one letter from colpliance

regarding ppi.

[postggj]

what accounts do you have

car

personel loan, i take it a secured

 

have you contacted land registry to see if an interest has been lodged,

 

welcome were very lax and a few people have no interest recorded

[postggj]

i see

its a car loan

 

when was the sar sent

 

you mention 2 accounts though

do you have a personel loan

 

have you had any statements

when was the loan taken out

[postggj]

why is land registry involved for a car loan

 

do you have or seen the agreement

[donnymac]

hi, have no idea why it say stuff about the land registry,

i have an unsecured loan, paid for two years with no statements,

i havnt see the agreement for the car, car was taken out jan 08.

sent requests first week in feb 09,

paid loan for two years and only found out after a telephone call with them in jan 09 that i was paying for ppi on the loan

[postggj]

i think as usual, welcome have done you up like a kipper,

they realise this from your sar that you want answers

the 50% discount seems to be a carrot

 

they are in default of your sar,

ill post a letter in a mo to send

 

did you send the sar by recorded delievery and was it sent to compliance in nottingham

[donnymac]

it was sent to compliance and was recorded.