dadofholly
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Everything posted by dadofholly
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Welcome Finance - claim form received
dadofholly replied to gilly5001's topic in Financial Legal Issues
other thing to look at on that request - is the letter headed 'without prejudice' by any chance? (an old welcome trick). -
Welcome Fin. Loan rewritten, wrong car on agreement
dadofholly replied to gonnabreaksoon's topic in Welcome Finance
So where are you now with this? - could do with an update on what has happened over the few months since you last posted on here. -
Welcome Finance - claim form received
dadofholly replied to gilly5001's topic in Financial Legal Issues
is this a commercial agreement or a personal hire purchase agreement? s.80 relates to commercial HP agreements. -
Welcome Finance - claim form received
dadofholly replied to gilly5001's topic in Financial Legal Issues
have you paid off more than one third of the car? -
Send the harrasment letter If she has a blue badge she is disabled and is therefore classed as a vulnerable person. Make sure you complain to the OFT. Did you send a formal SAR enclosing the fee of £10? Have you made a formal CCA request.
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Here is a link to the telephone harrassment letter. http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter Send it but do not sign it - just print your mums name.
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Did you ever recieve a reply to your SAR? Is your mother registered as disabled by any chance - I know she has been ill and that you have informed them of this . She could be classed as a vulnerable person. Did you make a complaint to the OFT? send the telephone harrasment letter to their head office - if they call in the meantime tell them that your mother is ill - and that they should contact her in writing only, and that you will record all phone calls from them. Do not get into a conversation with them - just say your peace then hang up - dont answer any of their questions or listen to any of their threats - it's all hot air. But record the amount of times they call - who the caller is and what is said.
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s far as i am aware there is nothing to stop them - but dont see the point in them doing so. there is nothing to stop them selling the account any time they liked.
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Good - but dont forget to the send the SAR and CCA request too.
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Welcome Finance default & MKDP Llp
dadofholly replied to scott7saunders's topic in Debt Collection Agencies
Again you need to contact the Credit Reference Agencey as first point of complaint - if they fail to remedy it after contacting the original creditor come back for more advice - may be worth starting your own thread. -
Then you need to send an SAR to MBNA - they will have to send you a copy of everything they have. Idem are talking nonsense - They have purchased the original agreement - and it is only that agreement that is relevant. You need to send them a formal CCA request.
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If the account was sold to them - did you recieve a notice of assignment.
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Hi Andie - and great to see you here again. I learnt something recentley after being in court myself concerning so called confidentiality clauses. (Comes under the Human rights Act - and was mentioned by the judge in the case). Can i just ask you if your case reached court - or was settled out of court?
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Yes you can complain about all of their actions to the OFT. The OFT can ultimatley revoke their Consumer Credit Licence - but will only do so if there is a weight of complaints. They do not deal with complaints on an individual basis - but it is important that you add to any they already have.
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It looks like you have made payments to HFO before the account became Stat Barred - so it my not be stat barred. Would send a formal CCA request to Roxburghe. Amend and send the letter you can find on the link below. Enclose a £1 Postal order and print your name on the letter - do not sign it. http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter. Would also be worth getting BC to put in writing to who, and when, they sold the agreement.
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Those are all breaches of OFT guidlines - so yes - complain to the OFT.
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If they are ignoring the harrasment letter report them to the OFT - especially the threatening manner of their calls - if you can record them it would help - also keep a log of the calls and anything that they say.
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HFO Claimform - old welcome loan from 2004 - **DISCONTINUED**
dadofholly replied to gloryhunter's topic in Legal Successes
Good result GH - and don't forget your costs. -
CCL = consumer credit licence. When the agreement was transfered from HFO Capital Cayman to HFO Capital Ireland - HFO Capital Ireland did not have a valid CCL. That is a criminal offence. Have you lodged a complaint with the OFT?
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are you still recieving the phone calls - and have you written to them to request they stop calling you? If not send them the telephone harrasment letter from the library. In the mean time - keep a log of the calls you recieve and record them if you can. Would suggest you send both an SAR and a s.77/78 request to Welcome.
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I think - but may be wrong - that MM are incorrect on the assignment - unless they have purchased the agreement their response about assigning the benefit and not the burden is not relevant. They seem to have researched the law - but got the wrong law. Unless they have purchased the account - in which case they are the creditor.
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Send for both. Some Couts will accept a recon - does not mean that they are going to send you one though. Request one and don't pre-judge what will arrive - it may not be compliant. The alternative is to do nothing.
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Keep records of any numbers they phone you from. Especially mobiles.
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Welcome Finance default & MKDP Llp
dadofholly replied to scott7saunders's topic in Debt Collection Agencies
You need to write to CRA aking a complaint about the information only being added to your account recentley - they will then contact the Creditor to quirey it. If the creditor does not remove it come back for more advice.
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