Welcome Finance?

Legacy_user

I've posted this elsewhere but have got no reply, hopefull someone can advise.

My CCA request was up from Welcome finance in June, I sent the default letter and stopped paying them. I've not heard anything since, Payplan put my payments to them on hold. They asked me on Monday to find out what is going on with Welcome as we have not heard anything and there interest rate is so high I don't want all adding up. So I phoned them the receptionist said "Aw we sent out that information in June and have been calling you regularly looking payment" Which is all bull, I've heard nothing from anyone, She said I will get your case officer to phone you back. I have heard nothing. What exactly are they playing at??

They are playing at something, as I say the debt has been in dispute since June, As long as my balance isn't rising with there mega interest, IE pay £30 £65 interest charged, I have phoned them today and got the run around IE, aw phone this office, I phone aw we don't ahve ur account.

I mean when did a creditor ever try to avoid you? They usually hound you

shinyhead

Not 100% sure but I always thought that once the account is in dispute due to failure to provide a CCA then they couldn't add any more charges on. I don't think you need worry too much on that.

You're right when you say about when did a creditor ever try and avoid you!
I'd suggest you go back to Payplan and tell them about your conversation. My personal opinion is PP just got in touch as 3 months have passed since payments were stopped.

System

shinyhead wrote: »

Not 100% sure but I always thought that once the account is in dispute due to failure to provide a CCA then they couldn't add any more charges on. I don't think you need worry too much on that.

You're right when you say about when did a creditor ever try and avoid you!
I'd suggest you go back to Payplan and tell them about your conversation. My personal opinion is PP just got in touch as 3 months have passed since payments were stopped.

They got in touch as they have been holding Welcomes payments for the past 3 months and wanted to know should they be distributed to other creditors instead but warned Welcome could come back looking the payments.

I just don't know what to do, And why are they avoiding me? I have asked anyone from Welcome what is going on with my account and they say they can't access it.

shinyhead

My only other thought is to ask PP how long they'll keep holding and accumulating the Welcome payments for you. They must have experienced this sort of thing before. If you haven't already I'd suggest you get in touch and tell PP about Welcome's failure to be able to discuss your account.

GeorgeUK

Did you send the usual 3 letters to them or just the original CCA request?
Did you receive anything back after this - not even your £1 payment?
Was the letter sent by recorded delivery so that you have proof of postage and delivery?

They may not be wanting to deal with you as you are aware of your rights and would rather focus on those who do not know that their debt may be unenforcable.

Did you report them to Trading Standards or the OFT?

System

GeorgeUK wrote: »

Did you send the usual 3 letters to them or just the original CCA request?
Did you receive anything back after this - not even your £1 payment?
Was the letter sent by recorded delivery so that you have proof of postage and delivery?

They may not be wanting to deal with you as you are aware of your rights and would rather focus on those who do not know that their debt may be unenforcable.

Did you report them to Trading Standards or the OFT?

I sent the 3 letters, didn't get anything from them at all. I have not reported them to Trading Standards, How do I do this? Or do I need to?

GeorgeUK

It is usually advised to inform TS, OFT and ICO that you have not been given a copy of your credit agreement (if you made the £1 payment) as required under the Consumer Credit Act 1974. This is so that the debt, although unenforcable now, does not resurface later and you have proof that the debt was unenforcable. If there is a default on your credit file, then they are also in breach of the Data Protection Act as they did not have your permission to share your details with a 3rd party.

I don't know of any standard letters for writing to these organisations, but will have a look to see if there are any posted.

System

Well today I have received something from Welcome, A Statement, I did not request it, I requested my CCA was back in May. I phoned them, the guys says "Aw we didn't receive anything" I said "You did as someone signed for it" he says "I know whats wrong you didn't send £1 payment" "Oh I did and its been cashed" "Oh I am very sorry, I don't know what is wrong I will get it sent out"

So what do you make of that? A case of the left hand doesn;t know what the left hand is doing never mind the right

shinyhead

nirelandguy wrote: »

Well today I have received something from Welcome, A Statement, I did not request it, I requested my CCA was back in May. I phoned them, the guys says "Aw we didn't receive anything" I said "You did as someone signed for it" he says "I know whats wrong you didn't send £1 payment" "Oh I did and its been cashed" "Oh I am very sorry, I don't know what is wrong I will get it sent out"

So what do you make of that? A case of the left hand doesn;t know what the left hand is doing never mind the right

It doesn't really matter what this numpty has told you, what you'll be able to uphold in a court of law should it ever get that far is that you have the evidence that they've received your letter and have not complied.

It's obvious they know this as you haven't mentioned any more threats such as legal action have been made from them. Also it seems they've not phoned you either. Remember your post saying when has a DCA avoided you?

Personally, and I know it's hard to do, is relax with this one-the ball is firmly in their court.

Actually your only real problem seems to me is what to do with the money PP is accumulating. I'd contact them and ask advice on this. I think as the debt is in dispute and you're legally entitled to stop paying then should they turn up with a CCA at a later date then simply start payments from that time. After all it's their fault for not coming up with the paperwork on time-not yours.

System

Bit of an update on this, Last week I received another set of statements after clearly asking for my CCA, and the guy on the phone said he ordered my CCA, So I phoned them again, they said they would send it out 1st class, that was Monday of last week, I still have not received anything. I don't know but it is looking very like they do not have my CCA, What do you think? I mean this has dragged on from May

GeorgeUK

If the deadline has passed, i would make sure they receive no further payments and take note of when the last payment was and the default date.

I agree that it seems they don't have a copy of the CCA. I wouldn't bother phoning them again. If they need to contact you they can do so in writing.

Have you contacted TS yet? Found this on the CAG board.

COMPLAINT UNDER SECTION 78(1) CONSUMER CREDIT ACT (1974)

I submitted the enclosed notice under Section 78(1) of the Consumer Credit Act 1974 to X on (date) in respect of an alleged debt to them (their reference ZZZZ). To date X has not responded to this notice as required by law in that they have not supplied a copy of the alleged original signed agreement nor a copy of the alleged deed of assignment from Y. As more than 30 days have now elapsed, this debt is unenforcable and I wish to submit a formal complaint to you.

I would be obliged if you confirm what action you propose to take in respect of this matter.

Yours faithfully

(Altered it slightly as it is no longer a criminal offence after the 12+2+30 time limit)

Might be worth starting another thread to see if anyone has letters they sent to FOS, ICO or TS. Make sure you send this to your local TS though.