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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
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welcome and multiple rolled loans **WON**


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Primarily the date yes, however the amount would have been wrong also, not the judge was bothered by that as he'd seen enough. You need to bear that in mind to some extent when you get various letters. It's only when matters get relatively serious that anyone who's even considered doing their law degree for starters get's anywhere near your account. So, as for 'legal' departments I'm afraid the legal profession is often guilty of being one of the over inflated and self important areas to work in.

 

Lots of latin, risk of megalomania as it can be very insular, along with its little clubs at a higher level, progression comparable to a glacier flow and names having to fit in order to get anywhere = check me out :rolleyes:.

 

That's why you end up with such inane letters from various 'legal departments' and 'litigation specialists' when in fact it's just some kid with a City & Guilds in paper shuffling pushing f6 on the keyboard and doing lots of mail merges. As for the composition of the important stuff like Default Notices yes you'd think they'd make some attempt to get them right wouldn't you?

 

Thing is they send them by the thousand every year and generally speaking there are still far too many people who have no idea what a correct default notice should look like...law of averages states most people will just freak out and either pay or roll over later if litigation starts.

 

That's the beauty of CAG, now you know exactly what rights are afforded to you. That's not debt avoidance (for any new people on here who appear to have an issue with the forum, its posters and its objectives) that's simply education. If you need to check yours out you know you can always ask on here and someone will be able to offer their opinion ;).

 

Excellent Post emandcole! Thank you! Having read a lot of stuff from your Good Self I wouldn`t expect anything else!!!;)

 

This will calm a few nerves and explains why these Companies just Carry On Regardless of the wrongs and rights of the Issue.

 

It also explains yet again, How something so Fundamental to this kind of Dispute/ Argument can be so Powerful to US if They Get it Wrong!!! :D

 

Cheers, MARK

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Cheers Mark, I try :p

 

 

So emandcole if i was to go into arrears a couple of months down the line i am right in saying they can not use the dn i recieved the other day.

Also how long ago did you win your case in court aganist welcome just out of interest.

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Hi LB, in order for them to use a default notice against you at any point in time it must be correct. Their next step would be to terminate, either with a termination letter or by any written demand of the full balance. If they did this on the back of that invalid notice they'd be in trouble.

 

If the default is invalid however, they are allowed to re-issue a correct one as long as they haven't already terminated the agreement, generally though creditors seem unaware of what they've sent and I have no experience of a creditor re-issuing a previously invalid one in an attempt to remedy the fault.

 

My case wasn't with Welcome, have nothing to do with them fortunately.

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Quote:

Originally Posted by grantyblade viewpost.gif

Does seem many new DN's sent out last week. I recieved my 2nd! 1st sent 24/12/09. Xmas eve!!! I'll let you work out whe i recieved my TN!! 14 days they gave me. You think that included all the non-post days like xmas day, 26th & 27th (bank hols) then the weekend plus new year. It's a hoot. Therefore DN - invlaid. & TN invalid. Plus i'd made my regular payment on 31st/12/9. i VT'd them in feb on basis their TN was invalid, but wouldn't accept. So I accepted their unlawful repudiation. Now they send 2nd DN dated 3/4/10 (recieved 10th). So again is my account terminated? Live? terminated? live? terminated? live? if it was live surely my VT should stand? WHAT A JOKE!!

 

If you did indeed receive a Termination Notice, that is it. Account terminated. No wonder they wouldn't accept your Voluntary Termination, since they had already terminated there was no agreement for you to voluntarily terminate. Understand? :wink:

Similarly they cannot issue a second Default Notice, since there is no active agreement, expressed far more eloquently by BRW in one of his posts.

 

I believe you have 2 choices now, sit and wait for them to take you to court, or start action against them yourself. postggj is the expert on this, if you haven't already start your own thread and PM postggj.

