Welcome Finance/Aviva/FOS - what now ?

[dogtired]

Re: Welcome Finance/Aviva/FOS - what now ?

Sounds like it BillMiliitant, have pm you re the two collectors but realise you are a busy person, they are Incasso LLP (not registered and registered with SRA have reported to them and now have a reply that they are investigating) and Mackenzie Hall who, in a reply to a "prove it" have reply with "account on hold while we investige would it be worth a letter before action, how to word this and to who and where do you send it?

[miliitant]

Re: Welcome Finance/Aviva/FOS - what now ?

its complicated but i will try and do a letter over the wekend

on welcomes secured loans for example, they do a mortgage indemnity fee. this is just another bogus fee incorporated into the agreement which increases the amount of credit on the loan, welcome then hit you with their high APR. Its all profit

mortage indemnity fee is an insurance policy for the lender incase their is a shortfall when the house is sold to pay back the second charge (welcome)

welcome in welcome v griffiths confirmed their is no insurance policy and that it was a charge that welcome do themself and that they would never do a repossession again, no insurance actual policy

this whole insurance crap is smoke screen and mirrors and gave healthy profit to the shareholders

as stated

do a letter before action against welcome and a court claim

forget all this running from welcome, direct group, aviva, fos,fscs, etc,etc

its got everybody running around like headless chickens, welcome planned it that way

[dogtired]

Re: Welcome Finance/Aviva/FOS - what now ?

Hope that they get whats coming to them, do you know if any one has succeeded in these claims?

[miliitant]

Re: Welcome Finance/Aviva/FOS - what now ?

i have taken welcome to court myself and one of the few people who have won

that was not through ppi reclaim but a lousy agreement, but i know how welcome operate, its all bluff and double bluff

welcome screwed you, no one else, so go after welcome, no one else

[dogtired]

Re: Welcome Finance/Aviva/FOS - what now ?

Agreement also well dodgy, as you now never got one for a second loan number but they added all the fees to it.
Willing to go for it though!

[miliitant]

Re: Welcome Finance/Aviva/FOS - what now ?

have you a link to the agreement

why cant you get the second agreement from welcome, i take it that was a re-write of the first agreement over a longer term??

i take it you did a cca request with the £1 fee

[dogtired]

Re: Welcome Finance/Aviva/FOS - what now ?

I will dig it out again later shall I post it here or PM you?
The second agreement, I only found out about the change after i did an SDAR.
All we got back was for a former address and loan number this is the one I have the original documents for.
Welcome say it was re-written in 2003.
We moved in 2004 and they nearly lost us this house as they failed to turn up to sign new documents.
Solicitor managed it by post and they got over £8000 from the sale of our house.
The CCA request went to Incasso in 2011 but did not get anything, when I got the "annual statement" this had been taken off the loan
We did "win" a PPI claim for the disputed loan but rejected this as they wanted us to sign a "new" agreement.
I gather this is par for the course for them, noticed on the letter from Mackenzie Hall that Cattle's were now down as being the OC.

[dogtired]

Re: Welcome Finance/Aviva/FOS - what now ?





Had to spit the second into two as I ony have a small scanneer, hope it works

[miliitant]

Re: Welcome Finance/Aviva/FOS - what now ?

I dont mean to be picky
i know my eyesight is bad

that agreement is pure garbage

[dogtired]

Re: Welcome Finance/Aviva/FOS - what now ?

I know that! I hope you mean the "agreement" and not my scanning ability, which is also garbage!

[miliitant]

Re: Welcome Finance/Aviva/FOS - what now ?

yes the agreement

most of my threads that i am helping on are now in the court system, so i am going to devote my time to your thread

ready for battle

no quarter given
scortched earth

[dogtired]

Re: Welcome Finance/Aviva/FOS - what now ?

perhaps we should start a new thread or move this as it is really someone elses thread!

[Mr Kangaroo]

Re: Welcome Finance/Aviva/FOS - what now ?

Totally Confused & devastated, FOS can't help either. FOS response;

My information is that Direct Car Finance ("DCF") is the business that sold the PPI/GAP policies to you. Ordinarily, complaints about misselling ought to be directed to the seller. However, DCF did not fall within the jurisdiction of the Financial Ombudsman Service when the PPI/GAP policies were sold to you. General Insurance selling only became a regulated activity from January 2005. Prior to that date, there was a voluntary scheme - the General Insurance Standards Council ("GISC") scheme - but neither DCF, nor the lender, Credit Acceptance, volunteered to be members of it.

Therefore, the reason we cannot pursue either DCF or the seller, Credit Acceptance, is not related to the fact that Credit Acceptance has ceased trading. The ombudsman service simply has no jurisdiction to take your missale complaint forward against those businesses.

As a last resort, the ombudsman service has been investigating whether we can potentially take consumers' missale complaints forward against the policy underwriter, but I must be clear that that is only in respect of PPI misselling.

In order to be successful in that regard, we would have to establish that the seller - in your case, DCF - acted as Aviva's agent when the PPI was sold to you. However, as we discussed yesterday, it is not even certain that Aviva was the business that underwrote your PPI policy. It is for that reason that we may not be able to take your PPI missale complaint forward; at least not against Aviva.

Although I appreciate that you were also sold GAP insurance at the same time as PPI, and you are unhappy about it, we have no provision to try to take complaints about those policies forward against the policy underwriter, where we have established that the seller did not fall within the jurisdiction of the ombudsman service at the time of sale.

I am sorry to disappoint you and can only reiterate that you do have the right to complain to the GAP underwriter and it will be for it to decide how to respond to you. It might be that it can resolve matters to your satisfaction but in the event that it cannot, the Financial Ombudsman Service will not be able to take your GAP missale complaint forward for you.

I am devastated because Credit Acceptance were regulated by CCA1974, and AVIVA have said they did underwrite some of the Credit Acceptance's deals but can't find my details, although they also said in all circumstances they would refuse any missold PPI claim. If I start court proceedings alongside a review by the Ombudsman as opposed to the adjudicator would that jeorpadize the case?

[miliitant]

Re: Welcome Finance/Aviva/FOS - what now ?

I have had enough now on this lark with these micky mouse companies passing the buck with this insurance crap

its time we dedicated one thread to a court claim against either welcome or yes car or credit acceptance direct on the mis-selling of this crap

who is up for it

it will mean going to court but we will have an army behind us and the thread can be used as a template for future cases

[Mr Kangaroo]

Re: Welcome Finance/Aviva/FOS - what now ?

I am not a blogger or a member of any union but I am 100pc up for it, NOW. I am sick and tired of this now. It seems to me that some consumers have been left out when the new rules came in 2005 in relation to claiming missold PPI and related products. There is definately a gap and the these micky mouse companies are taking advantage of every little grey area they can find to makes our lives a living hell. For two years now I have been in touch with so many people and companies in regard to my claim but what I got today is the final nail on the coffin. Please let me know of the new thread and in the meantime, I am going to start court proceedings.