Angelizing V Welcome Finance

[Angelizing]

Not as welcome as I hoped.

I had taken a credit agreement out with them and for the past nine months I have been requesting statement via telephone, they have never been sent out. I forfeited a payment last month and this is what really got my guard up:

They had sent me three letters in the space of fifteen days, and had the pleasure in charging me!
Charged me for telephone calls they made to me (even though I had called and explained that I will forfeit the month)!
They breached the data protection (wha'dya call it).

I was quite happy to drop the fact that they had breached the data protection issue but now the rest has cropped up I am not so sure?
Do I have anything to go on, I know that I can request all my information from them and they will have to respond within 40 days (thanks Cel), but I just do not want to have anything more to do with them.

The loan has been more than paid but the fact that it was such a high interest rate means that I am still paying it . My own fault, I was aware of the rate. I missed a payment once before due to redundancy but they would not let me claim with the insurance I took out. It was never explained to me. I had been quite silly when I took the agreement out with them but I do not think they are right in what they are doing.

Does anyone have any wisdom and do you know where I stand with this, pleeeeease? :o

Ang.

[iancognito]

Well firstly join the club, you're not alone!

The charges for letters etc plus any other fees for missed payments will be claimable, letters in the templates library, you need to send an SAR letter with a cheque for £10 to see exactly what you have paid and the reasons for it.

It also sounds like the PPI was mis sold too, did they tell you why you couldn't claim for redundancy?

[Angelizing]

They told me I had to be in the employment of my previos company for two solid years, I was only with them for 11 months before I took out the loan :rolleyes:, they were aware of this and still sold it to me for almost 2grand!! I did not know that it would cost that.

[Angelizing]

I also forgot to say that I cannot claim for anything unless I am in two years solid employment. This is my second loan from them, they were fine with the first one and that was paid before I took this on. They knew I was contracting when I took the second one out?

[iancognito]

If they sold you PPI knowing you were contracting, they have definitely mis sold the PPI so that's the first claim to go in.

Have a look at this:

The Office of Fair Trading: Payment protection insurance 'failing consumers'

and this:

FSA update on payment protection insurance (PPI)

There's more on both websites regarding PPI and mis selling.

[veilside01702]

Hi Angelizing...
First of all, I would write to welcome with a letter saying 'Account in Dispute' at the top. You need to put all points of dispute in the letter....
This should get the account on hold whilst they investigate....

State why...i.e....The PPI (Payment Protection Insurance) was mis-sold, how they didn't inform you that as a contrator you would not have been covered at all. That they were made aware of this at inception of the loan and PPI.
You could add a copy of the reports Iancognito posted above....
Also add that the Penalty charges levied for letters and telephone calls were added after you had contacted them to try to discuss the debt. State that on numerous occasions you called them requesting your statements and that they will be able to see that from their notes on their records.

Before you do anything we need to know:-
How much did they charge for the calls and letters????
Did you deffinately tell them you were contracting when you signed agreement??
Did they disclose you had to be employed for 2 years when you took out the loan and PPI??
Did they make you aware that contractors are not covered under PPI??
Have they refunded or stopped your payments for the PPI part of the loan??
Was the PPI added to the original loan amount....say £3000 loan and £1000 PPI making a £4000 lump or was it say £3000 loan but paying a monthly additional amount for the PPI??
Sorry to ask soooo many questions Angel......lol

Anyone else think of anything I have missed??
Iancognito.....Saphire?????

[Angelizing]

Hiya, you have covered all of this great, thank you soooo much!!

When I took the second agreement they were aware that I was working for the agency as it was explained to them as an umberella company and they needed to see pay slips etc.

When I have called them and requested statements they have said to me before that they only have two calls logged as requesting, I was fuming because I was even dealing with the team leader and manager who did later state that she had conversations with me requesting them.
When they called to speak with me to remind me that a payment would be due in a few days, my partner answered the telephone and he asked why had they not sent out statements that I had been requesting, the guy then said to him "looking at the account I cannot see anything as being requested". This was the data protection issue that I had with them, so I was allocated someone else.

They sold it to me but I must look at the paperwork and it was almost two thousand, they are charging me around £10 per letter, £20 pound for me stopping the direct debit and I think they are charging either £10 or £20 for a phone call.

