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FOS VS Welcome Finance

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  • FOS VS Welcome Finance

    Hi can anyone help ?

    I have had a complaint against Welcome for ages with the FOS, to cut a very long story short they keep sending me incorrect statements saying i owe them more than I do. It comes down to PPI that I was returned a few years back with help from the FOS and they keep messing up the balances etc with the account. Ultimately they are sending me statements that say I owe them £12000 when my balance should be around £7000. Anyway a few months back the FOS sided with me as I had loads of evidence, they asked Welcome to restructure the loan and put things right. They also told them to pay me £400 compensation for that and a couple of data protection errors. They refused and said the statements were correct although the FOS stated it was very clear that they were wildly inaccurate. So I have been waiting 8 months for the Ombudsman's final decision and then I get this through the post;

    "..... based on the information currently available, I think it is likely that we will ultimately decide that it would not be appropriate for us to consider your complaint further and I am writing to explain why and what will happen next...."

    "... in 2010 Welcome ran into financial difficulty. To allow it to continue as a going concern and to provide a better return for creditors than they would get if Welcome were placed into administration, it asked the courts to approve a scheme of arrangements between welcome and its creditors that would allow it to restructure its debts. The courts approved the scheme, further details can be found at www.cattles.co.uk/schemes/wfsl-creditor

    " Under the terms of the scheme the courts approved, welcomes creditors had until 2 June 2011 to submit a claim for payment to the scheme supervisors"

    "It is our understanding that welcome is not allowed to make payments to scheme creditors who did not submit claims before 2 June 2011"

    "Welcome has now informed us that it believes you are a scheme creditor under the rules of the court approved scheme and that you are bound by its rules - even though you may not have known about the scheme at the time, or even identified that you had a potential claim against welcome. This is not something welcome had drawn to our attention until recently."

    "To be certain, Welcome has applied to the courts for clarification about the scope of the court approved scheme- in particular a declaration about wether the scheme applies to people with claims against it like yours. It has told us the hearing is likely to take place in October although a date has not yet been set. "

    "..... If ultimately the court decides that you are a scheme creditor bound by the scheme, then I'm afraid it is also my view that it would not be appropriate to investigate your complaint."


    Does anyone know what is going on ? Does this mean I owe them whatever they say I do ? Im worried now that I will owe them whatever they put on their statements ?

    HELP :-( :-(

  • #2
    Re: FOS VS Welcome Finance

    Originally posted by DanDaniel View Post
    Hi can anyone help ?

    I have had a complaint against Welcome for ages with the FOS, to cut a very long story short they keep sending me incorrect statements saying i owe them more than I do. It comes down to PPI that I was returned a few years back with help from the FOS and they keep messing up the balances etc with the account. Ultimately they are sending me statements that say I owe them £12000 when my balance should be around £7000. Anyway a few months back the FOS sided with me as I had loads of evidence, they asked Welcome to restructure the loan and put things right. They also told them to pay me £400 compensation for that and a couple of data protection errors. They refused and said the statements were correct although the FOS stated it was very clear that they were wildly inaccurate. So I have been waiting 8 months for the Ombudsman's final decision and then I get this through the post;

    "..... based on the information currently available, I think it is likely that we will ultimately decide that it would not be appropriate for us to consider your complaint further and I am writing to explain why and what will happen next...."

    "... in 2010 Welcome ran into financial difficulty. To allow it to continue as a going concern and to provide a better return for creditors than they would get if Welcome were placed into administration, it asked the courts to approve a scheme of arrangements between welcome and its creditors that would allow it to restructure its debts. The courts approved the scheme, further details can be found at www.cattles.co.uk/schemes/wfsl-creditor

    " Under the terms of the scheme the courts approved, welcomes creditors had until 2 June 2011 to submit a claim for payment to the scheme supervisors"

    "It is our understanding that welcome is not allowed to make payments to scheme creditors who did not submit claims before 2 June 2011"

    "Welcome has now informed us that it believes you are a scheme creditor under the rules of the court approved scheme and that you are bound by its rules - even though you may not have known about the scheme at the time, or even identified that you had a potential claim against welcome. This is not something welcome had drawn to our attention until recently."

    "To be certain, Welcome has applied to the courts for clarification about the scope of the court approved scheme- in particular a declaration about wether the scheme applies to people with claims against it like yours. It has told us the hearing is likely to take place in October although a date has not yet been set. "

    "..... If ultimately the court decides that you are a scheme creditor bound by the scheme, then I'm afraid it is also my view that it would not be appropriate to investigate your complaint."


    Does anyone know what is going on ? Does this mean I owe them whatever they say I do ? Im worried now that I will owe them whatever they put on their statements ?

    HELP :-( :-(
    I know that it is an old post but I have a similar complaint that is currently with the ombudsman, and I also received the same letter from them word for word.

    Today I have received an up-date from FOS apologising for the delay in their response and that they were awaiting the outcome of Welcome's application hearing outcome.

    It supposedly went ahead in January but they are still awaiting for the judge's decision ?

    Once judgement received then they will review further and what it means to my complaint.

    Has anyone else received the same or is there anyone who can possibly explain what this will mean with my existing loan and to the above ?

    Cheers

    Bazza

    Comment


    • #3
      Re: FOS VS Welcome Finance

      Originally posted by Bazza View Post
      I know that it is an old post but I have a similar complaint that is currently with the ombudsman, and I also received the same letter from them word for word.

      Today I have received an up-date from FOS apologising for the delay in their response and that they were awaiting the outcome of Welcome's application hearing outcome.

      It supposedly went ahead in January but they are still awaiting for the judge's decision ?

      Once judgement received then they will review further and what it means to my complaint.

      Has anyone else received the same or is there anyone who can possibly explain what this will mean with my existing loan and to the above ?

      Cheers

      Bazza
      bump :tinysmile_twink_t2:

      Comment

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