Me v Welcome Finance

[x12Geo]

Hi ,everyone it's me again Geo

I am a newbie to this site and to this forum.i have been looking for the idiots guide to what to do about Welcome Finance and unenforceable agreement etc............... but I am still having trouble.

Can some genius list in a step by step way, how I go about claiming back.
I have been in touch with Welcome Finance re: Subject Access- they sent me a photo copy of Agreement + Statement.
Statement shows different dates for direct debits,add hoc fees,etc, variances from statement sent in 2005.



Thanks for listening!


Geo

[Mochamoo]

Re: Me v Welcome Finance

Welcome back geo x


~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles


Can you scan up what they have sent you ?

[x12Geo]

Re: Me v Welcome Finance

Hi Mochmoo,

First of all I do want to say thanks.

Sorry for the delay, I have now uploaded documents,by date October 2009, January 2003, February 2003, March 2003, Equifax Report 2008 Shows as Joint Mortgage,January 2005 and April 2005.


I have never used pdf before so I hope this works apologies to all readers for my lack of confidence.

Can someone please advise if this CCA is enforceable -


Thanks for listening!!



Geo

[Mochamoo]

Re: Me v Welcome Finance

I have never used pdf before so I hope this works apologies to all readers for my lack of confidence.

Can someone please advise if this CCA is enforceable -


Thanks for listening!!



Geo

Cant see anything:tinysmile_twink_t2:

[x12Geo]

Re: Me v Welcome Finance

Hi Mochmoo,

First of all I do want to say thanks.

Sorry for the delay, I have now uploaded documents,by date October 2009, January 2003, February 2003, March 2003, Equifax Report 2008 Shows as Joint Mortgage,January 2005 and April .2005.


I have never used pdf before so I hope this works apologies to all readers for my lack of confidence.

Can someone please advise if this CCA is enforceable -


Thanks for listening.



Geo

[x12Geo]

Re: Me v Welcome Finance

Hi Mochmoo,

First of all I do want to say thanks.

Sorry for the delay, I have now uploaded documents,by date October 2009, January 2003, February 2003, March 2003, Equifax Report 2008 Shows as Joint Mortgage,January 2005 and April .2005.


I have never used pdf before so I hope this works apologies to all readers for my lack of confidence. Here goes again.

Can someone please advise if this CCA is enforceable -


Thanks for listening!!!!!!!!!!



Geo

[Amethyst]

Geo v Welcome - CCA

Secured Loan from Welcome Finance.

Docs all attached

[Amethyst]

Re: Geo v Welcome - CCA

Sorry Geo am having to split it up a bit so am putting up agreement parts first and trying compressing the file ...

[Amethyst]

Re: Geo v Welcome - CCA

Terms & Conditions

(let me know which other pages you think need to go up)

[Amethyst]

Re: Me v Welcome Finance

Letters / Standard security

[Amethyst]

Re: Me v Welcome Finance

19th jan statement first page

[x12Geo]

Re: Me v Welcome Finance

Hello To All

I am desperately awaiting advice on how to proceed with Welcome Finance. I have sent both leters from this site to reclaim PPI - no joy with WF.

As I live in Scotland any help would be most helpful.


Many thanks

Geo:focus:

[Amethyst]

Re: Me v Welcome Finance

Legal Beagles

Is the agreement.

My initial thoughts - no Total amount of Credit, no Total Charge for Credit and no split of the interest applied to any insurances despite being Optional PPI - nothing showing how the mortgage indemnity has been charged etc, so I'd say that it is unenforceable.

But theres a few Welcome experts about so will bump them over to have a look.

[x12Geo]

Re: Me v Welcome Finance

Hi Amethyst


Thank you I do appreciate your prompt reply. I will await the news on how to proceed.


I think this is a fabulous forum and have directed my friends to read the posts on how to claim bank charges and loan agreements with PPI from Barclays.

:beagle:What a 1st Class Team!

[Amethyst]

Re: Me v Welcome Finance

I asked Curly to have a quick look -

Total amount of credit is there but not total charge or total amount payable. Also this is clearly a multi agreement and is incorrectly formatted. So overall only enforceable by court order, BUT Xerox applies.

Quote:
The agreement is lacking the prescribed term of Amount of credit as defined in Consumer Credit (Agreements) Regulations 1983 SI 1983/1553 Schedule 6(1).
Also
Lacking Total Charge for Credit, contrary to Regulation 2 and Schedule 1 para 9 SI 1983/1553 as this agreement falls within para 9 and not the exceptions (a-c)

Lacking Total Amount Payable contrary to Reg 2 and Schedule 1 para 11 SI 1983/1553

Therefore the agreement fails to comply with section 61(1) (a) in so far that when the agreement was laid before you it didnt conform to regs under s60.
a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
as a result it also fails under s61(1)(c)
(c)
the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.
and therefore its improperly executed

Rank Xerox Finance Limited -v- Hepple, a single breach of schedule 1 was held sufficient to mean the court lowered the debt from £5k to £500 however id argue that this is worst and causes more prejudice as the costs of borrowing is unclear and that non compliance with the Act should be discouraged

Link from My mate PT: Legal Beagles - View Single Post - CB gets some new


So basically unenforceable as it stands but not iredeemably as a court can impose terms on it to make it valid.