He said that there was nothing on my account to state that I had called, I can get the telephone records if needed to prove this and it was him that I talked to.

I do not think they added the PPI to the loan amout, they have never stopped it or refunded anything and they did not make me aware that I would not be covered, they told me that I would be covered for unemployment, sickness and all the rest. I am not too sure if they have added it as an additional amount, I also think that they were taking the interest first before taking anything off of the amount of the loan.

I think I have everything... ...phew lol. I will write to them first thing tomorrow, thank you, this is a great help and something I would never have thought to do.

Ang XX

[veilside01702]

Hi angelizing.....modifying a letter for you from the template letter section....
I will post it on here later for you....
Then all you need to do is cut and paste it into word document.....
Russ

[veilside01702]

Account In Dispute

Your name
ADDRESS
ADDRESS
COUNTY
POSTCODE


DATE


Banks NAME
ADDRESS
ADDRESS
POSTCODE



Dear Sir or Madam,

ACCOUNT NUMBER: xxxxxxxxxxx

I am writing with regards to my debt with Welcome finance Ltd.

I consider the debt to be in dispute as I believe the Payment Protection Insurance was mis-sold after I disclosed my employment as agency work. You have continued to take payments from me without refunding the money already paid to you under this policy, even after informing me it would never have paid out!

You have failed to supply any statements of account as required under the Consumer Credit Act 1974 and subsequent revisions.
You have promised on numerous occasions to supply these statements, but as yet have supplied none!
I have called and spoken to management personnel about these requests, yet found they have failed to put any information about these calls on my file!

You have charged me for letters and telephone calls made after I have already discussed these matters with you!

These charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that the charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.

For your information, I will not be making any more payments to yourself until this matter is resolved.

Currently the amount outstanding on the account is £xxxx.xx .

The amount I calculate you have taken in unlawful penalty charges is £xxxx.xx. On the resolution of this matter I will resume making payments on any outstanding sum.

You will be aware that under the Banking Code, to which you subscribe, you may not default my account or take further enforcement action whilst the debt is in dispute. It is in both our interests to come to a swift resolution.

I require you to fully investigate my concerns immediately!

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours Sincerely



Your Name

[Angelizing]

Russ, you are an angel. XX

Thank you

[veilside01702]

Glad to help in anyway....
Let me know what they say in reply......lol
Russ

[Angelizing]

Hi Russ,

Just one more query, would I be able to get them for the PPI they sold me on the previous one? About to catch them for everything now, all the messing around has not done them any justice!

I will let you know exactly what they respond... ...I can just imagine lol

[veilside01702]

You can do them for anything they mis sell to you.......
As long as we can prove they were aware of the circumstances when they sold it too you....yes you can go after the PPI from the other loan as well.....

You will need to prove you disclosed your employment status, income, etc....
The next letter will be a Subject Access Request.......this should get the recordings of conversations you had, all correspondance, notes on their computer system, internal correspondance about your account, etc......everything!
And see what they come back with......
And the Consumer Credit Request letter......to see if they send a true copy of your original agreement.....this can be very helpful.....
Russ

[Angelizing]

This should be great fun

I am extremely looking forward to this!

Thanks a million, my partner cannot believe the difference in me. Just being able to say to them now I know for a fact you are in the wrong makes me feel 10 times better. How was legal beagles set up, I never knew it existed? I am sooooooooo over the moon that I have found it now

[veilside01702]

Hi Angelizing....
Legal Beagles was set up by some experienced claimers and wonderful people....
They used to advise people on another site....but found that site was way too serious and they couldn't have a laugh at the same time...
They set this site up to help people claim as well as cope with the stress's of dealing with everyday consumer issues....
So they make sure we have a laugh as well as get all the advice we need.....
Without the laughs this would be unbearable and many of us would have folded and given up a long time ago!
The people to thank are Amethyst, Celestine, Cetelco, Saphire, Matt, Tools, Mad hatter, Amy and Nattie for some great advice and support.....I think that is everyone.....Not forgetting all the members here who share so much help, support and advice......
You can also get Proffessional advice for Wills, Trust deeds, Conveyancing, Divorceand even Bank charge claims if you get to a point you cannot cope.....

And now you are one of us........god help your sanity.......lol
Russ