Welcome Finance Issues

[kitkat kay]

Re: Welcome Finance Issues

also check the second account very carefully , it is possible that it is a personal loan not an hp account thus I think releasing the charge Welcome hae over the car . As to whether the asssumptivve rewrite is enforcable I honestly dont know but lots of Welcome's agreemetns aren't

Hello, I received another reply from WELCOME today, the letter is dated 26th March:


Dear Sirs,


Thank you for your letter received on 12th March requesting a copy of the credit agreement and statement of account under consumer credit act 1974.


We acknowledge receipt of the £1.00 statutory fee and are pleased to inform you that your request is being processed.


Please note that the £1.00 fee will provide you with your most recent loan agreement, should you require copies of any other loan agreements, please provide the necessary fee to the above address and we will process your request within 12 days of receipt.


If you have any further queries, please do not hesitate to contact us on the above address.


Yours faithfully


Customer relations.






Am i wrong in thinking that if i make a CCA request and pay the £1.00 WELCOME should provide me with ALL agreements held in my name.
Also there is no mention of the SAR request I sent on the 26th February.

[dogtired]

Re: Welcome Finance Issues

But no CCA?
At least with you they have acknowledged it with ours they paid the fee onto the disputed account and now have MacKenzie Hall in the mix.
I think you should write to them again reminding them about your SDAR how long ago was it you sent it?
Think they have some sort of time scale but knowing Welcome they will not keep to this.

[kezza1208]

Re: Welcome Finance Issues

Hi I am hoping someone can help me. Back in 2004 i took out a welcome finance loan for £10k...i fell into financial difficulty and not been in a position to continue payments. I have now started paying back a small amount to MacKenzie Hall and after submitting all my money details have confirmed i am not paying enough. They also say that the loan i have is secured on the house i am staying in and it's not even mine and i did not stay there when i took this loan out. I am now panicking etc that they may try and put it against my partners house. Can anyone advise what i should do?

[Kafka]

Re: Welcome Finance Issues

Please start your own thread for this in the Welcome forum and provide a dated timeline of events as they happened.

[FlamingParrot]

Re: Welcome Finance Issues

Hi I am hoping someone can help me. Back in 2004 i took out a welcome finance loan for £10k...i fell into financial difficulty and not been in a position to continue payments. I have now started paying back a small amount to MacKenzie Hall and after submitting all my money details have confirmed i am not paying enough. They also say that the loan i have is secured on the house i am staying in and it's not even mine and i did not stay there when i took this loan out. I am now panicking etc that they may try and put it against my partners house. Can anyone advise what i should do?

Was the loan in your sole name? or in joint names with your partner? A loan cannot be secured on a property you don't own. I assume your name is not on the mortgage or the deeds of your partner's house either... :noidea:

[Ruby]

Re: Welcome Finance Issues

Kezza, Mucky Hall!!!!!! That says it all. They will try and convince you that pigs can fly. Mucky Hall 'specialise' in unenforceable debt. Do a subject access request asap. There is no way that legally the loan can be secured on a property that you rent ..........

How long ago was the last time you made a payment? It looks like mucky hall may have managed to convince you to pay on a statute barred debt.

They cannot just fabricate a secured loan on your partners property either

[dogtired]

Re: Welcome Finance Issues

Kezza follow Rubys advice, Welcome got Incasso and then Mackenzie Hall in the mix sent prove it letters and got back an unsigned, undated "copy" of an application form with an old address on in last letters from Makenzie Hall was January, Welcome mid March.Not paid them for four years now and CAB have said it is currently irretriveably unenforceable. Above all do not let them bully you!

[kitkat kay]

Re: Welcome Finance Issues

But no CCA?
At least with you they have acknowledged it with ours they paid the fee onto the disputed account and now have MacKenzie Hall in the mix.
I think you should write to them again reminding them about your SDAR how long ago was it you sent it?
Think they have some sort of time scale but knowing Welcome they will not keep to this.

Update:


The 40 days are now up on the SAR request so I will be sending a letter before action giving them 7 days to comply with the SAR request.


My question is, when do i need to put the account into dispute ?

[dogtired]

Re: Welcome Finance Issues

I would think so, I always put " account in dispute" on all letters to them! Think I read that on here! I always wondered why banks and financial firms were " allowed" this time scale, I appreciate that a full SDAR would take some time and in Welcomes case they lost a lot of data not that long ago!

[FlamingParrot]

Re: Welcome Finance Issues

The 40 days are now up on the SAR request so I will be sending a letter before action giving them 7 days to comply with the SAR request.

My question is, when do i need to put the account into dispute ?

You need to write to them and then complain to the ICO. See this: http://ico.org.uk/complaints/getting

Have you checked on the Royal Mail site that the letter was delivered? If so, attach a printout of that to your complaint.

It can take time (and a lot of letters) to get anywhere with both the companies and the ICO. You can complain to the ICO by email if you can supply all your evidence in electronic format: http://ico.org.uk/complaints/getting/complain

Dear Sirs

Account No: xyz

On [DATE] I requested that you supply me with a copy of all information that you hold about me, as per the provisions of s.7 of Data Protection Act 1998, and I have not received a response.

I clearly explained in my original letter what I expected from you, therefore your lack of diligence in dealing with my request has left me no alternative but to inform the Information Commissioner of this, and leave them to instruct you to deal with my request. In the meantime, you can take this as formal authority that this account is now formally disputed and will remain as such until you respond in accordance with the Data Protection Act.

Attached is a copy of my original request and a copy of my complaint to the Commissioner's office. If you now provide the data requested, I do expect as a gesture of goodwill for you to refund the fee paid being you have already broken the terms of the Act in refusing to deal with my simple request within the allocated timeframe given by the ICO.

I expect this issue to be dealt with and look forward to hearing from you in due course.

Yours faithfully,

[FlamingParrot]

Re: Welcome Finance Issues

I would think so, I always put " account in dispute" on all letters to them! Think I read that on here! I always wondered why banks and financial firms were " allowed" this time scale, I appreciate that a full SDAR would take some time and in Welcomes case they lost a lot of data not that long ago!

The timescale is set out by the ICO and applies to all companies and organisations processing personal data, not just banks and financial institutions: http://ico.org.uk/for_the_public/personal_information

In this day and age, it shouldn't take as long as 40 days to retrieve data from a computerised system, it's all held on a database and all they have to do is print it off. Banks employ thousands of people to run their systems and have virtually unlimited resources to implement IT systems, although Welcome are probably not quite in that league, they still have to comply.

[kitkat kay]

Re: Welcome Finance Issues

You need to write to them and then complain to the ICO. See this: http://ico.org.uk/complaints/getting

Have you checked on the Royal Mail site that the letter was delivered? If so, attach a printout of that to your complaint.

It can take time (and a lot of letters) to get anywhere with both the companies and the ICO. You can complain to the ICO by email if you can supply all your evidence in electronic format: http://ico.org.uk/complaints/getting/complain

Thanks flamingparrot, I have checked the PO website and the letter was delivered alright, I do have one question, if the account is put into dispute do I continue making payments as my next one is due next week ?

[kitkat kay]

Re: Welcome Finance Issues

Hi... update:

Received a copy of the second agreement today along with a letter from welcome, in the letter they admit that they received my request on the 12th March however i am still waiting for the statement off account, also there is still no mention of the SAR request i sent on the 15th February.

[kitkat kay]

Re: Welcome Finance Issues

Sorry, here are the files in PDF

[dogtired]

Re: Welcome Finance Issues

Looks like a load of charges how do they justify that?
They still, I understand have to comply with your request.