Poochie and WFS Summary

[seduraed]

Re: Poochie and WFS Summary

if you are trying to pay wfs it might be worth putting the payments money aside in a bs account until you get descision from fos. it will also look good if you do end up in court as the payments are being held until you know where to send them . BTW have you tried either of the following?
Sending a bs cheque for payments , wfs generally do not now accept personal cheques , or try getting a cash payment card, these take about four weks to arrive and need to be ordered by the office and then are sent to your home address and you can make cash payments at the post office. These havethe great dvantage of giving you total control . it may be necessary to fibto wfssand say that you no longer have an account that will allow electronic payment

[frisp]

Re: Poochie and WFS Summary

Contact the Govan Law Society for advice and assistance on your cases.

[SpringerSpaniel]

Re: Poochie and WFS Summary

I would endorse this recommendation of the Govan Law Society.

[poochie]

Re: Poochie and WFS Summary

ok guys i will contact govan law society tomorrow or friday.... im goin back on night shifts tomorrow but will try keepin in touch on here to let you know wats happenin.

thanks guys

[poochie]

Re: Poochie and WFS Summary

ok guys....I am now baffled again.
I spoke to someone at govan law society today, and they referred me to a law centre in my area.
I then phoned them only to be told they deal with debt issues and housing problems etc and tehy referred mt to local solicitiors.
I phoned solicitors and they dont deal with ppi claims.
I phoned several local solicitors in dundee area today and none of them take on any ppi claims!.....

So whats my next move!...... I have no idea and am totally stumped now.

[labman]

Re: Poochie and WFS Summary

If the Govan Law Society deal with debt, they should deal with you. You have a debt with WFS for which you cannot make any payments as a result of which you now risk losing your house. The ppi is an integral part of why you are in this situation, but I'd go back to them on Monday placing more emphasis on your debt and the fact that your house is at risk because of it, then explain about the ppi as part of the debt problem.

Hope that makes sense.

[frisp]

Re: Poochie and WFS Summary

Poochie

I agree with labman, if you approached Goven LS with just the PPI claim I'm not surprised they kicked it back.

Your main concern should be the debt and the possibility of repossession. This is where they should be able to help.

Go back to them and lay out the issues of the debt first and then the PPI reclaim as a bi product.

[Sparkie1723]

Re: Poochie and WFS Summary

Have you thouht of Pro Bono assistance...........ther are even some QC's that offer their assistance under this scheme....I am sure that you would find one ....some offer up tp 8 hrs free advice

Just a thought

Sparkie

[poochie]

Re: Poochie and WFS Summary

thanks guys but i did mention the debt and repossession problem and they referred me to other people in my area.
those people said they dont deal with my kind of complaint and rattled off daft excuses before tellin me to phone companies in yellow pages from my area.

I have tried explainin my situation to each solicitor firm but none of them have anyone who specialises in ppi claims which they say my problem boils down to and the fact that cattles/welcome are basically in turmoil.
1 solicitor even advised me to keep sendin letters or phonin welcome and recording my calls and let them take me to court because i would have enough evidence for a judge to rule in my favour.... he basically sayin sit it out and let them chase you. He also mentioned the fact that we are in a trust deed which would make their efforts to force sale of our home very hard indeed especially if trust deed advisor has contacted welcome on our behalf which he has.

so now you see why i am so confused......

At the moment, I am sifting thru all paperwork from welcome as well as the FOS and gettin all letters in order they were sent.
I am seriously considering taking this to small claims court in my area to try get something serious done about this...... It seems my only course of action at this moment as well as starting payments to empingham debt agency.
I amy not get into courtroom after someone reads my claim forms, but i may get call directing me to appropriate people who can help.

anyone got any more advice for me please...... I know this has been goin on for very long time and must seem very borin now, but for us who are living thru this on daily basis and worryin, i rally need to take some drastic action now before the stress causes a nervous breakdown.

thanks so much to everyone who has posted advice for us.... its always much appreciated

[enaid]

Re: Poochie and WFS Summary

Thomas Szymkiw
FSCS Operations
Welcome Financial Services Ltd

Read more at: Poochie and WFS Summary - Legal Beagles Consumer Forum


Just wondered Poochie are the FSCS involved in this ?

