Welcome Finance/Aviva/FOS - what now ?

[dogtired]

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

from my end no, welcome however have apparently now passed the alleged account on to Mackenzie Hall and I have another thread regarding this.
Its FOS that have said Aviva but this may change now as I have submitted all the rejection letters from them and Direct Group along with the letter from Mackenzie Hall, I have also raised a seperate complsint about them to the OFT

[miliitant]

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

aviva (norwich union) is a red herring, they have no policy information on you, they just sold their name to welcome and direct group for a buck

THEIR IS NO INSURANCE POLICY, WELCOME CHARGE INSURANCE PREMIUM TAX ON THE POLICY AND PROB KEPT THE MONEY THEMSELF

you have been give the run around, it is now time for a formal letter before action

[Mr Kangaroo]

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

Hi Miliitant & all, as mentioned before, my situation is similar to Daisymac. I sent a Letter Before Action to FLA for 'The Funding Corporation Ltd' who refuted my claim on the basis that they didn't buy ACF until 2003 and in doing so didn't buy it's debt. I addressed the letter to FLA and got a reply that DCF was not a member at the time that the PPI was sold and therefore I can't use their arbitration scheme. My HP loan was in 2001 with DCF which I believe was a trading name for ACF but DCF has been dissolved in 2010. ACF is still active. My findings are Welcome Finance, ACF and DCF and the lot are same company & people. So what shall I do next? Shall I sent the same Letter Before Action this time addressed directly to 'The Funding Corporation Ltd?' I have already made a complaint to the Ombudsman but I thought it's best to made a complaint to FLA as well due to the timescales FOS would normally take.

[miliitant]

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

you send the complaint to the company that is demanding payment from you

any agent or broker (third party) that sold this crap has an equal obligation with the creditor for transparency and must share all rights and responsabilities

when one company takes over from another, they take on all the rights and duties as well and onligations from the previous

so a creditor saying we never sold you the policy is talking rollocks

send another letter to the funding co with a 14 day letter before action and issue a claim at the end of the 14 days

the only other allternative is the FOS,
THATS IF YOU WANT TO GO INTO SUSPENDED ANIMATION

[Mr Kangaroo]

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

Hi Miliitant, Much obliged.

[miliitant]

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

56 Antecedent negotiations.

(1)In this Act antecedent negotiations � means any negotiations with the debtor or hirer
(a)conducted by the creditor or owner in relation to the making of any regulated agreement, or
(b)conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

(c)conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement within section 12(b) or (c),
and negotiator � means the person by whom negotiations are so conducted with the debtor or hirer.

(2)Negotiations with the debtor in a case falling within subsection (1)(b) or (c) shall be deemed to be conducted by the negotiator in the capacity of agent of the creditor as well as in his actual capacity.

(3)An agreement is void if, and to the extent that, it purports in relation to an actual or prospective regulated agreement

(a)to provide that a person acting as, or on behalf of, a negotiator is to be treated as the agent of the debtor or hirer, or

(b)to relieve a person from liability for acts or omissions of any person acting as, or on behalf of, a negotiator.

(4)For the purposes of this Act, antecedent negotiations shall be taken to begin when the negotiator and the debtor or hirer first enter into communication (including communication by advertisement), and to include any representations made by the negotiator to the debtor or hirer and any other dealings between them.

[Daisymac]

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

I am getting nowhere at all with this, FOS are complaining to Aviva again but this is going nowhere fast, shall I send a letter before action to Welcome ?, if so does anyone have an example of a letter ? Many thanks

[dogtired]

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

Think I may be going down the same road FOS seemed to have no idea on how to proceed and Welcome have, to date, provided no "proof" of any alleged debt but have got two collection agencys involved both of whom are either not registered with the OFT or are under investigation because of the way they conduct themselves.

[miliitant]

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

may i ask who are these collection agencies as it will work in tour favour

as to welcome

send them a 14 day letter before action and issue a court claim, you can prove to the court you have jumped through all the hoops

i will help with the particulars of claim if you want

[Daisymac]

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

My loan is paid off in full, can I still issue a 14 day letter before action ?

[miliitant]

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

yes

if the loan has been paid in full, thats even better

have you worked out how much they owe you

[Daisymac]

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

I have no idea, I dont have the original loan agreement, all I have is the statement when we paid it off which is:

Total Amount repayable at start: £27,500
Rebate of Acceptance Fee and Credit Charges (£791.00)
Rebate of Payment Protection Insurance Premium (£897.00)
Collection Fees £0.00
Interest Reversal (£11,400)
Interest to Settlement £225
Settlement Figure £11,200

We too loan out in Feb 2003 and paid it off on 21st June 04, I am assuming the PPI was front loaded as they gave me a partial refund.

[Mr Kangaroo]

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

Heard from FOS - they can't persue GAP against AVIVA because apparently AVIVA did not sell GAP crap, it suggests probably another Insurer/Underwriter, but all were sold on same day by same agent i.e PPI, GAP & Warranty. Lost Insurance policy papers and probably I was never given any by the look of things - i.e from one of the posts above re Welcome Finance. Why are we (consumers) made to suffer like this? FLA can't help and the funding corporation can't either. Is the court proceedings the only option left? Administrator Deloitte don't want to release any info because they are no longer dealing with the Creditor who is no longer in the business. Would it be worth sending administrator SAR?
Already issued Letter Before Action and responded to, so is it time to file a case and probably get BBC's Watchdog involved? Because I feel that's when these companies might just do something about it.

[miliitant]

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

please people

all this ppi, gap, nuclear fall out insurance

their is no underwriter

its all welcome doing this insurance crap themself, that is why norwich union (aviva)will have no record of you

its called welcome elite brokers

direct group just gives it an air of compliance

[Bill-K]

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

So this is fraud then, Mil ? Borrowers were being charged for a product that did not exist - and done so systematically in the full knowledge and connivance of Welcome ?