HELP!!....

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Re; my previous posts about Wellcome finance. I have had nothing in writing telling me how much we owe etc, and last week the girl from the office came round, looked through my letter box 3 times, looked through the window, i didn't open the door, so she went,that was about 11am. I went to pick my children up from school, and i got to the bottom of the road where we live, and she was parked up in front of the opposite house across the street! i went into my neighbours house, and she followed me there, and knocked on the door and asked the bloke who's house it was wether she could speak to me! it's unprintable what he told her to do, to cut a long story short, i went out to her, and she asked me why i hadn't gone into the office with the 160-00 like i said i would, i told her i couldn't get it, and as she knew the situation, about my hubby not being in work, i didn't have that sort of money, etc, and she said if i could get it by friday 27-02-04, she could re-write the account, and give me a payment break, and they would chase me for the other 3months arrears. I managed to get the money from my parents, and phoned her to tell her,she asked me to give her an hour or so, as she had to clear it with head office, to make sure it was ok for me to pay that amount, she rang me back, and said head office had told her if i could make it to another 12-00 (which would be the full months payment in total) then the arrears would "go back into the loan" so if anyone ever did a credit check on us, they wouldn't show up. I took the 120-00 in on the friday, only because she assured me the arrears would go back into the loan, (and the default would be cancelled) then she said that in another 3 months she could get us a loan to clear the loan we have with them, as wellcome have just bought out "Dail for a loan" so in effect, they are still the same company. I then asked her to get me the copy of the original default notice which was supposed to have been sent to us in December 2003, and she said she will have to dig it out, we still haven't received it! Just before i left the office, she said her manager, had approved us for a consolidation with dail for a loan, and she was going to ring me up for me to go into the office to sort it out, but she hasn't, also i reminded her of the payment break she mentioned for march, (only until hubby gets sorted with a new job) and she backtracked on it, by saying that i would still need to pay the amount due in march which will be 288-00!!!!! I also told her that as she was sat outside my house, she was harrasing/stalking me, which is a criminal offence, and she then said that head office had rang one of my referee's to give me a message to get in touch with her, but it wasn't head office, it was her!! Do any of you here think, that if i went to court, i would have a case against wellcome, as to me, they haven't acted very proffesionally, ie; no written correspondence, looking through my letter box etc, sat outside my house, going to the neighbours?? i know this is a repossesion site, but our house is secured against this loan, so in effect, she reckons if i stall on my payments again, they can go for repo. any help greatly appreciated, thanks, Jane.

-- jane (janey1@emailaccount.com), March 07, 2004

Answers

CORRECTION:: THE BIT IN THE MIDDLE SHOULD READ; SHE TOLD ME IF I PAY THE MONEY, THEY WOULDN'T CHASE ME FOR THE ARREARS!

ALSO, THEY ARE THE 3RD CHARGE ON MY HOUSE, AS I HAVE GOT A LOAN WITH BLACK HORSE, AND OBVIOUSLY MY MORTGAGE IS WITH THE HALIFAX. ARE THEY ALLOWED TO HAVE A 3RD CHARGE ON PROPERTY? I WAS ALWAYS LED TO BELIEVE THAT YOU COULD ONLY EVER HAVE 2.

-- (janey1@emailaccount.com), March 07, 2004.


Janey

The only advice I can give you is to go to your nearest Citizen's Advice office with all your paperwork and ask for their assistance. They may write to Welcome asking them to put a hold on matters until something can be resolved. They will also do a benefit check to make sure you are getting all your tax credits etc.

You may well be able to make a complaint re their unprofessional behaviour to Trading Standards, but again CAB will keep you right.

I would also consider making a complaint to the Police if they behave like this again, as their behaviour is very intimidating and would probably constitute a "breach of the peace" (scots law but their will be something under English Law) as they are putting you in a state of fear and alarm.

Sorry I can't help you more.

Moira

PS If you are going to CAB, go first thing and be there before they open. You will likely have a wait but it should be worth it.

-- Moira (Anderston828@aol.com), March 08, 2004.


Thanks for your reply.

We don't have any paperwork as such, only the credit agreement which we signed when we took the loan out, the only other letter we have is a "without predujice" one, but i have a feeling that it has been thrown away for some reason, and that was dated 10-02-04, the day after they first visited us one night! that was only because i asked them for the original default notice, which we never recieved from dec 03, they still haven't been in touch, despite their assurance they can re-write the account as from march. I may just phone them sometime this week, as i think they are going to wait until the next payment is due at the end of march and then start all over again harrassing us etc. If they backtrack on what they have said, then i will contact the trading standards dept, the only thing we have in our defense is that everything has been "verbal" nothing in writing, and considering the seriousness of the arrears, i would've thought that head office would have been in contact with us personally, i don't know if the letter we got "without predujice" is their own default notice, as i always thought that to get a default notice, it had to go through a county court? Yes, i think we have the same ruling in english law regarding harrasment etc, so if they start again, then i will seriously think of contacting the police, will let you know how things go later this week. Jane

-- jane (janey1@emailaccount.com), March 08, 2004.


Jane,

Below is an earlier posting I made which you will find interesting I think....

Although Jane Glover has already kindly mentioned this OFT website in previous postings, it has been suggested to me that it's important enough to post under it's own title, and I agree. I would advise everyone with shortfall debt problems to take a look at this OFT site: http://www.oft.gov.uk/News/Press+releases/2003/PN+97-03.htm

The following is a taste of what it covers...

Examples of the types of behaviour covered include:

1.failing to investigate or provide proper details/records when a debt is queried or disputed 2.failing to deal with appointed third parties such as Citizen's Advice Bureaux or independent advice centres 3.pursuing third parties for payment when they are not liable falsely implying or claiming authority such as claiming to be working on court authority 4.contacting debtors at unreasonable times and/or intervals 5.claiming a right of entry when no court order has been obtained 6.misleading debtors by the use of official-looking documents such as letters made to resemble court claims.

If any of this applies to you I would complain to the OFT

I think number No1. will be relevant for a lot of us. How many lenders refuse to produce docs??

Mark.

-- M Amos (idgroms@hotmail.com), July 16, 2003

-- M Amos (idgroms@hotmail.com), March 08, 2004.


Mark's right (as always!) - it should be the office of fair trading and not trading standards.

I think you should send a SARN letter by recorded delivery to their Head Office.

If you take the Credit Agreement to CAB they will look at it and write to them on your behalf....it might take some pressure off you!

Good Luck Jane!

Moira

-- Moira (Anderston828@aol.com), March 09, 2004.



Sorry Jane forgot to mention...IF you do go to CAB I'm sure they will write to the OFT on your behalf if you ask them!!

Moira

-- Moira (Anderston828@aol.com), March 09, 2004.


If we SARN Welcome, do we address to their head office, or the local office? Also, do the have a duty to respond to it, or have they the right to ignore it?

-- jane (janey1@emailaccount.com), March 09, 2004.

They have a duty to respond within 40 days.

-- Melody (melody_clarke@yahoo.co.uk), March 11, 2004.

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