BW LEGAL/WELCOME FINANCE - Guidance Required

[NUDDYDUST]

Afternoon all... So, I'll try and make this brief - took out a WELCOME loan in 2007, payment made until 2011 (I think), whereupon I disputed some costs/interest charges etc. Also found payments made 'in office' weren't showing on the account, obviously I challenged this. (Office has since shut down). Anyway, payments (stupid, I know) ceased from my end, heard nothing and WELCOME, who did, I should add, eventually provide 2 account statements that were both miles apart from each other number wise (2.5k variation as I recall). In the interim, nothing, then got varying 'offer' letters from LOWELL, spoke to them at one point, explained scenario RE dispute, they said they'd forward a statement, they did, and it was totally different to the other two!!! Then a couple of months ago received a letter saying LOWELL now owned the debt....So, to now - have recently (last week), and quite out the blue, received a letter off of BW LEGAL, advising that I need to pay full amount (4.5k) within 18 days or I'll either A) be going to court or B) they'll be sending an 'advisor' out !!!! Cue panic !!! This morning, on the hop, I answered the phone, DUH, 'twas them, BW, I briefly explained situation to a wholly arrogant & inadvertently threatening young man who says he'll 'put account on hold for 14 days' and send out 'paperwork'.?!?!? So, I'm not entirely sure how to play this next so, errrr, HELP!!! In a nutshell, I can't pay anything, I'm currently on long-term sick leave from the Prison Service, receiving ESA which doesn't even cover my own outgoings! I own nothing, rented property, no car, everything we have is in my wife's name and can be proven as being so, if indeed this makes a difference. And there it is, any advice would be muchly appreciated...Thanks in advance.... (Incidentally and quite typically ALL paperwork pertaining to this has been lost in a house move)...Again, many thanks, yours, stressed & in a tiz...

[Celestine]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Welcome to Legal Beagles.

I'd recommend sending Lowell a s.78 request.

Have a read here and the template for s.78 is in Post 4 on that link.

[FlamingParrot]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Afternoon all... So, I'll try and make this brief - took out a WELCOME loan in 2007,

Was this before or after April 2007? It could be important! :thumb:

Was this an unsecured loan? :confused2:

So, to now - have recently (last week), and quite out the blue, received a letter off of BW LEGAL, advising that I need to pay full amount (4.5k) within 18 days or I'll either A) be going to court or B) they'll be sending an 'advisor' out !!!! Cue panic !!! This morning, on the hop, I answered the phone, DUH, 'twas them, BW, I briefly explained situation to a wholly arrogant & inadvertently threatening young man who says he'll 'put account on hold for 14 days' and send out 'paperwork'.?!?!?

Don't panic! :nono: You are in good hands now, Cel the site owner :yo: has an excellent track records with those clowns, as soon as her name is mentioned in Lowell's HQ, they all run for cover! :bolt:

One thing you shouldn't do is speak to them over the phone, if you happen to answer it, refuse to go through security and hang up. hone: All communication should be in writing from now on. :typing:

So, I'm not entirely sure how to play this next so, errrr, HELP!!!

As Cel suggested above, a CCA request is a good starting point. Send it Recorded Delivery so you can track it, with a £1 PO and sign it using a computer font rather than your real signature. I'd send it to Lowell with a copy to BW Legal so they know you have requested it. :thumb:

[FlamingParrot]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

CCA request letter:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted.

Yours faithfully,

[NUDDYDUST]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Blimey - how quick are you people - it was June 2007 & yes, it was an unsecured loan. Still send CCA to Lowell even though they've passed it on, yes? Are WELCOME still even trading? (Why I asked that I don't know given I have a computer in front of me. Pfff...) Cursing meself, only answered phone 'cos my little boy picked it up! Rascal! (Now going to hide his BEN 10 figures in revenge!!!)

[NUDDYDUST]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Hullo again, you good & kindly people, so, an update, if you will... Since posting the above I've heard nothing. Until today that is whereupon the 'paperwork' arrived & I'm now in possession of a statement (of sorts) of the original, disputed account statement. And I'm confused because according to said paperwork, as forwarded by BW LEGAL, the last entry states '29/08/12 - DEBT WRITTEN OFF - CREDIT - BALANCE £0'....The one prior to this, dated 04/08/12 has an outstanding balance of £4842.52...BW deem this copy as an 'agreement' & kindly invite me to ring them, ASAP, to discuss this matter... Errrrm ????? As per, any guidance...???

[Celestine]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Can you scan up a copy of this 'agreement' please? :tinysmile_kiss_t4:

[NUDDYDUST]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

As requested, letter and 'agreement' attached...

Many thanks.

[NUDDYDUST]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

And maybe I should mention that the phonecalls & messages have started again today. Stating I NEED to ring them ASAP...

Quite.

[labman]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Nuddydust - I've removed your attachment as I could VERY clearly see your name and address under the black felt tip. Please cover with a piece of paper before scanning or similar. :beagle:

[NUDDYDUST]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

BLIMEY - thank you SOOOO much. I've just noticed that meself & was in a panic. That teaches me; put the big light on and DON'T rely on the lamp...

(Clear sign that I'm getting older also. Nightmare.

MANY MANY Thank-You's...

[NUDDYDUST]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Right...ahem...round two, so to speak....

The attached...

(Still stuttering 'thanks' to Labman!!!)

[labman]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

It happens surprisingly often - don't worry! :beagle:

[Celestine]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

Very often......:tinysmile_kiss_t4:

[Celestine]

Re: BW LEGAL/WELCOME FINANCE - Guidance Required

WHAT THE HELL IS THAT?!

Thats not exactly a copy of the original loan agreement is it?!