Welcome/Cohens - case withdrawn ***WOO-HOO ***

[postggj]

well the account was defaulted on a lousy default notice so no default

they cant issue a new one

 

demand a removal direct from the cra

[Prudence]

Can anyone suggest anything we can do further to get Welcome Finance off our credit record? With great help on here (especially postggj), we had a CCJ set aside then their Solicitors Cohens 'Discontinued' before it went to trial. However, that still leaves us with a big blot on our credit file (no Default tho) of missed payments showing which WF continually update. We have written to WF but to no avail.

 

We have been advised to write directly to the CRAs and demand they remove the data. Will they do this? I am about to write to them but wondering what others' thoughts on this are? Any help or suggestions as to where I can get further help on this will be much appreciated.

Thanks, Pru

[Prudence]

Thankyou post. I will compose letters tonight. I have also asked the question on the Credit Ref Agencies forum.

[Prudence]

Good Evening 6 guests

[Jamesx81x]

Were the payments missed or are they incorrect entries?

[Prudence]

Thankyou for your reply James. Briefly, the arrears accrued after being refused a PPI claim ('pre-existing condition' which we disputed), then the arrears turned into a CCJ. After help on here we managed to get the CCJ set aside due to PPI issues (included interest in the loan etc), faulty Default Notice and incorrectly headed Agreement. WF never showed up at Court, we had several 'stays' and in the end, WF's solicitors sent Notice of Discontinuance the day before the Court date. We have recently had contact from a DCA and have written to tell them it has already been subject to litigation and WF withdrew. We wrote to WF demanding they remove the entries a few weeks ago but have had no reply.

Any advice would be much appreciated.

[Jamesx81x]

Doesnt surprise me regarding the default etc with Welcome.

 

Did you miss the monthly payments though which you were previously making and are the entries late payment markers?

[Prudence]

The dispute went on for some time, at first we were attempting half payments then stopped paying them after they would never agree to any reduced payment plan, and would not answer our correspondence. We paid them on time and full payments for about 6 months at the start, but the start of the record of payments on the credit report is a mixture of 0, 1, 2 ! They have down 6's for the past 10 months. The Discontinuance occurred a year ago.

I was told the judge has the power to order them to remove the data but when we went to the hearing, the day after receiving Notice of Discontinuance, the judge said he did not have the power & we would have to take it up elsewhere.

[Jamesx81x]

I agree they were wrong over the ccj and default notice etc but you have stopped making payments on a credit agreement therefore any financial institution holds the right to report late and missed payments.

 

While you may not agree with them not agreeing to reduced payments or them refusing your ppi claim im afraid you still have to maintain the payments as per the agreement.

 

That been said if you were making full payments for the first 6 months this should be reflected on your file.

[Prudence]

Thanks for your reply, however if a credit agreement is not headed correctly in accordance with the Consumer Credit Act and is rendered unenforceable because of that and/or other issues, then surely they do NOT have the right to publish this data.

Also how do you correct misinformation on your file (ie our first 6 months of payments) when the other party (ie WF) are not willing to co-operate. Are all the cards in their hands? Do we not have any legal right whatsoever? Are there any laws governing the publishing of such information?

[Jamesx81x]

Who has declared it un-enforceable? This can only be done by the courts.

 

As for the first 6 months all you can do is try and take it up with the CRA's failing that threaten them with legal action for them producing inaccurate data.

 

ICO is just a waste of time and takes months even years. Going through the courts is more often than not the only language they understand.

[Prudence]

Just an update, wrote to MKRR asking for a copy of the Deed of Assignment and to tell them that this has already been the subject of litigation, where WF 'Discontinued'. No reply as yet. Wrote to WF a month ago demanding removal of data and received a reply only today to say "Your account has been sold onto Trade Pro".

I can't understand how they could have a sold an account that has already been to Court.

I still have not received any reply to CPR18 request (to WF) over a year ago nor a Subject Access Request to Direct (re PPI) also over a year ago. Shall I pursue the PPI? It seems WF included the PPI in the amount of our credit for one thing. If so, what is the next step please?

Many thanks.

[postggj]

well you need to confirm trade pro, mkrr who or whatever they are calling themself and demand if the account has been assigned equitable or absolute by the law of property act 1925

 

go on the ppi or any other micky mouse insurance

[Prudence]

Thanks post. Sorry but what does that mean equitable or absolute and which one would be better for me?

[postggj]

equitable means they can send it back to welcome if they fail to collect

 

absolute means they are lumbered with the account

 

warts and all

 

the account is illegal anyway as welcome would be prohibited from selling it on as they can now take no legal action on recovery

[Prudence]

Thanks oh fountain of knowledge!

If the account is illegal, can't we take them to Court to remove the missed payments on our credit file?

[postggj]

ime looking into this

 

even though they cant take you to court again, the debt still exsists

 

were the missed markers placed on your credit file before or after the acount was in dispute

[mollybe]

Well done Pru, I have read your thread from the beginning and was cheering you on all the way through. I can't believe this has come back to haunt you, but at least this time you know you can do it.

 

post ggj could you possibly have a quick look at my thread Being taken to court...please help I'm scared Re: MBNA. Not all of it just the last page regarding the Tomlin order. I just need some advice please.

[Prudence]

Thanks mollybe! Good luck with your case, I will have a look through your thread... looks like it's as long as mine (just had a quick look - hope you have a lovely birthday and that your pamper day gives you even more stamina to stand up to these villains!!)

[Prudence]

Hi again post, the missed payments were always on our credit file but they have continued to add to them, last updated 3 March 2010 (we went to court last May 2009!) Showing 6 months arrears for last 10 months.

[postggj]

what is the status recorded on your credit file at the moment

 

satisfactory

default

closed

 

etc etc

[Prudence]

There is only a 'monthly status' which just gives a row of payment markers (there were more of them than I showed - chopped off several at the start of the account). You can see a copy of the report on the previous page #273

[postggj]

I Take It The Account Is Still Under The Name Welcome Finance Not

Mkrr Or What Ever

 

Seems Mkrr Need One Of My Letters

 

I Take It You Have Still Got The Order From The Court Saying Discontinued

[Prudence]

We obtained this credit report about a couple of weeks ago. Yes it was under Welcome's name (but it says they last updated it March 2010 which I think was before they passed to MKRR). We wrote to WF demanding they remove the data (great letter from emancole) but they just wrote back to say they sold the account to TradePro and we should refer complaints to them. We have written to TradePro/MKRR or whatever, to say this has already been subject of litigation & to stop any harrassment, & detailing our costs for any further letters, calls etc. No response from them yet. But that still leaves us in limbo with the credit file.

[Prudence]

Yes still got the Discontinued order