 

Oh, and don't pay them a penny more! :grin:

 

Cheers IainHL,

 

Yeah haven't paid anymore. Sent my VT between their DN and TN. I do have my own thread tho:-

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/250269-opinion-please-welcome.html

 

Just can't get my head around why if they've terminated, do they send a 2nd DN!! I know nobody else quite gets it either. I am playing a waiting game. Hopefully my account will be TN'd for 2nd time imminently. Got a small dilemma with the car tho, as the tax & MOT run out end of this month and do I MOT it and tax it further? Surely if they Terminated agreement in Feb, am I still liable for this?

 

It's a funny old game!

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Can anyone advise me on this. On my default notice it mentions the consumer credit act 1974 section 87(!) but when I received my ccbc summons The POC mentions only that I owe money under a bank account facility that I agreed to maintain. Now is there any advice out there regarding this. At the moment I am relying on a default notice that may be a few days short,so if that is not accepted by the court can anything be done regarding the differences in what law they are persuing me under? I would be very grateful for any input on this as time is closing in on me. THANK YOU ALL !!

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I received my DN in July 08, and TN a few weeks later, so account has neeb terminated for over 18months now, and I'm still waiting for Welcome to do something, no letters, no court papers, nothing in 18months.....

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We the 1arbys,Today received a letter from the Adjudicator at FOS assigned to our Complaint against Welscum finance for Mis Selling of PPI and Other Insurance.

 

I am pleased to let you know that following FOS involvement WFS have Agreed to make an offer to settle our Complaint!!! YE HA!!!

 

Welscum Will Be writing to Us to Explain the Precise Terms of it`s proposed settlement!!! YE HA!!!

 

We now have to sign the enclosed form and send to FOS, who will send it on to Welscum!!! YE HA!!!

 

The **** will then write to us with their Offer and Revised Loan Details. Once they have worked out the exact figures!!! YE HA!!! If we do not agree with these figures (Get Your Calculators At The Ready Folks) we must take it up with the **** Initially. If we are not happy with Or Unable to Resolve the matter with the **** FOS Will be Happy to Assist!!! YE HA!!!

 

FOS point out that due to the Number of Complaints Against Welscum Financial Services ( That Made Me Smile), there could be a Delay of up to 12 weeks in the Processing of Our Offer!!! PML

 

Fos also state The **** Will, `Put us in the Position We Would have been in had we Not Been Mis sold the PPI and Other Insurance` AND `Will Pay Us Interest at 8%` as well as Reworking the Two Loans!!! YE HA!!!

 

They go on to say We Consider it Appropriate for Welscum to Pay Additional Compensation for Any Distress and Inconvenience Caused by Rejecting the Complaint in the First Place. When They Should have Known the Complaint Would Be Upheld!!! YE HA!!!

 

The Silly B*GGERS Accepted Our Complaint in their Very First Reply!!! So How They Thought It Wouldn`t go this Far I haven`t A Clue???

 

I Think That About Covers That!!! AND Thank You ALL!!! YE HA!!!:D

 

Now For Round Two??? The Un - Enforcable Agreements!!! YE HA!!!

 

And to Think How ALL This Might Be Affected By The Dodgy Default Notice And Forthcoming Termination???:idea:

 

PS. I Don`t Normally Believe In Superstitious Stuff ( Except Anything to do With Albert Rosses, Of Course) lol, BUT There`s A `Money Spider` Just Crawling Across Our Kitchen Table??? WOW!!! Weird Stuff??? LOL:cool:

 

Cheers, MARK:lol::lol::lol:

Edited by mark1arby
Found My Sense of Humour Again
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We the 1arbys,Today received a letter from the Adjudicator at FOS assigned to our Complaint against Welscum finance for Mis Selling of PPI and Other Insurance.

 

I am pleased to let you know that following FOS involvement WFS have Agreed to make an offer to settle our Complaint!!! YE HA!!!

 

Welscum Will Be writing to Us to Explain the Precise Terms of it`s proposed settlement!!! YE HA!!!

