welcome finance help needed

[poochie]

Re: welcome finance help needed

hello again guys..... I am taking advice of trust deed advisor and have sent e-mail to lady at FOS and am waiting her reply.

In the event of her not re-opening our complaint, can anyone recommend solicitors in scotland that would help me take welcome to court for stoppin us honouring our account with them and then them refusing to draw up a new contract with exact figures on it.
I really feel the best way forward would be to go to court and ask a judge to sort this mess out as the stress si making me ill.

we want to pay them but feel that by entering into agreement with debt agency for the amount they asking, that we would be agreein to that figure but we are not agreeing with it......

we want to clear that debt, and get rid of welcome but we are not being folled into paying that amount...... they added interest while account was in dispute and while they stopped us makin payments......why should we be penalised for their behaviour in stoppin us makin payments.

Also, can i Subject access request them again to ask for any info they have on our account over past 3yrs and how much would that cost?
Im only asking because my laptop broke last year and i lost a lot of letters i sent them and i think because i couldnt show FOS our attempts to make payments, I think that clouded her judgement on our complaint.....I only hade 5 letters on my new laptop to show her.

thanks

[poochie]

Re: welcome finance help needed

hello again guys...... Just an update on my situation.

Basically we are in a trust deed and the loan with welcome was secured on our property.
We have had to sign over the rights for any ppi refund to our trust deeds which is not a problem to us, we were happy to do that, but basically we have been told, any ppi refund which does get refunded, would actually be deducted from outstanding balance of the loan anyways. So none of this was in question.

What was in question was that welcome finance were in repudiation of contract by not allowing us to honour our side of the agreement, and also asking us to sing blank forms with only higher interest rates etc on it which we refused to do........ Also the fact that they had been charging interest on our account since they stopped accepting payments from us which we did not think they could do.
Anyways, after long battle with FOS, they basically said welcome had a right to do it, and they also had a right to hand our debt over to debt collection agency.
As it stands just now, we have not started paying debt agency because we feel the balance they want is wrong and we are not happy about them not allowing us to make payments for long period and also that welcome finance added interest etc.

Anyways, I been speakin to trust deed advisor again, and he finally understands what our main complaint is, but its not the ppi refund.

He sent this reply today so Im hoping we hear back from them in next week or so because i am not happy about entering into an agreement with debt agency for amount we do not agree with because this means welcome will have benefitted from being in repudiation of contract.


Dear Mrs ************

Thank you for the clarification.

It may be best for you to contact the Financial Services Ombudsman again without referring to the PPI refund claim as this appears to be what has confused the issue somewhat.

From your e-mail below, your complaint is predominantly that Welcome have effectively not allowed you to make repayments and then passed the resulting arrears to a debt collection agency.

Unfortunately, as the Welcome debt is secured, it falls outwith the remit of your Trust Deeds. However, I have contacted the FSO in order to clarify that the PPI refund is a secondary issue in your complaint and that they should re-open the matter in order to address your primary complaint.

Yours,

*********************

Senior Trust Deed Administrator






If anyone can add any advice or tips etc then please feel free.......I been fighting this lot for too long now and always appreciate others advice or help.


Thanks

[BBoo]

Re: welcome finance help needed

Definitely one to at least discuss with Paul I think Poochie - he really is VERY good indeed.

[Never-In-Doubt]

Re: welcome finance help needed

Ok see what Paul says in morning - he might know someone and if not I believe mrs Dopey may do so she'll PM you separately

* Mrs D - thanks for the PM, answered your question above

[poochie]

Re: welcome finance help needed

they basically said because my debt involved ppi claim they cannot help and directed me to another place that couldnt help either.

I keep hitting brick wall and the FOS infuriated me by saying welcome could charge interest in all the time they refused payments from us......

[MrsD]

Re: welcome finance help needed

Govan are so busy, they only deal with peeps from a defined area.

[BBoo]

Re: welcome finance help needed

im sure someone directed me to govan law at one point and wen i phoned them they claimed only to help people in debt with rent etc....... I will check my paperwork and e-mails...... but thanks for all help on here guys ... much appreciated

Yep, a friend of mine OTR directed you to Govan Law - they are very good, but I remember they couldn't help you with this.

[poochie]

Re: welcome finance help needed

i have e-mails from govan law and they couldnt help...... apparently because it was associated with a ppi claim and they dealt with debt and not ppi claims......

