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keynes collections & welcome finance debt


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Amongst other issues dispute with Welcome Finance,

initially attempting to repossess car "forthwith no court order needed" as it was "linked" to a joint personal loan

the hp in my name only and not in default +over1/3 paid

Dealt with that one sharpish.

 

 

When over 1/2 paid finances tight with divorce very carefully enquired regarding re negotiating payments

advised not possible so again very carefully said that I wished to exercise my right as sufficient sums had been paid to return the vehicle in full settlement,

after some time I had to sorn it and put it into secure storage.

Then it was removed.

 

 

Then the you owe thousands letters started

eventually told to put up or go away

 

 

...long silence now after sending a notice they are terminating agreement and will recover car( been gone a year)

calls and finally a letter asking for £2,064.19 from Atlas who are "a trading name of Welcome Finance" I have replied:

 

17/11/2011

Dear

RE: Notification of Instruction

Your ref:

 

Thank you for your letter 14/11/11 advising me that you have instructed yourselves to deal with this matter.

 

As you have already no doubt carefully noted the letters and faxes sent regarding this issue

you will be aware that there is no outstanding liability to yourselves for yourselves to pass to yourselves trading under any name

and I am therefore surprised that you have instructed yourselves in this manner.

 

 

I assume that the turmoil caused by the recent financial difficulties of the group may have introduced some lack of clarity within your procedures.

 

This matter has been discussed with yourselves in detail before your cessation of loan activity and restructure

and I see little point in resending the letters etc. to you acting for yourselves under a different name.

 

I would make clear to you that I will not accept any dealings with yourselves trading under any name or by agents acting on your behalf,

by means of phone calls, texts or any other means of communication to any phone number or other electronic account that you now hold or may obtain.

 

I will take appropriate and proportionate action should any such contacts re-commence.

It is your responsibility to ensure that any such agents comply.

 

As you have drawn my attention to this matter I had considered closed I will of course undertake a review

and I will contact you as soon as is practicable should I find any miss-selling, over or unlawful charging or practices

which would give grounds for my making a claim against yourselves.

Yours faithfully

 

Anyone had any dealings with Atlas Collections?

I suppose a SAR is next and settle in for a long haul

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Hi yes I believe you may be right about Atlas, I have been a member of CAG since early 2007 and cannot remember them appearing before. The only problem I can see with your letter above is that their are far to many words of more than four characters in it you must remember it is the same well trained phone monkeys that read these letters and they do not have much as one brain cell between them. The other thing being that unless a letter contains a payment they never admit to receiving it.

 

For now I would just ignore them that hurts them more than anything else.

 

dpick

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I know but I am having real debt problems with real companies and this is my sad light relief The last call I had was an Official one from the company I enjoyed the ability to ask were all the other ones unofficial and done in his spare time remember the Python Argument sketch?

I record calls and this seems to upset them especially when they say I cant. I would agree though with this lot the simian cast of Planet of the Apes would probably have a case for defamation for the suggestion that there relatives were involved.

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  • 1 month later...
  • 2 weeks later...

I have copies of all documents but will be doing cca request

 

The phone is becoming a nuisance call today 15.27 advised caller asper letter will not discuss over phone,

15.28 same

15.29 same

then voicemail 15.30

call again,15.35

call 15.37

call again answered and advised caller that calling on my duty phone is interfering with me in course of my duties

and would put a case file together laughed at but calls stopped.

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List the date and time of every call - and what is said. Reminds me of Harrison v link financial

 

Report all of this to the OFT - very important - this shower needs dealing with.

 

Send them this letter to stop the calls.

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Here is a couple of links you may find interesting regarding the phone calls.

 

http://www.kingschambers.com/news/latest/credit_card_borrower__tortured__by_lender,_says_mercantile_judge_/

 

The case itself.

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

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  • 2 years later...

Had a car with Welcome finance on HP and when past the 50% mark

 

 

had a change of circumstances october 2009 asked if could refinance

told no so after looking on here and speaking to Council work collegues in Trading standards

sent the full s99 CCA Vol Termination letter.

 

 

Very careful to make sure it was no way possible to claim it was a Surrender

 

 

Had to store vehicle and pester them to collect.

Had ages of them trying to claim it was a surrender posted about this years ago.

 

 

They even acknowledged it had been processed as a V surrender not termination .

When put to the point of go to court then with the docs and see where you get all stopped .

 

Now I have MKDP saying they have bought the debt

should they have been given the paperwork from welcome which shows it was a termination ?

 

I was minded to send one "refer to my last letter to Welcomw/Atlas and the other names they called themselves"

letter or should I just let them stew?

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  • 2 months later...

In brief

 

Had an acount with Welcome finance goes way back

 

with the help of collegues in my councils trading standards

 

sent an uniquivical section 99 CCa letter VT and

 

eventually having had to store the sorned vehicle it was collected (over 50%) paid.

 

Welcome over a couple of years and with lots of different names

claimed they had collected it as I was in default

Told them had letters and put up or shut up. Nowt heard

 

Now barrage from various faces of compello the latest Keynes collections.

