Welcome want to re-write my loan?..please help

[postggj]

well i would ignore it

 

they have terminated the account by the default notice

 

they are trying to get every penny they can

 

my advice

 

sod off

[ajpoolshark]

Cheers Postggj, your advice is received, understood, and will be actioned...

 

"Dear WF.....SOD OFF!!!....Yours Faithfully, Me...".

[ajpoolshark]

another door step collection letter shoved through the letter box!....I've taken the liberty and printing off a copy of the 'doorstep harrasment' letter that I sent them 6 weeks ago and will hand it to the next 'collector' who pops round for a chat!.....I finally got my SAR from them....the default notice they originally sent me was dated 21/9/09 and is the only correspondance received from them, however enclosed in the SAR is the exact same default notice with the date changed to mid october, does this sound dodgy?...also according to their computer notes is says and I quote "13/10/09 *time edited out* Termination Letter".....There was no copy of this 'termination letter' received in the SAR, just the entry on the computer notes......So does this mean they have termianted the agreement before they've issued their doctored DN??.....rather confused by all this...Any advice anyone?

[IainHL]

Well done! You have just joined the club of people causing that great big hole in the Welcome Finance accounts.

[ajpoolshark]

what exactly constitutes a termination??....I posed the question elsewhere on the forum, but didnt get a reply......I have a situation where a faulty DN was sent to me 6 months ago, and WF have written to me recently saying the debt has now been assigned to a 3rd party DCA, and that the DCA effectively owns the debt...I've never received a termination letter, although my SAR shows an entry for termination dated 13th sept 09?....Is this agreement now terminated?

[pcoventry]

Probably sold on to the DCA..

[beyondhope]

I would say if there is a termination notice in sar this account is terminated. have you made any payments since the date on the termination notice?

[beyondhope]

who was the dca? out of interest

[ajpoolshark]

I would say if there is a termination notice in sar this account is terminated. have you made any payments since the date on the termination notice?

 

no, no payments made.....initial faulty DN was dated 21/09/09 (with no remedy date).....I received SAR 4 weeks later, which contained a 2nd faulty DN dated 23/10/09 (again with no remedy date), also in the SAR were copies of the original agreements, and a computer printout of activity on my account...on this printout is the entry "13/10/2009 Termination Letter"

 

 

....The DCA is "MKDP LLP"......there's an entry on google saying that this company has been recently registered in Milton Keynes

Edited March 18, 2010 by ajpoolshark
typo

[ajpoolshark]

quick bump

[ajpoolshark]

*bump*....is there anyone who can give a definitive answer on this question....thanks in advance

[grantyblade]

Hi AJ,

 

Sounds similar to myself. You never know if it's terminated or not. Do you want it terminating or what do you want to get out of it? I've recieved 1 faulty DN and a faulty TN, however I VT'd them inbetween. My feeling is as their DN was unlawful my VT should stand but they say it won't at moment cos of their TN to me. Don't know how to play it myself. Just going back and forth with complaint letters at mo regards many other issues. Although they say my acc is terminated (by themselves?) they are asking me to pay and get my acc back on track. I haven't paid since Dec 09 and won't pay anymore. Although I know I'm liable for arrears I don't want to be stuck with any other balance.

 

I would say that they can't terminate you ( which is my stance at mo) because their paperwork (the faulty DN) is unlawful and wouldn't/shouldn't stand up in court. Their TN to me is also missing key info, therefore I don't believe it's binding. I need help too.

 

Have you paid over 1/3 or 1/2? I have paid over half so they can't repo car, altho I wish they would - unlawfully!!

 

Good Luck - hope that helps?

[ajpoolshark]

I've just been reading through some other related threads, and want to clarify something as I'm getting hassled by MKRR....Welcome sent me a notice of assignment that MKRR now owned the account. Surely that constitutes as a termination of the agreement? Not forgetting the fact that the original default notice was invalid (no dates on it). If this is the case, whats the next step?...Wait until MKRR take me to court?...I've read on other threads that I need to write to either Welcome or MKRR accepting their unlawful rescission of the contract. Could anyone advise me on the correct format of this letter?

 

Sorry everyone, lots of questions, I'm just worried about messing it up and being left up the creek without a paddle!

[ajpoolshark]

*bump*....can anyone help please?

[wannabedebtfreesoon]

The termination of an agreement means that there is no longer an obligation to pay your regular monthly instalments. If they have sold this debt to a dca then you clearly have NO obligation to pay Welscum anything, let alone your previous monthly instalments.

 

Your agreement with Welcome is terminated, end of. As you have a NOA any further correspondence or arrangements will be with the dca. Equally any screw ups made by welcome are now the responsibilty of the dca.

So, yes I agree, wait for them to take you to court, or alternatively write to them explaining that welcome terminated on the back of a dodgy DN therefore, should they pursue legal action, the only amount you would be liable for would be the arrears as stated on the DN.

 

Just my opinion, hope it helps

[Sand-Dancer0191]

another snippet I've copied for my own ref:-(from this site)

 

The acid test is the Notice itself. Was it set out in the Prescribed form using the Prescribed words, did it accurately state what you had done wrong in relation to the Terms of the Agreement, did it accurately state the exact default amount they were entitled to demand that you pay and did the Notice give you 14 clear days?

