MCS will be in default tomorrow and you are within your rights to withold further payments (keep them to one side just in case they do provide the relevant paperwork). It's not your responsibility to remind them of the timescales, just sit back and let them commit the offence and then report them to the relevant authorities. Lan

Very interesting as they included the fee in the loan amount on mine too. No I haven't sent the letter off yet, same situation as you are at the the moment. I want to make sure that I understand everything fully before putting pen to paper. But it is certainly looking more like we are in a good position to get them written off and to get the defaults removed. Hillesden placed a default on my file and this is the only record of this loan on there, Welcome are listed on my file at all and since I haven't recevied any default notices I am really going to go to town with them for that. I'll keep you updated on things in the meantime.

I am going to wait and see what they do. But it looks as though Hillesden may have bought the debt from Welcome. Have you sent your letter off yet? Lan

Hi Dave It feels great, for the first time in 6 years I actually look forward to getting post in the mornings!!! Lan

I am sooooo loving this!!

Hi 120805 Guess what? I got a letter this morning from Direct Legal and Collections telling me I may be eligible for a "LIMITED EDITION" settlement discount!! I wonder what Ruthbridge would make of this? I wonder what Welcome Finance would make of this considering Hillesden say they are acting on behalf of their clients Welcome!

Hi Jess You need to send a CCA request along with a £1 fee and send it recorded. They have 12 + 2 working days to comply or they will default. After a total of 42 day they will have committed an offence and the debt becomes unenforceable without a county court judgement. You can find the template here letter N http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html Lan

Hi Woolny I am having a similar problem with red debt collection services for a T-mobile account. I have just written another letter to them informing them that I do not acknowledge the debt and that they must provide me with proof that I owe this debt. I also stated that to my knowledge I have never entered into any sort of contract with any mobile service provider. Red also sent me a postcard claiming that they had visited whilst I was out and I was to call them urgently. There was no company details just a telephone number and a reference number (which just happens to be the same reference number on their letters). So I have added in my letter that they are in breach of the OFT guidelines by failing to provide company details and trying to mislead me by suggesting that a home visit had taken place. Just waiting to see what they send back. As far as I am concerned it is down to them to prove this debt is mine, not me to prove it isn't. Lan

No you need to apply to the court where the judgement took place. But if you get copies of your credit files you will be able to see what is on them and whether or not you need to get the cert of satisfaction (these will cost you £15 each) so if they are already marked as satisfied I wouldn't bother. If you really want them removed you could write to the creditors who took you court and ask if they will remove them for you now that they are paid, some might do this others won't but it's worth a try. My advice would be get copies of your credit files first and take it from there. At least then you will know what is on your file and you can then decide how best to go about it. That's what I did, I had a CCJ 2 years ago and paid it off in full last year but it was still marked as unsatisfied this year, so I got the cert of satisfaction and sent copies to the credit reference agencies to have the files updated. I may write to the creditor to see if I can get it removed at a later date, but I am concentrating on some defaults that are there first. Lan

CCJ's stay file for 6 years after judgement. If you have paid them all off you can apply to the court for a Certificate of Satisfaction. It is very difficult to get them removed unless you paid them off within 1 month of the judgement then they would have automatically been removed from your file. Get a copy of your credit files, they cost £2 each and see if they are still on and whether they are marked as satisfied. Lan

Hi 120805 Just popping in to offer support Just ignore them now and wait for them to committ the offence!! Lan

Hi 120805 Not sure yet, still digesting all of what Dave has said. I would realy like to walk away from this one as I am sure you do as well. I am lucky in one sense that a DCA is dealing with it and not Welcome. They were very nasty and threatening at the time, even said they would get me arrested for fraud They knew I was off work on long term sickness, they even hounded my mother a couple of times and she didn't even have anything to do with it!! I changed my telephone number so that they couldn't contact me anymore by phone and that was when it went quiet until just recently when Ruthbridge got in touch. Ruthbridge haven't responded to my CCA request so I have written to them telling them to p*** off, but Hillesden have produced the above agreement with a print out of payments etc and have placed a default on my cr file which I want removed. So Dave if you have any advice for us on how to respond to this we would both be grateful Lan

Hi 120805 I don't understand the APR either but what I did notice was that the interest added each month was different. If they have sent you a statement check your interest charges. The first month I was charged £104.29 interest, now I know my math isn't my best subject, but my calculations it should have been around about £68 - £72 depending on whether they add it before or after the first payment was received. Each month after that they have charge betweeen £1 - £2.50 higher than the 3.5% quoted on the agreement. At no time did I ever receive a letter saying the interest rate was going up, so how did they get these figures?

120803, sorry for hyjacking your thread, but hopefully Dave has answered both of our questions I'll keep you posted as to how I get on and please let me know how you get on with yours. Dave You deserved the click your advice and insight into this matter is much appreciated. As I said earlier now I need to go through everything and plan what to do next. Once again thank you very much for your help so far. Lan

Thanks Dave Certainly a lot to digest. I will read through again before I decide how to proceed with this. Since Hillesden aren't chasing me as such I think I have a little bit of time to go through it and plan what to do next. Lan

Dave The agreement was signed in their offices. No T&C supplied and a computer screen print out of payments, charges and interest charged.

Here it is

Sorry Dave never thought of that will scan again and post in a bit Lan

Hi 120805 I have copied the agreement onto your thread so people can see it, hopefully we can both get it all sorted out!!

This is all Hillesden sent me re a Welcome loan, no terms and conditions etc, but what concerns me is where did the healthcare come from and "estimated" number of repayments?

You do not have to have any adverse credit recorded on your cr file to be refused credit. By having no credit history on you record can proclude a creditor from supplying credit in the first place, it would depend on the creditor's scoring system. I do not know where this misconception that only bad credit is recorded on cr files. All information regarding credit, including your bank account, mortgage etc is recorded.

Before a default notice is placed on your file the creditor must inform you in writing giving you a set period of time to rectify the situation. A creditor does have to prove that the notice was sent and that it followed the correct procedures in doing so. If they are unable to prove that this was done you can insist is it removed from your cr file.

I took out a Welcome Finance Loan back in 2001. Due to health reasons I was unable to pay it back. I ahven't heard anything from them until recently Ruthbridge started chaising me for the debt. They haven't been able to provide a CCA and have now committed an offence. However whilst checking my cr files I found that Hillesden have placed a default on my file for the loan so I CCA'd them and they have supplied me with a CA. I have a thread about it here: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/86398-ruthbridge-ltd-hillesden-securities.html I would welcome any feedback re the credit agreement Hillesden have sent as i would like to get this one sorted out one way or the other. Cheers

I have on mine, so no need to worry. Lan

When you sign a credit agreement you are also agreeing for the lender to update to cr file on how you conduct your finances, so your files will show all active accounts, late payments, defaults etc (if any). Once the agreement has ended it wil show up as settled (if paid early) or date account was closed on.