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Claimform Carter/Lowell old welcome rewrite of a car finance 'debt' - already VT'd


BIGMAN2708
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I was made redundant in November 2008 and unfortunately still seeking employment.

 

I only receive JSA (£60.50), housing benefit and council tax relief.

The housing benefit is paying most of the rent, less £80 per month until 15th February

and the Council tax relief is only £12 per week. At present I am in deficit of £60 per week.

 

I have two loans with Welcome Finance, one is a personal loan (£3689)

and the other was for hire purchase on a car.

I have succeeded in a Voluntary Termination on the car account,

so it has now reverted to a none priority debt (£6002.26).

Since being made redundant I wrote to my local Branch and notified them of my financial situation

and that I would not be able to make payments on the accounts for the time being.

 

All started well with this, but they soon started phoning me constantly asking for payment,

even asking me to BORROW money so that I could make a payment to them.

 

With all this happening I sought advice from the National Debtline, who advised me on what to do.

 

First thing was to ask Welcome to hold any action for 28 days and freeze interest and charges.

This they refused to do.

 

In one week the car account balance increased by nearly £100!!!

 

Still the calls persisted.

I spoke to their Call Centre and they said I should speak to the Manager of the branch.

This I did, and she agreed to not contact me until my circumstances change.

 

Which is what I asked for in the first place. Still no mention of interest freezing though.

 

I then sent a letter asking again for charges and interest to be frozen for at least 28 days,

offered a token payment of £1.00 per month and that all future correspondence be in writing.

 

Today, I received a phone call from the local branch, again asking me if my circumstances had change,

even though it had only been three days since I had spoken to the manager.

Again, he asked if I could BORROW money, to which I said he was out of order and acting illegally.

 

Should I know push forward with a complaint to OFT and the Financial Ombudsman?

Or make a complaint to their complaints department first?

 

Any advice would be greatly received. These people are killing me.

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I received a CC Claim Form this morning from Bryan Carter Solicitors on behalf of Lowell Portfolio

who bought an old Welcome Finance Debt I held.

 

 

Lowell Portfolio purchased the debt on 05/09/2012 for a total of £6098.30.

 

 

Prior to purchasing this debt from Welcome Finance I was disputing the amount of the debt due to excessive

and unnecessary charges to the account.

 

 

I never received a response from Welcome Finance in writing regards my charges complaint,

they did try to call me and sort it out over the phone but I point blanked refused

stating any communication should be in writing only.

 

 

Then Welcome Finance went into financial difficulties and my account was transferred to an office in Nottingham.

No response came from then until debt was bought by Lowell in 2012.

 

 

Having checked my Credit Report the debt has now been deleted from the report due to its age.

The original account was opened in 2004 and Welcome refinanced the account about two years later due to financial difficulty.

 

 

For the record the original debt was HP Finance on a car, due to financial difficulties I voluntarily terminated

the agreement and the car was returned to Welcome Finance.

 

 

I had already made a claim for unfair charges prior to the termination.

This left an outstanding debt of about £5000, which then mounted with additional charges and interest.

 

 

I am going to acknowledge the claim to allow the additional time stated on the claim.

Any advice in the meantime will be very much appreciated.

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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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have you still got the evidence you VT'd the car

as if you did

you should have only have had to make up the value to 50% of the original agreement.

 

 

as for the rewrite

did you sign it

or was this done over the phone by welcome staff?

 

 

I bet the latter?

 

 

you need to send LOWELLS a CCA request

and a CPR 31:14

requesting the documents mentioned directly in their PoC>

 

 

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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Share on other sites

Hi, answers to your questions are as follows:

 

Evidence car was VT'd

- I have the collection documents from the car collection company. Collected on 25/11/08.

 

The rewrite was signed by myself on 30/08/2007. Original agreement cancelled on 08/08/07.

