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Welcome Finance Harrasment

My partner and I have a £20k loan secured with Welcome Finance. We took it out in 2006 and in 2007 realised we had PPI so claimed that back via the FO. Welcome then restarted the loan as of Jan 2008 with lower repayments because PPi was no longer included. This equates to £308 a month which we pay monthly and have never not paid. However We originally had the payments coming out on DD but WF started taking money out not on the agreed date causing huge problems. They did recitfy it once we talked to both bank and WF head office. They did this on three months running. So we cancelled DD and decided to start paying them by debit card each month. But this went badly wrong as the first month all was fine by this method then the second month we were just about to ring them to pay when we noticed on our online bank statement that they had taken the money out already 2 days previous using the debit card we had given the previous month. We were not happy about this as it actually made us go overdrawn and incur bank charges through no fault of our own. No apology from WF just that it would not happen again. By now we are in April 2008 and in May we call to pay to be told that they had used the same debit card AGAIN - we wrote to them to complain. They replied saying we could set up a Direct Debit and we said no way! We agreed we would personally come into their offices in Ipswich and pay over the counter. This was hugely inconvenient but we did this for a further three months. In Sept 2008 I was made redundant and struggled to find work but still managed to pay WF. However before we used to pay on the 2nd of the month and in Sept 08 I paid around the 26th...from the 2nd Sept to the 26th Sept I received letters and phone calls daily chasing us for payment. Now this attitude still continues. My partner and I are now self employed and chase our clients for payments. We continue to pay WF between 1st of the month to the 28th of the month so we are never technically in arears and WF have advised that we are not in arears. Arears to them would mean if we didn't pay the month in hand. So I ask why is it that they call every day on our home line, mobile and one one occasion this year actually turned up on our doorstep to demand the money for that month. We can not give them an actual date of payment ie every 15th of the month as it all depends on our SE business account cash flow. We have explained this to them on several occasions - seems daily. They stress me out completely. I would expect their ruthless tactics if I was a month or two in arears but I am not. What letter of harrasement can I send their manager or should I complain to COnsumer Direct as door step collections for a debt that is not technically in arears is ridiculous and the constant daily phonecalls is also annoying. I would also like to point out that when they call they call using their Ipswich office number first leave a message and then an hour later they call on a withheld number and leave a message and then they really annoy me by calling on one of their staff mobiles and again leaving a message. I think I have stored on home and mobile phone most of their employees mobile numbers. Their excuse for use of staff mobiles is the office phones weren't working (daily???? Don't think so!). Surely this is illegal also? I could now harrase their employees daily too if I wanted but I guess I would get prosecuted for that!!

Any advise from anyone on what letter I should send them would be greatly appreciated. Thank you

Comments

  • Typhoon2000
    Typhoon2000 Posts: 1,156 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 23 December 2009 at 7:28PM
    Wasn't setting and paying by direct debit part of the agreement? Seems setting one up again would sort out all the problems. As this loan is secured on your home, you dont want to give them any reason to think you may default.
  • Sol00
    Sol00 Posts: 1,230 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Firstly deal with one issue at a time.

    Send them this harrassment by telephone letter to the following address. Send it recorded delivery for your records:

    Freepost RLUU - ERRT - XKLR
    Welcome Finance
    Compliance Services
    Mere Way
    Ruddington
    Nottingham
    NG11 6NZ

    Dear Sirs
    Harassment by telephone

    FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

    Account Number: XXXXXXX

    I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

    I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

    I now require all further correspondence from your company to be made in writing only.

    I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

    If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

    Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

    Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

    Yours faithfully,


    [NAME HERE] (type don't sign)


    Welcome Finance cannot use your card details on a monthly basis without your consent or knowledge; remind them of this by enclosing another letter to the same address.

    They do allow payment by standing order, which would be easier for you to use, yet they only give details out about this from head office. If they don't give these details to you, let me know and I'll forward their sort code and account number to you.

    Keep updated on the progress.
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