 

Notice of intended legal action

pre action potocols

civil proceedure rules "paragraph 4 of annex A of the practice direction

rulescourts power to impose sancions for failure to comply with practice directions"

 

I noted they were in breach of section 2

no documents supporting claim listed

and the usual may might should action becoming ness etc

 

Feel I should answer this however unlikely real action is to take place

 

any one got any thoughts?

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so MKDP have it now I assume?

 

what you have is their std threat-o-gram in your hand

hoping to snare a mug that knows no diff.

 

if you legally vt'd

 

theres nowt they can do.

 

did you reclaim all the insurances and penalty fees welcome charged too?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In brief

 

Had an acount with Welcome finance goes way back

 

with the help of collegues in my councils trading standards

 

sent an uniquivical section 99 CCa letter VT and

 

eventually having had to store the sorned vehicle it was collected (over 50%) paid.

 

Welcome over a couple of years and with lots of different names

claimed they had collected it as I was in default

Told them had letters and put up or shut up. Nowt heard

 

Now barrage from various faces of compello the latest Keynes collections.

 

Notice of intended legal action

pre action potocols

civil proceedure rules "paragraph 4 of annex A of the practice direction

rulescourts power to impose sancions for failure to comply with practice directions"

 

I noted they were in breach of section 2

no documents supporting claim listed

and the usual may might should action becoming ness etc

 

Feel I should answer this however unlikely real action is to take place

 

any one got any thoughts?

 

 

 

Could you put some dates to the events please?

Is the debt reported on credit files?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Will dig out the files again and didnt see debt on file last time I looked

but would need to recheck as its been passed around so much

 

everyone from ARC to wescott and dear mr Munn had a go

 

Agreement was in july 2008 and I terminated in nov 2010

 

re requested pick up dec 2010 which they "processed as vol surrender"

 

They claimed that defaulted on payments for nov dec2010 jan 2011

clearly adift as car was gone dec and they admit letter to head office nov.

 

My concern is despite all the mays and shalls

should I write to them refuting their claim so as not to appear

should they go to court as having been unreasonable .

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Will dig out the files again and didnt see debt on file last time I looked but would need to recheck as its been passed around so much everyone from ARC to wescott and dear mr Munn had a go Agreement was in july 2008 and I terminated in nov 2010 re requested pick up dec 2010 which they "processed as vol surrender" They claimed that defaulted on payments for nov dec2010 jan 2011 clearly adift as car was gone dec and they admit letter to head office nov.

My concern is despite all the mays and shalls should I write to them refuting their claim so as not to appear should they go to court as having been unreasonable .

 

 

CCA to the Compello Group and a SAR to Welcome to see what the actual scenario is.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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so you didn't VT then

they took at as VS.

 

no wonder the fleecers are all after you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I did VT it

 

the letter was absolutely not open to any other interpretation

 

they said they chose to process as VS despite a large block heading VT under section 99

 

I sent a SAR to welcome PO never cashed but not returned will go again is welcome still around?

 

But do I write a holding letter to compello group just to state that caveat emptor should apply to buying non existant debts

 

It used to be amusing with Wrlcome pretending to be Atlas collections etc but I am getting too old for this!

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sar welcome

they are still around.

 

if you wish

 

you 'could' send MDDP? a copy of the VT letter

 

though it would simply just invite letter tennis

at this stage IMHO.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok I think I will draft a letter pointing out the alleged debt was disputed and that should they wish to proceed I will contest along with cca and another sar to Welcome though compello own the debt assume it still goes to welcome?

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welcome yes.

 

if this is your first letter from mkdp the client.

 

then i'd p'haps resist the temptation to write yet.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok I think I will draft a letter pointing out the alleged debt was disputed and that should they wish to proceed I will contest along with cca and another sar to Welcome though compello own the debt assume it still goes to welcome?

SAR to Welcome leave Compello to stew at present as dx said no point in letter tennis.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Cheers will do today

 

will rely on the fact that last letter to welcome clearly stated do not accept liability

 

if compello try the not complying with pre court directions seems an attempt to make one think one must give in

or court will prejudge did my usual remove all the bits with preface of may shall could might etc

and as usual there is not a lot left just haviing a bad day with a a lot of pain killers

 

thanks for support and clarity

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  • 1 year later...

Just had a stack of paperwork from Hoist Portfolio 2 Holding Limited including "missed notices for my records"

 

these are default notices for 3 years on an old welcome car finance account that I disputed on the grounds that it was not a repo which welcome were trying on but a lawful return

( wellcome ages ago admitted they "chose" to consider it a repo despite the formal notice served on them and gave up when told see you in court)

 

Hoist have only recently bought the alleged Debt interesting they are retrospectively issuing notices.

 

Their implication is that as these were not served there can be no additional charges on the alleged debt for that period but now they can pile on charges etc

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Not only that, but until the missing notices of default sums etc are issued, the law/regulations do not allow them to 'enforce' the agreement.

 

May not be enforceable anyway on separate issues, but they are likely trying to remove at least the obstacle of the missing notices.

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4 threads merged for history

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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