 

 

Please find below answers to the claim form you have requested:

 

Name of the Claimant ? LOWELL PORTFOLIO LTD

 

Date of issue – 22 AUG 2014

 

 

What is the claim for

– the reason they have issued the claim? Please type out their particulars of claim (verbatim)

less any identifiable data and round the amounts up/down.

 

THE CLAIMANTS CLAIM IS FOR THE SUM OF 6032.19

BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED

BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDENT AND WELCOME FINANCE

UNDER ACCOUNT REFERENCE ///// AND ASSIGNED TO THE CLAIMANT ON 05/09/2012

 

NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

 

THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND

 

A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

 

THE CLAIM INCLUDES STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984

AT A RATE OF 8% PER ANNUM (A DAILY RATE OF 1.32)

FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT

TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AMOUNTING TO 66.11

 

What is the value of the claim? 6608.30

Is the claim for a current or credit/loan account or mobile phone account?

OLD DEBT FROM WELCOME FINANCE (NOT REGISTERED ON CREDIT REPORT ANYMORE!)

 

When did you enter into the original agreement before or after 2007? 30/08/2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

 

Did you receive a Default Notice from the original creditor? NO

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? YES

Why did you cease payments:- SEVERE FINANCIAL DIFFICULTIES

Was there a dispute with the original creditor that remains unresolved? YES, I HAD MADE A CLAIM FOR UNFAIR CHARGES AND INTEREST.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

YES, SEVERAL LETTERS BUT CONSTANTLY HOUNDED WITH PHONE CALLS AND HOME CALLS TO PESTER ME FOR MONEY I DID NOT HAVE

 

I hope this answers the questions you require to help me further.

 

 

Many thanks.

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whats this VT evidence then?

 

 

a signed sheet that says VT?

 

 

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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whats this VT evidence then?

 

 

a signed sheet that says VT?

 

dx

 

I have signed documents from the car collection agent and a letter from Welcome Finance detailing the termination of the agreement and the amount owed.

 

Were the other answers I supplied of any help? Thanks.

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can we see all you have please/

 

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as for the claim stuff

thanks that will be needed later

 

as long as you've Ack'd the claim to defend all

that's all you need to do for now

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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Hi, Letters attached as per your email.

 

 

I acknowledged claim on 29/08/14 by email as their online service was not working.

 

 

Have received confirmation back from Court to say email has been received.

 

 

Thanks for your help so far.

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have you the original agreement please

 

 

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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Share on other sites

Hi, have edited documents further.

 

 

Just leaving amounts showing.

 

 

You asked for the original agreement,

do you mean the agreement prior to rewrite.

If so, I am unable to find the original.

 

 

I did request a SAR from Welcome in 2009 and have attached statements and documents from then.

 

 

The original agreement should have been in that request but it is not there.

 

 

You will see from the statements that the first agreement commenced on 12/01/2004.

 

 

Please let me know if you require anything else.

Many thanks.

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I see Harrington brooks have had their finger in this

 

welcome statements as usual are almost total fabrication

those fees+the int they charged on them

will prob wipe the debt out

and you had PPI/gap/mach on the 2004 agreement

 

and I also notice the rewrite makes no mention of the car at all.

so how could they have allowed VT?

 

anyway

 

it also worthy to note

 

the VT terminates the agreement

so how can a Default notice come into this.

 

you still need to CCA the claimant

 

and CPR the sols

 

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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Share on other sites

until we know if they hold any cards you wait

 

 

but DO NOT miss def date.

 

 

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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Share on other sites

sadly no that's a sep issue

 

 

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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Share on other sites

outside indication that it could be SB'd if no payments made

 

 

however, we know that welcome have removed all footprints of their debts from CRA file recently

and

it could also be 6yrs since a default was reg'd, so it wouldn't show that way either.

 

 

take your pick!

 

 

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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Share on other sites

if we'd know it was that letter

we would have said not to bother

 

 

that's just carters std CPR reply

not worth the paper its written on

 

 

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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whatever you do you do NOT miss filing your def

by midnight on the 23rd

 

 

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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