Hi there,

I took a loan with Welcome Finance along time ago, I missed some (quite a few) payments, got my self in a bit of bother with them and somehow managed to make an agreement over the phone with them to pay a set amount. The amount was £25 a week for 2 years and then everything would be cleared. I never got this on paper unfortunatly, but i spoke to someone a week after to try and have this aranged and she told me that the guy should not have made that agreement over the phone but since he did and the phone calls are recorded then it has to go ahead. They told me they would get confirmation from a regional manager and it was all fine, again, nothing on paper though. I did phone quite alot of times to have proof sent out but they never did.

Roughly 2 weeks ago, nearly a year after any contact with them, I got some letters in the post saying I'm in areers and that I have so many days to settle, blah blah.. I'm sure that most of you know the rest. So I phoned welcome finance up and explained everything about the agreement on the phone quite a while back. I was told because i still had some areers and they have changed branches or something then its popped up and its all automatic, Basicaly telling me there isn't anything I can do. I wasn't happy with this and I asked her to see if anything was on her system about any phone calls from a while ago with any agreements, she of course told me no. I was out at the time so I couldn't really do much about it, so, I called back later in the day and spoke to someone else who was able to tell me not to worry and that there were notes on the system about the agreement.

Another 2 weeks go, and I have a letter from Lewis Debt Recovery telling me I have to pay all this money by the 6th november... yeah right! no chance. I phoned them up and explained EVERYTHING, she totaly understood and she looked at notes on welcome finances system and said that I shouldn't have this letter and they will send it back to welcome finance. Just to be on the safe side I phoned welcome finance my self and told them about it, they said that the phone conversation I had to set that agreement up makes no difference because its not the original agreement that i signed and that I have to pay lewis Debt Recovery. I spoke to a manager at welcome finance and she told me its basicaly my fault and that I should of been paying 121 a month and not 100.... I said, for the sake of a few extra quid a week I would of gladly paid that because who in there right mind would want this sort of bother and for it to affect their credit file. Because in all fairness I have been doing well with my payments for the past couple of years and haven't missed one, this has all become a shock to me and I'm really worried.

Someone has just told me that the Lewis Debt Recovery are part of welcome finance, so It kind of makes sense how they were able to see notes on welcome finances system.

Anyways, can someone give me a bit of advice, if you need to know more about it just ask because I probably haven't explained my self really well. I have quite a bit of paper work from welcome finance that I need to dig up really because I made notes on them about dates of contact and names etc which I'm hoping if i need to take this further then they will be of great help.

Thanks for reading

Paul

Hey

Seems to me the creditor is playing their usual games. Why not fight back a bit? There is plenty of stuff on the internet about asking for a copy of your credit agreement, if they cant provide it then they cant force you to repay the loan. Welcome Finance are in such a mess I bet they wont be able to produce a copy of your agreement.

This stuff takes a bit of research and and a little bit if effort. You need to get organised. Start a file, keep copies of your letters and always send your letters recorded delivery, never use your normal signature. Always reply to every letter.

A good place to start looking for the letters to send is the consumer action group.

I have done this with all of my creditors and NOT ONE of them is able to force me to pay. In the past the creditors have been lazy and greedy and now they are finding out that they cant add bully to their list of crimes.

Hi, thanks for the reply..

I spoke to someone at Welcome Finance to see if they could send me everything they have on paper in the post regarding phone calls and what they are about and most importantly when and who I was speaking with etc. They gave me an address (head office) to send a letter and £10 wich i don't mind paying. Now I'm not really sure what sort of information I'm going to expect to be honest, and the guy I was speaking to on the phone wasn't quite sure him self.

I'm doing this most of all for proof and maybe hoping this will get them off my back, but if it doesn't I will take it further. I'm still paying their repayments as what was agreed on the phone some time ago. I haven't heard from either WF or Lewis debt recovery yet after a week.

About the agreement, the original one I signed when I first took the loan will be produced, I have no doubt in my mind they'll keep that on file. But the phone call can't prove anything which is why I want to get the history of all communication with them and to see all their notes. It was a verbal agreement on the phone which the guy should not have made apparently, but since I mentioned that their phone calls are recorded they said they will have the regional manager assess it and agree to it or what ever. Thats what they say anyway and after a few attempts of asking for proof of everything I just gave up.. rookie error i guess!

OK let's get down to it.

First off do NOT discuss anything further on the phone! They tie you in knots and get you to agree to things you may not want to or need to.

You need to demand a copy of the agreement you signed for this loan from the Customer Services Dept of Welcome Finance (copy in Lewis DR or whoever is bugging you at the moment). You do this under the provisions of the Consumer Credit Act 1974 section 78(1). It costs £1 and they are legally bound to send it you within 12 (+2 for post) days. (I'm sure I posted a template letter you could use somewhere on this forum a few days ago). Edit - here it is:

Account Number: xxxxxx


I am writing to you reference the above numbered account.

Under the provisions of section 78(1) of the Consumer Credit Act 1974 I am requesting from you a copy of any executed credit agreement relating to the above account.

As required I enclose the statutory sum of £1.00 and I understand you should provide the required document within 12 days of receipt of this request.


Regards

The guy you spoke to suggesting sending £10 is talking about a Subject Access Request (SAR). It does cost £10, but in reply they have to send everything in their records that pertains to you (including any credit agreement).

You send this request separately to the Data Controller of Welcome Finance. Tell them you want everything including any agreements that bear your signature. They have 40 days to reply.

There are template letters all over the internet for SAR.

One thing to note: Do NOT send anything to anyone with your normal signature on - letters, cheques, nothing. Use a slightly modified signature or sign over rows of xxx's or ooo's or the date. (I use a shorthand version of my sig - one I never use for official documents and sign over the date).

Once you have your replies to the above we will probably find your agreement is unenforceable. Especially if it pre-dates about 2004.

If it is unenforceable there is a strong chance you may never need to repay it.

I think you may find that the debt is enforcable, as Paul has been making payments he is in essence agreeing the debt is his.(which he hasn't disputed) The six year period, that you may be thinking of, is if no payments have been made. Paul can also ask for copies of the notes written on his account that are on computer. These are sometimes omitted from the documents sent.

Good luch, Paul.

no1blondy:

I think you may find that the debt is enforcable, as Paul has been making payments he is in essence agreeing the debt is his.(which he hasn't disputed) The six year period, that you may be thinking of, is if no payments have been made. Paul can also ask for copies of the notes written on his account that are on computer. These are sometimes omitted from the documents sent.

Good luch, Paul.

My comments regarding unenforceability have nothing to do with the statute of limitations (6 years period).

The fact he has been paying and apparently admitting the debt is immaterial if the original contract (credit agreement) is flawed. In essence he (and many others) have been paying mistakenly through ignorance of the requirements of the legislation. The House of Lords has handed down opinion that where an agreement is fataly flawed the creditor is deemed to have gifted the monies with no remedy and I argue similarly the debtor has gifted the repayments.

I do agree any notes on his record may be valuable in any dispute.