 

We now have to sign the enclosed form and send to FOS, who will send it on to Welscum!!! YE HA!!!

 

The **** will then write to us with their Offer and Revised Loan Details. Once they have worked out the exact figures!!! YE HA!!! If we do not agree with these figures (Get Your Calculators At The Ready Folks) we must take it up with the **** Initially. If we are not happy with Or Unable to Resolve the matter with the **** FOS Will be Happy to Assist!!! YE HA!!!

 

FOS point out that due to the Number of Complaints Against Welscum Financial Services ( That Made Me Smile), there could be a Delay of up to 12 weeks in the Processing of Our Offer!!! PML

 

Fos also state The **** Will, `Put is in the Position We Would have been in had we Not Been Mis sold the PPI and Other Insurance` AND `Will Pay Us Interest at 8%` as well as Reworking the Two Loans!!! YE HA!!!

 

They go on to say We Consider it Appropriate for Welscum to Pay Additional Compensation for Any Distress and Inconvenience Caused by Rejecting the Complaint in the First Place. When They Should have Known the Complaint Would Be Upheld!!! YE HA!!!

 

The Silly B*GGERS Accepted Our Complaint in their Very First Reply!!! So How They Thought It Wouldn`t go this Far I haven`t A Clue???

 

I Think That About Covers That!!! AND Thank You ALL!!! YE HA!!!:D

 

Now For Round Two??? The Un - Enforcable Agreements!!! YE HA!!!

 

And to Think How ALL This Might Be Affected By The Dodgy Default Notice And Forthcoming Termination???:idea:

 

PS. I Don`t Normally Believe In Superstitious Stuff ( Except Anything to do With Albert Rosses, Of Course) lol, BUT There`s A `Money Spider` Just Crawling Across Our Kitchen Table??? WOW!!! Weird Stuff??? LOL:cool:

 

Cheers, MARK:lol::lol::lol:

 

 

Woooohoooooooo 1 - 0 to mr n mrs 1arby!!!!!!!!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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We the 1arbys,Today received a letter from the Adjudicator at FOS assigned to our Complaint against Welscum finance for Mis Selling of PPI and Other Insurance.

 

I am pleased to let you know that following FOS involvement WFS have Agreed to make an offer to settle our Complaint!!! YE HA!!!

 

Welscum Will Be writing to Us to Explain the Precise Terms of it`s proposed settlement!!! YE HA!!!

 

We now have to sign the enclosed form and send to FOS, who will send it on to Welscum!!! YE HA!!!

 

The **** will then write to us with their Offer and Revised Loan Details. Once they have worked out the exact figures!!! YE HA!!! If we do not agree with these figures (Get Your Calculators At The Ready Folks) we must take it up with the **** Initially. If we are not happy with Or Unable to Resolve the matter with the **** FOS Will be Happy to Assist!!! YE HA!!!

 

FOS point out that due to the Number of Complaints Against Welscum Financial Services ( That Made Me Smile), there could be a Delay of up to 12 weeks in the Processing of Our Offer!!! PML

 

Fos also state The **** Will, `Put is in the Position We Would have been in had we Not Been Mis sold the PPI and Other Insurance` AND `Will Pay Us Interest at 8%` as well as Reworking the Two Loans!!! YE HA!!!

 

They go on to say We Consider it Appropriate for Welscum to Pay Additional Compensation for Any Distress and Inconvenience Caused by Rejecting the Complaint in the First Place. When They Should have Known the Complaint Would Be Upheld!!! YE HA!!!

 

The Silly B*GGERS Accepted Our Complaint in their Very First Reply!!! So How They Thought It Wouldn`t go this Far I haven`t A Clue???

 

I Think That About Covers That!!! AND Thank You ALL!!! YE HA!!!:D

 

Now For Round Two??? The Un - Enforcable Agreements!!! YE HA!!!

