Welcome/Cohens - case withdrawn ***WOO-HOO ***

[Prudence]

We have just got copies of credit files from all 3 agencies. There is no 'Default' marked, only indications of payments behind in payment schedules. (There was a CCJ from them but we succeeded in getting it aside further back in this case).

[steven4064]

In that case leave it (although perhaps get the judge to say they mustn't put one there either)

[Prudence]

Thanks for your patience Steven! We will go see the Judge and ask if we can have all reference to WF removed from our records - is that a reasonable request? Then if he agrees with this, we will produce our schedule of costs.

[Prudence]

But we will telephone HC in the morning and if they are prepared to confirm by Special Delivery next day that they will remove all data from our Credit File, then we will not proceed to Court for Costs.

[Prudence]

Hi guys, I can't sleep.... what do you think of this email to HC to send later this morning!:

 

Dear Sir or Madam

 

Re: Welcome Financial Services Limited - v -

Claim Number

 

In response to your letter dated May 2009 re the above matter and enclosing a Notice of Discontinuance of proceedings, could you please confirm, by Special Delivery 9.00 a.m. to be received by myself by 9.00 a.m. tomorrow morning, 19 May 2009, that you will have all information/data relating to Welcome Finance on my Credit Files deleted and can you also confirm that this be the end of the matter and that you will discharge me from the debt and that no further proceedings will be entered into. Each side to bear their own costs.

 

If this confirmation is not forthcoming, I will have no other option but to attend the hearing on 19 May to seek strike out, costs, etc.

Edited May 18, 2009 by Prudence
date correction

[postggj]

i would phone as well first thing

get them to send confirmation email as well as in writing

 

its you turnining the screw now

[Prudence]

Thanks Post, I was so pleased to see that reassuring message before I went to work this morning! Hubby phoned them, they said they hadn't got the message (!) although it was the only email address on their letterhead! They then said it's nothing to do with them now. The file has been passed to the Financial Services Authority. If we have any queries we should take it up with Welcome Finance they said!

 

So what now? We will go to the 'Strike Out' hearing tomorrow - shall we ask for Strike Out, removal of all data re WF from our credit files and costs?

[Prudence]

Also do we need to take all the old papers, Default Notice & letters with us or just the Notice of Discontinuance?

[steven4064]

Take everything, just in case - you probably won't need any of it but if you leave anything behind, you know that is the one thing you will need

 

in any case, taking a huge pile of bumph will demonstrate all your hard work and justify them giving you costs

[postggj]

even at the end hc will not play ball

 

tell the judge in the morning you tried to reach a settlement but they still washed there hands of you

 

we are all with you and have the shampoo on ice

[Prudence]

Thankyou, thankyou, thankyou... I will let you know the outcome for sure! Ooooo lookin forward to that bubbly!

One thing, when you win a case such as this, does you credit record get wiped clean of all reference to that finance company? For instance, Steven, you have won many cases = did you manage to get them wiped off your record?

[postggj]

pru

 

all ref to welcome was deleated from my credit record

 

but that was done with agreement of welcome in fron of a judge

 

the ammount of crap welcome have given you,

the total contempt they have had for you

 

explain this all to the judge

 

at the end of the day its his/hers decision

 

as a rule, judges are only human and do look at all the facts

[Prudence]

Thanks Post, fingers crossed

Why has our file gone to the 'FSA'?

[postggj]

lost me pru

fsa

[Prudence]

Hi All,

 

Well we went to the Court, Judge was very nice & polite but seemed to want to get it over as quickly as possible. He told me he did not have any power to have our credit files amended or the entries deleted and that we would have to take it up elsewhere.

I showed him the costs schedule and he said he would not be able to put down that we accept the Discontinuance as it would need another hearing with the other party being alerted to our claim for costs. So we just said we would withdraw it to bring a close to the matter. Couldn't bear for it to drag on any longer!

Bit disappointed about the credit record tho, as the Welcome (now Progressive) entry is very messy showing several months arrears over the year. Is there a way we can clear this, as it is really detrimental to us.

[JonCris]

The Judge could have done what he wanted. It would have been upto the otherside to appeal if they didn't like it

[Prudence]

That's what I thought, but he didn't seem to want to listen and just wanted it over with. He said as soon as we walked in 'this won't take long'. I felt like saying, hey we paid for this hearing and we have something to say! He was being ultra polite which I felt like was disguising a 'you got an end to the case what more do you want' kind of attitude!! Cos every time we tried to speak, his response was just ' no way'!

 

But don't get me wrong, we are so delighted with the outcome with all the help on here.

 

Is there a way of trying to clear the data from the credit file now?

[postggj]

Hi Pru Sods Law With Luck Of The Judge Again

 

Think Of It This Way

 

You Have No Default

It Cant Be Flogged To A Dca

 

The Missed Markers Will Be Irrelevent With Six Months Of Payments On Another Credit Account

 

Welcome Can Not Keep Updating As Two Missed Payments Now

 

Give It Six Months

[YoungMan]

you are a winner pru do not worry

 

try this link its about credit file

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

[Prudence]

Hi All

Wonder if someone can help? As can be seen in all the above... briefly, we had a CCJ from Welcome 'Set Aside'. After great help on here we were able to site incorrectly headed agreement, several things around PPI, weren't given 14 days required by Default Notice, etc. In the end, at the last minute, Cohens sent us a 'Notice of Discontinuance'.

However, we heard from WF a few weeks ago that they had passed the account to another company and we have just now heard from MKRR demanding the whole amount!!

Any help/advice would be most appreciated! Best wishes from Pru

[postggj]

hi prudence

 

welcome screw up again

 

google part 38 discontuence

 

 

Discontinuance and subsequent proceedings

 

38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

 

 

 

they have no chance

 

ill do a letter for yoiu if you want

 

this mkrr is welcome under another name

[postggj]

hi prudence

 

have you checked your credit file as late

 

any mention of this new dca

 

if poss

 

can you post up the bit on your credit file ref this

 

remember to deleate any ref numbers

[Prudence]

Hi post, many thanks, funnily enough I just sent for credit file today. Will let you know when I receive it. I have pm'd you as well. Pru

[Prudence]

Have received our credit file and here is the bit ref WF. What do you think Post?

 

http://i47.tinypic.com/2je4mex.jpg

Edited May 23, 2010 by Prudence
attachment

[Prudence]

How can we get the data on the credit files removed after they 'Discontinued' ?