I will do as you say dear and let you know how i get on....I will phone them tomorrow because i am very anxious to sort this out....... im so tired of fighting with them but its the principal of the whole thing thats keepin me at them but i keep hittin brick wall

[Never-In-Doubt]

Re: welcome finance help needed

Contact Paul, send an email (read my PM for details) and say Niddy sent ya!

[poochie]

Re: welcome finance help needed

im sure someone directed me to govan law at one point and wen i phoned them they claimed only to help people in debt with rent etc....... I will check my paperwork and e-mails...... but thanks for all help on here guys ... much appreciated

[Never-In-Doubt]

Re: welcome finance help needed

I have PM'd you details of our preferred solicitor and Govan Law...

Best of luck, please let us know what they say - bear in mind there is no cost to ring and speak!

[Never-In-Doubt]

Re: welcome finance help needed

wow

I think a wee chat with our mate Paul is in order.

I'll pm you details in morning; have some sleep and log in again in morning and I'll send you a pm.

Paul is our legal guy and absolutely bloody brilliant. I think it might be worthwhile having a chat in consideration of write off or similar. Least to clarify the legalities. However Scottish law, may be best speaking to govan law?

I'll pm you in morning poochie

[poochie]

Re: welcome finance help needed

sorry i just copied and pasted wat bboo did......
im headin offline now as workin at 4am in mornin....... thanks for time tonight and all help and advice much appreciated if anyone can help.....

[poochie]

Re: welcome finance help needed

I am trying here to summarise 24 pages of posts into one brief understandable post having just spent nearly 5 hours reading everything.

Bits are skipped but the main gist is this:

Poochie (OP) took out loan with Welcome (WFS) secured against their house in 2005. The OP is in a Trust Deed (Scottish IVA). WFS loan for £15000 over 120 months.

WFS added ppi and medicare as a condition of loan.

Another site told OP agreement was unenforceable (UE), but actually only UE on technicalities unlikely to stand up in court. OP advised to keep paying but report to FOS.

OP missed four payments with WFS permission on the understanding this loan would be extended by 4 months.

WFS failed to meet FOS deadline of 7 weeks to make offer. Soon after WFS accepted mis-sold ppi and sent a new agreement with a different interest rate , T&C's and no figures filled in asking OP to sign it. OP refused.

Jan 2010 WFS stop taking payments by Direct Debit from OP's account. Since then OP has tried paying by DD and debit card, but WFS have refused any payment.

After much to-ing and fro-ing FOS asked OP to sign new agreement with no figures filled in at all.

OP started reclaim for mis-sold ppi and complained to FOS. Clear dispute over refusal to sign a blank agreement and WFS refusing to process much till they receive this form signed.

May 2010 OP had cheques from WFS £101.28 for overpayments. £549.32 for something unknown (remains uncashed)

Nov 2010 DCA sends OP letter saying £14980 owed

Dec 29 WFS offer compensation of £7188.02 and agreed to write off some, but not all charges.

Jan 2011 WFS give OP 7days to agree or they'll withdraw compensation offer. OP asks for another 21 days to consider.

Aug 2011 Back to FOS who eventually tell OP to sign new agreement form still with no figures.

On top of this the statements sent to OP in an SAR simply do not add up at all.

OP has tried everything. FOS acting bizarrely by expecting OP to return a form with no figures at all written in.

Now DCA threatening action, OP in terrible state having done everything possible to try to resolve and maintain payments with WFS. Very scared and worried that house will be repossessed.


My opinion is that WFS are in such a mess due to their own situation with Cattles, so things are all over the place. If it went to court I cannot see how the OP could lose, and think the judge would think WFS were wasting court time trying to bring a case.

FOS are often useless and have turned out that way despite some promising action earlier on in the case.

Trust Deed (IVA) people backing OP to the full and agree that any court action against OP would be a waste of WFS time.

For those who've read the whole thing apologies for bits missed out, but have tried to convey some main points and the fact that Poochie has done everything possible. WFS are apparently using delaying tactics or deliberate misrepresentation.

Hope this is useful for anyone wanting to contribute without spending the time I just have!

[Never-In-Doubt]

Re: welcome finance help needed

Ahh welcome ppi is dealt with by FSCS isn't it. FOS are waste of time.

Head back to LB and copy the post and paste here - same forum software so posts will copy just fine

We can help but need more info mate. Trust us, we ain't like other forums.