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welcome finance help needed - Legal Beagles Consumer Forum
I am trying here to summarise 24 pages of posts into one brief understandable post having just spent nearly 5 hours reading everything.
Bits are skipped but the main gist is this:
Poochie (OP) took out loan with Welcome (WFS) secured against their house in 2005. The OP is in a Trust Deed (Scottish IVA). WFS loan for £15000 over 120 months.
WFS added ppi and medicare as a condition of loan.
Another site told OP agreement was unenforceable (UE), but actually only UE on technicalities unlikely to stand up in court. OP advised to keep paying but report to FOS.
OP missed four payments with WFS permission on the understanding this loan would be extended by 4 months.
WFS failed to meet FOS deadline of 7 weeks to make offer. Soon after WFS accepted mis-sold ppi and sent a new agreement with a different interest rate , T&C's and no figures filled in asking OP to sign it. OP refused.
Jan 2010 WFS stop taking payments by Direct Debit from OP's account. Since then OP has tried paying by DD and debit card, but WFS have refused any payment.
After much to-ing and fro-ing FOS asked OP to sign new agreement with no figures filled in at all.
OP started reclaim for mis-sold ppi and complained to FOS. Clear dispute over refusal to sign a blank agreement and WFS refusing to process much till they receive this form signed.
May 2010 OP had cheques from WFS £101.28 for overpayments. £549.32 for something unknown (remains uncashed)
Nov 2010 DCA sends OP letter saying £14980 owed
Dec 29 WFS offer compensation of £7188.02 and agreed to write off some, but not all charges.
Jan 2011 WFS give OP 7days to agree or they'll withdraw compensation offer. OP asks for another 21 days to consider.
Aug 2011 Back to FOS who eventually tell OP to sign new agreement form still with no figures.
On top of this the statements sent to OP in an SAR simply do not add up at all.
OP has tried everything. FOS acting bizarrely by expecting OP to return a form with no figures at all written in.
Now DCA threatening action, OP in terrible state having done everything possible to try to resolve and maintain payments with WFS. Very scared and worried that house will be repossessed.
My opinion is that WFS are in such a mess due to their own situation with Cattles, so things are all over the place. If it went to court I cannot see how the OP could lose, and think the judge would think WFS were wasting court time trying to bring a case.
FOS are often useless and have turned out that way despite some promising action earlier on in the case.
Trust Deed (IVA) people backing OP to the full and agree that any court action against OP would be a waste of WFS time.
For those who've read the whole thing apologies for bits missed out, but have tried to convey some main points and the fact that Poochie has done everything possible. WFS are apparently using delaying tactics or deliberate misrepresentation.
Hope this is useful for anyone wanting to contribute without spending the time I just have!
I am trying here to summarise 24 pages of posts into one brief understandable post having just spent nearly 5 hours reading everything.
Bits are skipped but the main gist is this:
Poochie (OP) took out loan with Welcome (WFS) secured against their house in 2005. The OP is in a Trust Deed (Scottish IVA). WFS loan for £15000 over 120 months.
WFS added ppi and medicare as a condition of loan.
Another site told OP agreement was unenforceable (UE), but actually only UE on technicalities unlikely to stand up in court. OP advised to keep paying but report to FOS.
OP missed four payments with WFS permission on the understanding this loan would be extended by 4 months.
WFS failed to meet FOS deadline of 7 weeks to make offer. Soon after WFS accepted mis-sold ppi and sent a new agreement with a different interest rate , T&C's and no figures filled in asking OP to sign it. OP refused.
Jan 2010 WFS stop taking payments by Direct Debit from OP's account. Since then OP has tried paying by DD and debit card, but WFS have refused any payment.
After much to-ing and fro-ing FOS asked OP to sign new agreement with no figures filled in at all.
OP started reclaim for mis-sold ppi and complained to FOS. Clear dispute over refusal to sign a blank agreement and WFS refusing to process much till they receive this form signed.
May 2010 OP had cheques from WFS £101.28 for overpayments. £549.32 for something unknown (remains uncashed)
Nov 2010 DCA sends OP letter saying £14980 owed
Dec 29 WFS offer compensation of £7188.02 and agreed to write off some, but not all charges.
Jan 2011 WFS give OP 7days to agree or they'll withdraw compensation offer. OP asks for another 21 days to consider.
Aug 2011 Back to FOS who eventually tell OP to sign new agreement form still with no figures.
On top of this the statements sent to OP in an SAR simply do not add up at all.
OP has tried everything. FOS acting bizarrely by expecting OP to return a form with no figures at all written in.
Now DCA threatening action, OP in terrible state having done everything possible to try to resolve and maintain payments with WFS. Very scared and worried that house will be repossessed.
My opinion is that WFS are in such a mess due to their own situation with Cattles, so things are all over the place. If it went to court I cannot see how the OP could lose, and think the judge would think WFS were wasting court time trying to bring a case.
FOS are often useless and have turned out that way despite some promising action earlier on in the case.
Trust Deed (IVA) people backing OP to the full and agree that any court action against OP would be a waste of WFS time.
For those who've read the whole thing apologies for bits missed out, but have tried to convey some main points and the fact that Poochie has done everything possible. WFS are apparently using delaying tactics or deliberate misrepresentation.
Hope this is useful for anyone wanting to contribute without spending the time I just have!
)
lucy ash ppi claim/welcome
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