Welcome finance won't supply original credit agreement?

Legacy_user

I asked for my original credit agreement and they have not replied, the 40 days are up tomorrow and nothing,

I went down this route before and they did the same, didn't supply anything, then after the 40 days where up I received a phone call from them, and basically what they said was, they will be able to supply it if we go to court which is what they will do if I stop payment.

Both recorded letters I sent where not signed for, nor was the cheque cashed, but I am 100% certain the address is correct to which I sent them.

What do I do?

System

Anyone????

DVardysShadow

nirelandguy wrote: »

... What do I do?

What do you think you should do? Chase them until they produce the original agreement?

Sit tight. Do nothing. Keep copies of your letters and the recorded delivery slips as proof of postage. If they still come after you, point back to your original request.

fermi

They either don't have one to send, or can't be bothered to retrieve t from storage. Take you pick.

They don't have to produce an exact original under the CCA, but they must provide something.

Maybe a SAR or CPR request is now needed?

rog2

fermi wrote: »

Maybe a SAR or CPR request is now needed?

Nirelandguy - I notice that you state that the "40 days are up tomorrow" - does this mean that you have actually already made a Subject Access Request (SAR) ?
I ask this because the creditor has only 12 working days to respond to a CCA request.
If you are, in fact, referring to a SAR, then go to:

http://www.ico.gov.uk/complaints.aspx

System

rog2 wrote: »

Nirelandguy - I notice that you state that the "40 days are up tomorrow" - does this mean that you have actually already made a Subject Access Request (SAR) ?
I ask this because the creditor has only 12 working days to respond to a CCA request.
If you are, in fact, referring to a SAR, then go to:

http://www.ico.gov.uk/complaints.aspx

I am referring to the process where you send £1, and ask for a copy of the original credit agreement, I'm not sure what its called.

rog2

nirelandguy wrote: »

I am referring to the process where you send £1, and ask for a copy of the original credit agreement, I'm not sure what its called.

Okay - that is a 'CCA request'.

Therefore, Welcome had 12 working days, from receipt of your request and £1 Statutory Fee, in which to provide you with a true copy of the original, executed consumer credit agreement. They have not done so and are, therefore, 'In Default'.
Whilst they remain 'In Default' they can not enforce the agreement, i.e. pursue you for payment, nor can they pass your details to a third party, e.g. Debt Collection Agency.
Send them the 12+2 day letter that you will find on post 8 of:
http://forums.moneysavingexpert.com/showthread.html?t=963087

rog2

nirelandguy wrote: »

I received a phone call from them, and basically what they said was, they will be able to supply it if we go to court which is what they will do if I stop payment.

Then let them take it to Court, nirelandguy. This is nothing short of 'contempt' for their obligations under the Consumer Credit Act, and they will need to justify this 'attitude' to the Court.

System

rog2 wrote: »

Okay - that is a 'CCA request'.

Therefore, Welcome had 12 working days, from receipt of your request and £1 Statutory Fee, in which to provide you with a true copy of the original, executed consumer credit agreement. They have not done so and are, therefore, 'In Default'.
Whilst they remain 'In Default' they can not enforce the agreement, i.e. pursue you for payment, nor can they pass your details to a third party, e.g. Debt Collection Agency.
Send them the 12+2 day letter that you will find on post 8 of:
http://forums.moneysavingexpert.com/showthread.html?t=963087

Ok, but I can't help notice this line.

This was signed for as delivered on the **DATE**

When infact it wasn't signed for, It still says on the tracking info,

We received you item on 30th October and is processing through our network.

rog2

nirelandguy wrote: »

This was signed for as delivered on the **DATE**

When infact it wasn't signed for, It still says on the tracking info,

This often happens, but don't worry:

• You can prove that they received the request by their 'encashment' of the £1 cheque/PO
• You are entitled to assume that they received your request two working days after you posted it.
• They have 'acknowledged receipt' by their statement that they will provide it if it goes to Court

Just leave that sentence out of the letter.

Don't worry if it does go to Court. You have a defence in that Welcome have been unable, or unwilling, to comply with your request within the legally prescribed timeframe.

Even if the Court were to rule in favour of Welcome, then you would still have the opportunity to request, through the Court, that you pay at a rate that you can afford. The Court must take your Income/expenditure into account before issuing a CCJ payment order. Any such CCJ would be just as binding on Welcome as it would be on you, and, providing that you keep to the terms of the CCJ, any attempts, by Welcome, to ask for extra payment, would be illegal.

DarkConvict

Send the 12+2 later / indispute letter and then ignore it until they produce a valid CCA.

Do not worry about court action as if they don't have it they will lose, if they do have it they shown legally have produced it. Have they actually cashed your £1 payment but not sent anything back?

If it does goto court and they have not given you the CCA you will be able to set it aside as they failed to provide the CCA at your previous requests you need time to prepare a defence, i.e. check the CCA to see if it is enforceable.
If they do stupidly take you to court and they don't bring a CCA the court will state it is not an enforceable debt as clearly stated in CCA 1974 and tell them to take a hike until they can fine the valid CCA (if one even exists)

I assume this is a pre april-2007 debt?