 

And to Think How ALL This Might Be Affected By The Dodgy Default Notice And Forthcoming Termination???:idea:

 

PS. I Don`t Normally Believe In Superstitious Stuff ( Except Anything to do With Albert Rosses, Of Course) lol, BUT There`s A `Money Spider` Just Crawling Across Our Kitchen Table??? WOW!!! Weird Stuff??? LOL:cool:

 

Cheers, MARK:lol::lol::lol:

congratulations mark looks like you are on the way to beating them. Hope your offer is for all you are expecting and more.

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Get in Mark! That's the news we have needed on here!!! Well done :D

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Cheers Folks! We are Very Happy with This!!!:D

Seems we will carry on with the sitting and waiting until we have the Final Details of the Scums Offer, And you can bet that it will take At Least the 12 Weeks Before it is Sorted!!! lol;)

 

Cheers, MARK xxx

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I've now waited 7 weeks since I sent welscums ppi form back, do you think I should just return it to the FOS?

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Id be inclined to bebo!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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I've now waited 7 weeks since I sent welscums ppi form back, do you think I should just return it to the FOS?

 

Yes!!! Just Time Wasting!!! You`ve Played your part!!!:wink:

 

Cheers, MARK

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Hi guys, can I get something straight please?

 

DH received a DN, then a few weeks later received a TN. We sent a VT notice as we think we'd paid half After getting TN and DH made a small payment after TN.

 

What do we need to do if anything?

 

Do we write to WF saying we accept the TN? Do we do nothing?

 

Oh yes, and TN has "Without Prejudice" at the top so does this affect anything if we wanted to accept?

 

And what do we do about the car?

 

Any help appreciated.

Edited by kittiej
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Hi guys, can I get something straight please?

 

DH received a DN, then a few weeks later received a TN. We sent a VT notice as we think we'd paid half After getting TN and DH made a small payment after TN.

 

What do we need to do if anything?

 

Do we write to WF saying we accept the TN? Do we do nothing?

 

Oh yes, and TN has "Without Prejudice" at the top so does this affect anything if we wanted to accept?

 

And what do we do about the car?

 

Any help appreciated.

 

Sorry kittie! I`m not at all sure how sending a VT or paying a Small Amount after the Default and Termination would affect you!!!

 

How can a payment be accepted if the account is Terminated?

 

Let`s `Bump` this for Attention of `Better Minds` and see what they say? This puts yet another Angle on these DN`s and Terminations!!!

 

Will be Interesting to see what advice you get!!! ;-)

 

Cheers, MARK

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Hi guys, can I get something straight please?

 

DH received a DN, then a few weeks later received a TN. We sent a VT notice as we think we'd paid half After getting TN and DH made a small payment after TN.

 

What do we need to do if anything?

 

Do we write to WF saying we accept the TN? Do we do nothing?

 

Oh yes, and TN has "Without Prejudice" at the top so does this affect anything if we wanted to accept?

 

And what do we do about the car?

 

Any help appreciated.

 

without prejudice means a document cannot be used in court without the agreement of both parties.

Termination is termination without prejudice or not its ridic :rolleyes:

If they arent accepting VT and you want rid of the car then accept termination, making payments means u dont accept the agreement is terminated and are still bound by its terms.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Yes, it will.

 

I told DH not to pay a penny more to them due to the TN but after a home visit he panicked and paid them some money.

 

Personally I would take the TN. Do we have to write to them to say we accept? Or just leave it to WF?

 

What about the TN being "WP"? I thought that it can't be produced in court if it's got that on?

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Yes, it will.

 

I told DH not to pay a penny more to them due to the TN but after a home visit he panicked and paid them some money.

 

Personally I would take the TN. Do we have to write to them to say we accept? Or just leave it to WF?

 

What about the TN being "WP"? I thought that it can't be produced in court if it's got that on?

 

 

Wont hurt to accept their unlawful termination just in case you do have to go to court in future.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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