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Old Blue Eyes

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  1. Hi Please could I have some advice with regard to Welcome Finance. I will try to make it brief, a defaulted loan that commenced in 2006, in July 2009 I wrote to Welcome to yry and claim back PPI charges but hadn't found this site yet, so just sent a standard letter no SAR or CCA. They failed to comply and although the Financial Ombusdman got involved, they failed to respond. In 2008 they issued court proceedings and obatined judgement for the debt and attached a charge to our property, the judgment was set aside due to non service of the summons and as wehad previously admitted part of the debt, taking off a figure that I had guessed due to charges and PPI, as have lost all paperwork. Welcome were ordered by the Judge to disclose all documnets as this was part of our defence they had come up with figures which they could not justify. Their case was due to be dismissed but then they agreed to our figure, some £5k less than there, which I had included under the terms of a consent order, so as make us look like we were trying to resolve matters. As a consent order was made there was no judgment and a default still remains on our file, I have today received a letter from Welcome stating that they can report this and the default will remain. In my letter to them I did not spell out that there is no agreement, surely no agreement no enforceable debt. I am happy for them to add details of the agreed debt which has been paid each month since 2009 when the court case was finally heard and we are in fact in advance of payments but do not see how they register a debt that even in court they failed to produce paperwork for. Now I am at a lost as to how to proceed, do I just ask them to stop processing my data and will this remove the incorrect default, or quote their breach of the Consumer Credit Act/Data Protection Act etc. Whilst I have mentioned we, the debt is in my husbands name and is the only blemish on his file, which I made clear in my letter. Any advice woud be greatly appreciated. A
  2. Hi Just received my SAR paperwork back from original creditor and it states that the debt was assigned on 21/05/08 but no copies of this assignment were included. It also states that the "written off amount" was the debt total and on the same day it was transferred to "BRU from account owning branch". I take it this means the oiginal creditor wrote this debt off for tax purposes. I have received another letter with 50% off the debt from Lowells. Can I remove all charges and interest on these charges from the debt and offer 10% of the remaining balance as a full and final setllement, as debt was written off for tax purposes 3 years ago? I have contacted original creditor and asked for a copy of the assignment as I still beleive this was never received at the time and still remains outstanding despite SAR request . Any comments would be appreciated. Many Thanks
  3. Hi and thanks for the reply. No we haven't moved address and as I mentioned to IMS21 in my reply, we were offered a settlement from Lowells in their first letter of half the debt to settle it. It is starting to make me wonder if Barclays have written this debt off but I suppose an SAR will confirm this.
  4. Thanks for the reply. I don't ever remember a notice of assignment being sent but it could have got lost in the post, I suppose. When Lowells appeared on the scene they offered a settlement of half the debt in 3 payments, which we could not afford to do, hence the monthly payments. I think I will go back to Barclays.
  5. Thank you for the responses. I don't have much information as I shredded all my debt paperwork in 2008 in an effort to make me feel better. Details I have are from memory:- Barclays Bank Personal Overdraft debt currently £2900 Barclays terminated the account in late 2005 and asked for immediate payment of the overdraft. Debt was paid by CCCS from then until mid 2006, when my husband and I separated, hence the gap in payments until 2009, when I started paying this debt again monthly at £10,00 per month, until early this year when my husband lost his job. There has never been a notice of assignment, I was blindly paying Loweels and no contact from Barclays since the CCCS agreement in 2005. Would this be the last acknowledgement or will that be the same as the date of the last payment? If so last payment was Feb of this year. I hope this helps. Thanks for your replies.
  6. Hi, Can I have some advice please. This an old debt for a bank overdraft, defaulted, I think in 2005, this debt no longer appears on my husbands credit file, but not sure when it came off. It was paid in late 2005 and early 2006 with CCCS and then no payments were made until last part of 2009, when monthly payments of £10.00 per month were paid. Due to redundancy no payments were made from February until May of this year. I sent a cheque to Lowell for £10.00 a couple of weeks ago but then received a letter from Red Debt Collection Services stating they may take court action or issue a statutory demand. My husband has not acknowledged this debt since 2006 and I have sent personal cheques out of my bank account, the debt is in his name only. I have looked at sending a CCA request but think overdrafts are Part V exemption and this is the part I don't understand. Plesee could I have some advice as to how I should proceed with an overdraft debt. Would this debt still be statue barred next year, even though I have been paying and is court action likely as they have had 6 years to be able to do this. Should I just CCA them? Any help would be greatly appreciated.
  7. Hi, Sorry typo there, meant to state that this debt has already come off the credit file, so it got me wondering why no action was taken at the time for this to be repaid. It's just under £3,000 but making token payments of £10.00 per month and at the moment this payment can't be increased, it will take forever to clear.
  8. Hi Jimbo Many thanks for your detailed response, it has put my mind at rest now, might SAR them and see what turns up. Should there still be a signed agreement for the overdraft that I can request with the SAR?
  9. Hi Can I have some advice please. My husband has an old overdraft debt that come off his credit file this year and he has not acknowledged since the summer of 2006. We have previoulsy been offered by Hamptons, the previous DCA, a discount of 50% but were unable to pay it at theat time. I got scared into paying £10.00 per month from June 2009 when they threatened a charging order but have paid this out my own personal bank account. Having been reading this site, I know a bit more now and as my husband has just been made redundant am trying to resolve this matter. I understand that overdrafts may be exempt from CCA regulations, does that mean I can not CCA or can I do this under Part V of the act? The annual statement we received states that this debt is for a loan dated 1989, so it has got me thinking we should challenge this debt and we have also received no notice of assignment. It appears from other posts I have happily been paying Lowell for a debt I am not sure about but the debtor, my husband, has not acknowledged this debt since 2006, so where do we stand? Please any help would be much appreciated.
  10. Hi, Thank you for the quick reply. I will send my letters off tomorrow and let you know how I get on. Many thanks.
  11. Hi, I have been reading these pages for ages and have just plucked up courage to post here. I have been trying to sort out my debts and my credit file for years and am now so close to success. However, my original Liverpool Victoria debt was sold to Capquest a couple of years ago and I have been paying a token payment each month. I have checked my credit file today, as I settled two debts in November and wanted to check my file had been updated which it hasn't. There is always something to chase or put in writing!!! There is a new default from Capquest for this debt, sold from Liverpool Victoria, the original debt was so old that it didn't appear on my credit file. So now I have another 4 years left with this default, the date the default was registered, Capquest had not been assigned the debt, so how could I have defaulted with them? They have resubmitted my original debts from Liverpool Victoria with their details on. I have the original letters of assignment and the debt was assigned to them a month after they stated that I defaulted. I thought that information on our credit file had to be accurate and up to date. I am not sure what I should do as I also have a smaller debt with Capquest, where they did not register a default and it is due to come off my file next month. I don't want to rock the boat, I have struggled for years to pay these off and this has been the worst DCA, with charges being added and interest that I have never agreed to, they also do not send me yearly statements of account which I thought they were also supposed to do by law. I also many moons ago had an argument on the phone with one of their staff and threatened the Police unless the manager dealt with me, so they have upset me in the past with their bully boy antics, hence they are the last debts to be sorted out. My question is, as there is a deed of asignment, should I contact them and ask them to remove this second, but more importantly incorrect default, which should remove this debt from my file and then I can send a subject access request. It is for a loan signed in early 2003. I would really apprecaite any help and advice and I hope I have started a new post in the correct section.
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