 

If the answers to any of the above are no, then the Notice is defective, and the Claimant loses any right to enjoy s87 benefits. If the Agreement is also Terminated, either by a Termination Letter because they have taken enforcement action not otherwise allowed unless they had secured s87 benefits, then that Agreement is ended, and they cannot thereafter issue an effective s87(1) Default Notice.

[ajpoolshark]

The termination of an agreement means that there is no longer an obligation to pay your regular monthly instalments. If they have sold this debt to a dca then you clearly have NO obligation to pay Welscum anything, let alone your previous monthly instalments.

 

Your agreement with Welcome is terminated, end of. As you have a NOA any further correspondence or arrangements will be with the dca. Equally any screw ups made by welcome are now the responsibilty of the dca.

So, yes I agree, wait for them to take you to court, or alternatively write to them explaining that welcome terminated on the back of a dodgy DN therefore, should they pursue legal action, the only amount you would be liable for would be the arrears as stated on the DN.

 

Just my opinion, hope it helps

 

Thanks for the advice, makes a lot of sense

 

another snippet I've copied for my own ref:-(from this site)

 

The acid test is the Notice itself. Was it set out in the Prescribed form using the Prescribed words, did it accurately state what you had done wrong in relation to the Terms of the Agreement, did it accurately state the exact default amount they were entitled to demand that you pay and did the Notice give you 14 clear days?

 

If the answers to any of the above are no, then the Notice is defective, and the Claimant loses any right to enjoy s87 benefits. If the Agreement is also Terminated, either by a Termination Letter because they have taken enforcement action not otherwise allowed unless they had secured s87 benefits, then that Agreement is ended, and they cannot thereafter issue an effective s87(1) Default Notice.

 

The DN gave 14 days, but did not actually state the date by which the breech had to remedied by...My understanding from Post and other well respected members of the forum is that the date of the remedy eg (xx/xx/xxxx) has to be physically on the DN otherwise it's defective

[beyondhope]

Thanks for the advice, makes a lot of sense

 

 

 

The DN gave 14 days, but did not actually state the date by which the breech had to remedied by...My understanding from Post and other well respected members of the forum is that the date of the remedy eg (xx/xx/xxxx) has to be physically on the DN otherwise it's defective

 

 

and not only that they HAVE to allow 14 clear day which by stating in 14 days they dont as they dont take into account 'service' (postage time)

[felixflyer]

So what does this actually mean though. I have had 2 incorrect default notices sent to me. It even says 'Incorrect NOD issued' on the computer records that they sent me in my SAR. Welcome passed it to a DCA last year but now it has gone to Lewis Group who are asking for the full amount. How does an incorrect DN affect this? Im going to make a F&F offer but am trying to decide how much i need to offer.

[ajpoolshark]

I've compiled the following letter to MKRR as they're now threatening to apply for a CCJ against me within 14 days....

 

Is there any chance anyone can give it the 'once over' and advise me on any amendments please?

 

Many thanks..

 

"Dear Sir/Madam

 

Thank you for your letter dated xx/xx/xx, the contents of which have been duly noted.

Please be aware that the account in question was terminated by Welcome Financial services following issue of an invalid Default Notice which did not allow for the specified time period for the breach of the account to be remedied by as specified by the Consumer Credit Act 1974 (amend. 2006) s88(1) & s88(2), nor did the Default Notice contain the prescribed terms as laid down in the Consumer Credit Act 1974 (amend. 2006) s88(1) & s88(2) therefore should MKRR or its appointed legal representative pursue legal action, then only the arrears of £xxx.xx as stated at the time of the Deault Notice (dtd xx/xx/xx) would become liable

 

I look forward to hearing from you

Yours Faithfully"

[frettful38]

Hi aj, here is a copy of my letter when I received a faulty DN by HSBC. Make sure you send a copy to MKRR & Welcome both, send them recorded delivery and keep receipts safe as proof.

 

If you want to add or amend your letter then please feel free, and good luck.

 

Dear Sir/Madam

Re account no: 0000000000000000000000 Unlawful Rescission.

With reference to the alleged debt to your company, I refer to your Default Notice dated x May 2009, posted second class and received by me on x May 2009, and your subsequent actions confirming your previous written intentions to terminate the agreement. This termination has been recently confirmed to me as having taken place on x September 2009.

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. Your actions have lead to you unlawfully rescinding the agreement.

I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

I look forward to hearing from you.

hope it is of some help,

[ajpoolshark]

just thought I'd post an update....it'd been all quiet on the MKRR front until the past couple of weeks....the phone's been ringing and the mailbox's been deposited in.....Yep, they're hassling me again...I didnt send my draft letter, decided to wait to see if they'd start court precedings....Anyhoos, dodgy DN and dodgy rescission aside, my interest has turned to the statement of account they've sent me from WF....more specifically the final entry which says simply '05/03/10 DEBT WRITTEN OFF'......... no mention of the debt being assigned to MKRR, just the fact that the debt has been written off (I did receive a NOA from WF, but this was dated 12/03/10, some 7 days after it has been written off according to my statement of account).....Thoughts anyone?

[Sand-Dancer0191]

Of course its been written off....Its been UNLAWFULLY terminated on the back of a dodgy DN.tell the dca to off...Now also check your orig agreement if its wrong ie.missold ppi or insurances etc or details of ppi repayments and total not listed seperatly as in a multiple agreement They can only claim arrears if the orig agreement is valid