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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
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      By Man in the middle · Posted

      Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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      By dx100uk · Posted

      already answered   dx  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Welcome Finance - This company needs to be banned.

tightbum

By tightbum
in Welcome Finance

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Posted
Posted
you cant cancel it

 

no cooling off period

 

but they wont tell you that

 

Martel - you might find this link helpful:

 

Credit and hire agreements - The Office of Fair Trading

 

Post is correct, difference is cooling off period, cancellation and also provision of copy of executed agreement.

 

On your DPA request, Welcome are relying on (Weak) case law that has specified that they only have to provide data relevant to you in relation to your request, clearly though your copy agreement is relevant for your enquiry.

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Martel

Martel

Posted
Posted
you cant cancel it

 

no cooling off period

 

but they wont tell you that

 

What I can't comprehend is why signing it on their business premises is condition (d) under the 'Customer Declaration'. A Welcome employee came to my property and expected me not to notice that they had pre ticked three expensive and non essential insurance policies on the agreement (!). I noticed this after I signed (I was in a hurry to get the creep out of my house) and cancelled it.

 

Subsequent paperwork was done through the post.

 

And, they sent me the cheque MONTHS before the date of the 'agreement'. Funny, Welcome refuses the confirm the date the funds were sent to me....

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Martel

Martel

Posted
Posted
Martel - you might find this link helpful:

 

Credit and hire agreements - The Office of Fair Trading

 

Post is correct, difference is cooling off period, cancellation and also provision of copy of executed agreement.

 

On your DPA request, Welcome are relying on (Weak) case law that has specified that they only have to provide data relevant to you in relation to your request, clearly though your copy agreement is relevant for your enquiry.

 

MP, thanks so much for the link....v informative!!! MX

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dx100uk

dx100uk

Posted
Posted
Yesterday I paid off my welcome finance loan. It was a small unsecured loan taken out over two years. I haven't ever had any phone calls from them, and the only correspondence received was my yearly statement. I paid each month on time, which is why I think I was left alone.

 

I'll be leaving this forum now, something a lot of people will no doubt be happy about, but my parting message is this:

 

To all those who have genuinely been mis-sold a product, lied to or or been deliberately misled, I wish you the very best of luck in your claims.

 

And to those who knew exactly what they were getting in to, but chose to throw caution to the wind, or never really intended to pay the loan back in the first place (and they do exist - you know who you are), I hope welcome get back every penny they are owed.

 

bye x.

 

bye

:rolleyes:

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx100uk

dx100uk

Posted
Posted

THIS THREAD IS FOR REFERENCE ONLY

IF YOU HAVE AN ISSUE WITH WELCOME FINANCE

START YOUR OWN THREAD HERE:

Welcome Finance - The Consumer Forums

click down 1 page the NEW THREAD box is on the left

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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JonCris

JonCris

Posted
Posted

Friend of mine had a weird & wonderful telephone call from Welcome a few days ago.

 

They are nor have they ever been in arrears & the Welcome caller 'invited ' them to increase their payments by £100 per month:eek: "cos it'll mean they'll pay less interest if the loan's paid off earlier" Doh:rolleyes:

 

PS they are challenging the PPI which they never requested or needed

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beyondhope

beyondhope

Posted
Posted
im sure i was informed on this site even if you sign if the office you still have a cooling off period

 

 

I have in writing from welcome that there is no cooling off period although that was an HP agreement

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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rach8736

rach8736

Posted
Posted
I have in writing from welcome that there is no cooling off period although that was an HP agreement

 

 

if i beleived everything welcome put in writing i would e free off them and owe them nothing

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steven4064

steven4064

Posted
Posted

This is a message for anyone having trouble with Welcome

 

If the agreement you have includes insurance, we are pretty sure the agreement will be in big trouble.

 

The reason for this is that we are pretty sure that Welcome paid themselves a commission on that insurance - by that, I mean that they paid Norwich Union (or whoever) a certain amount for the policy but then charged you more.

 

Of course the agreement doesn't tell you that and therein lies their problem.

 

You see, the law is pretty clear. Hidden commissions are a big no no. They have the potential to make the whole agreement void (that's even better than unenforceable). Even if a court didn't declare the agreement void, they would have to declare it unenforceable anyway.

 

This is because, a commission is part of the cost of credit not part of the loan amount. THerefore, the loan amount, the cost of credit and the APR are all wrong on the agreement. They are also terms prescribed in schedule 1 of the Consumer Crecit (Agreements) Regulations 1983. the fact that they are wrong makes the agreement unenforceable under s61 of the CCA 1974.

 

Details of the amount Welcome paid for the insurance policy are contained in a document called the underwriting sheet. Ask Welcome for a copy. They won't give it you, but if push comes to shove you can get a court to order them to give it to you. Any case they might then try to make against you will go out of the window.

  • Haha 1

 

 

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mark1arby

mark1arby

Posted
Posted
This is a message for anyone having trouble with Welcome

 

If the agreement you have includes insurance, we are pretty sure the agreement will be in big trouble.

 

The reason for this is that we are pretty sure that Welcome paid themselves a commission on that insurance - by that, I mean that they paid Norwich Union (or whoever) a certain amount for the policy but then charged you more.

 

Of course the agreement doesn't tell you that and therein lies their problem.

 

You see, the law is pretty clear. Hidden commissions are a big no no. They have the potential to make the whole agreement void (that's even better than unenforceable). Even if a court didn't declare the agreement void, they would have to declare it unenforceable anyway.

 

This is because, a commission is part of the cost of credit not part of the loan amount. THerefore, the loan amount, the cost of credit and the APR are all wrong on the agreement. They are also terms prescribed in schedule 1 of the Consumer Crecit (Agreements) Regulations 1983. the fact that they are wrong makes the agreement unenforceable under s61 of the CCA 1974.

 

Details of the amount Welcome paid for the insurance policy are contained in a document called the underwriting sheet. Ask Welcome for a copy. They won't give it you, but if push comes to shove you can get a court to order them to give it to you. Any case they might then try to make against you will go out of the window.

 

This is Exactly what postggj has been saying for eons!!! :D

 

Cheers, MArk

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Dizzle

Dizzle

Posted
Posted
This is a message for anyone having trouble with Welcome

 

If the agreement you have includes insurance, we are pretty sure the agreement will be in big trouble.

 

The reason for this is that we are pretty sure that Welcome paid themselves a commission on that insurance - by that, I mean that they paid Norwich Union (or whoever) a certain amount for the policy but then charged you more.

 

Of course the agreement doesn't tell you that and therein lies their problem.

 

You see, the law is pretty clear. Hidden commissions are a big no no. They have the potential to make the whole agreement void (that's even better than unenforceable). Even if a court didn't declare the agreement void, they would have to declare it unenforceable anyway.

 

This is because, a commission is part of the cost of credit not part of the loan amount. THerefore, the loan amount, the cost of credit and the APR are all wrong on the agreement. They are also terms prescribed in schedule 1 of the Consumer Crecit (Agreements) Regulations 1983. the fact that they are wrong makes the agreement unenforceable under s61 of the CCA 1974.

 

Details of the amount Welcome paid for the insurance policy are contained in a document called the underwriting sheet. Ask Welcome for a copy. They won't give it you, but if push comes to shove you can get a court to order them to give it to you. Any case they might then try to make against you will go out of the window.

 

 

How would that fit in with a refinanced loan with them? The original had the PPI and is since settled as by way of refinancing. The new loan has no insurances at all, but because the first loan is a bit dodgy when viewed as above, does it have an impact on the refinanced loan?

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