[frisp]

Re: Poochie and WFS Summary

I would try the Scottish citizens advice bureau and ask for an appointment to discuss your problem.

As a starter copy Caspers summary onto a word document so that you can give it too them to kick the meeting off.

Citizens Advice Scotland | Home

I'll ask my mate for another reference up North if he has one

HTH

[labman]

Re: Poochie and WFS Summary

Have you tried the no win no fee solicitors over this. As long as you have evidence of everything said regarding the FOS insisting you sign a blank agreement (except for the interest rate which was higher than the original) etc... then it may be something they would consider taking on for you.

[poochie]

Re: Poochie and WFS Summary

i dont thinks so enaid..... just the FOS that i have corresponded with so im sure the answer is no.

will they be able to help?

[teaboy2]

Re: Poochie and WFS Summary

Poochi whatever you do do not make payments to the DCA, if you do so you will have entered an agreement with them and accepted Welcomes repudiation of contract, as their refusal to allow you to pay means they will not honour their part of the agreement leading to them being in repudiation of contract.

1) Set up a Basic Account or a post office account and place you payments in their for the months you have not been able to pay.

2) Accept the offer of compensation

3) Write a letter to them refusing to sign the new agreement as it is unlawful for them to demand you sign an agreement that is minus any figures and has a different rate of interest to your original agreement. Informing them that the original agreement is still legally binding and their refusal to to accept payments when due under the original agreement minus any amounts for the missold PPI is an act that leads to their repudiation of contract i.e. their refusal to honour their part of the agreement.

Thats why the solicitor was telling you to sit it out as no judge in the land would allow them to win at court given the carry on and the way it is they themselves that have brought about the situtation by refusing to honour the original agreement terms minus the missold PPI terms that simply are now revoked and no longer part of the original agreement. A jusge would simply agree that they have committed a repudiation of contract. As such if they terminate and sell the debt then it will become an unlawful rescession. Basically them taking you to court would be the best thing for you as you can simply use their refusal to allow you to carry on your repayments as their repudiation of contract and as such make a counter claim for such repudiation. A judge will depending on how generous he feels, may well not only award you compensation on top of what you already been offered, but could well write the whole remaining debt off as punishment for the way welcome have acted. Their is no way in hell they would win in court.

So sit back carry on making repayments into the POST office account or basic bank account you set up, after 6 years since last payment to them was made the debt will be statute barred, but then you can take the money out and go shopping with it or take a holiday. In the mean time if they put a default on your credit file it will be inaccurate and libellous as they are the ones in repudiation of contract and in default of the agreement for not allowing you to repay. So sue them for libel if they add a default as well as unlawful repudiation of contract. Infact a letter before action threating to sue for libel and unlawful repudiation would most likely succeed in the default being removed.

Aslo as you paying into the post office account you can take copies of statements to court with you to show you are willing to pay and it is simply their refusal to take payment from you, and their repudiation of contract that led to you being taken to court, so ineffect you will have shown to the judge they have brought you to court for a matter that arisesd from their own unwillingness and refusal to perform their own part of the contract, (repudiation). You would laugh them out of court Poochie.

P.s. the DCA has no legal right to payments at all, even if they buy the debt, as the repudiation by the original creditor would mean you are well within your rights to refuse to enter any payment agreement with a DCA or company that purchases the debt.

So sit back enjoy your compensation and wait and see what their next moves are, but do what i suggested in the steps above too.

[Sparkie1723]

Re: Poochie and WFS Summary

Apologies I posted on wrong thread OOOPS...my post was about unregulated/exempt agreements
Sparkie