Welcome upping their game with dca collection

[Ell-enn]

When the insurance crap was cancelled

 

did he sign a new agreement or to modify the agreement

 

if not

 

thats your answer

 

I believe it was a new agreement, but I'll check with him.

[postggj]

if the dn`s some of us received a little while ago are faulty dn`s then dosen`t the fact that they have passed this to incasso mean that the agreement is terminated? As per the first 4 paragraphs of this thread? http://www.consumeractiongroup.co.uk/forum/showthread.php?193018-cupcake68-vs-amex&p=2166205&viewfull=1#post2166205 if this is so how do we exploit this latest move to our benifit, if we can?

 

Cheers mark

 

is the dca collecting on behalf or by absolute assignment

[mark1arby]

is the dca collecting on behalf or by absolute assignment

 

Instructed by client. Haven`t received a Notice of Assignment. Incasso LLP are apparently solicitors not strictly a DCA. All correspondence/ contact or Payments are to be made to them, not the client, within 7 days or immediate contact made with their office. Failure to do the above MAY result in legal proceedings being issued........

 

Cheers Mark

[BEBOBEBO]

We are in for the fight! , We have had 2 letters from Incasso dated 2 days apart asking for different amounts.

 

Incasso seem very clued up and get posession orders for fun, So only post up advice if you are 100% sure of the information you are giving.

 

Lets bring it on!!!!

[postggj]

If they bring a claim

 

we defend

 

after all

 

most of us are clued up on the short commings of welcome and there addministration

 

simples

[mark1arby]

How does the fact that we are still having these agreements looked at by FOS drive things?

 

Cheers Mark

[mark1arby]

How does the fact that we are still having these agreements looked at by FOS drive things?

 

Cheers Mark

[postggj]

how does the fact that we are still having these agreements looked at by fos drive things?

 

Cheers mark

 

 

well whoever is demanding payment need to be informed that the fos is dealing with it and the account needs to be sent back to welcome

also

 

the fos needs a letter of complaint about welcome farming out the account for collection while the fos is dealing with the dispute

[mark1arby]

Thank you V much post.

 

Cheers Mark

[BEBOBEBO]

well whoever is demanding payment need to be informed that the fos is dealing with it and the account needs to be sent back to welcome

also

 

the fos needs a letter of complaint about welcome farming out the account for collection while the fos is dealing with the dispute

 

Hi Post, Could you tell me reasoning behind this ?? I think we all should be quite clear now that "Account in Dispute" means nothing with Welcome Finance because they are not subscribed to the Bankers Code. Whilst accounts are with the FOS they are free to collect by any means they can.

 

The reason why my Account is at this Stage is because I was told a load of nonsense about "Accounts in Dispute" (and other rubbish) at the start of my case and I never paid, Yes its my fault I should have checked up on it but I didnt. Lesson learned.

 

Hence my pervious post where I said "So only post up advice if you are 100% sure of the information you are giving", Sorry if I sound "Serious" but I would like to keep my House.

 

 

My Thread http://www.consumeractiongroup.co.uk/forum/showthread.php?243520-Welcome-Finance-Secured-Loan-Nightmare(1-Viewing)-nbsp

[brassed-off-2]

Instructed by client. Haven`t received a Notice of Assignment. Incasso LLP are apparently solicitors not strictly a DCA. All correspondence/ contact or Payments are to be made to them, not the client, within 7 days or immediate contact made with their office. Failure to do the above MAY result in legal proceedings being issued........

 

Cheers Mark

 

Yep. EXPERTO CREDITE have been instructed by wfs to recover the outstanding balance on the account....

after checking out their website they state they either purchase debt, customer collections or outsource solutions..either way, they are tryingto recoup what they can, to maximise wfs cashflow due to the restructuring talks that are still goinig on.

[brassed-off-2]

How does the fact that we are still having these agreements looked at by FOS drive things?

 

Cheers Mark

 

given that my 1st charge has a suspended reposession on our property and we have a case with the fos regarding the scandalous charges and not treating us fairly etc, then as i see it, if the 1st charge decide to drag us back to court for not maintaining the agreement, the judge should be telling them to go away and come back when the fos have investigated the arrears charges etc.. so whilst it is under investigation with the fos.

 

The fact remains, are welscum in a position financially or otherwise to take us to court to repossess, when they are up against spml/capstone as 1st charge and negative equity and the likes that the shower of greedy pocket liners caused in the 1st place??? Just how far are they willing to go??

[Mellyanne]

hi there, I am in the same boat as you all.I have never received a CCA of any kind from Welcome and now have Irwin Mitchell solicitors sending me the same letters as you. Reading edwi69's thread : account in dispute with welcome ,what Ibys posted seems to make sense to me . He posted up a letter we should write to these dca's in response (#415)

Does anyone agree or disagree with that letter? thoughts please.Many thanks

[postggj]

The courts expect that any dispute by the debtor be delt with by the fos before it goes to court.

 

That is why a creditor needs to give a full and final response with the option of going up and contact details of the fos

 

in other words a valid complaints proceedure

 

its a condition of there consumer credit licence and if this has not been followed a strike out of a court claim can be requested for lack of

 

pre action protocol

 

i can confirm this as a judge told me himself in court

[mark1arby]

Hi Post, Could you tell me reasoning behind this ?? I think we all should be quite clear now that "Account in Dispute" means nothing with Welcome Finance because they are not subscribed to the Bankers Code. Whilst accounts are with the FOS they are free to collect by any means they can.

 

It is the Consumer Credit Act 1974 that allows you to put accounts in dispute! The Banking Code is now the Lending Code. I don`t know if anything has actually changed within the code itself. What does this code have to do with the ****?

 

The reason why my Account is at this Stage is because I was told a load of nonsense about "Accounts in Dispute" (and other rubbish) at the start of my case and I never paid, Yes its my fault I should have checked up on it but I didnt. Lesson learned.

 

At the time we started our complaints it was allowed to stop paying until any dispute was sorted out. While in dispute they couldn`t pass it on to a third party or CRA. They couldn`t pursue any kind of enforcement at all. That all changed with the outcome of the `Manchester Test Cases`. The fact we stopped paying seems to have been something our Adjudicator at FOS couldn`t get his head around, but at the time that was allowed.

 

Hence my pervious post where I said "So only post up advice if you are 100% sure of the information you are giving", Sorry if I sound "Serious" but I would like to keep my House.

 

This needs to be approached from a clear headed perspective. We are all under pressure and stand to may be lose our houses. We will have everybody who counts on board V soon and the advice I am sure will, as per usual, be succinct and helpful. No one would deliberately put any of us in the wrong direction. We can only do things at the moment to slow them down and gain ourselves breathing space, and time to collate any response. We have comfort in numbers here. Shame it is that way but that is how it is. In those numbers will be a way to sort this I am sure. And ultimately WE can defend.

 

My Thread http://www.consumeractiongroup.co.uk/forum/showthread.php?243520-Welcome-Finance-Secured-Loan-Nightmare(1-Viewing)-nbsp

 

Cheers Mark

Edited October 31, 2010 by mark1arby
incorrect posting

[brassed-off-2]

So, is it lewis group cant cope with the workload, and by getting outside help, are they trying to speed up the process, or have incasso and EX got more experience?

stumbled upon the following article.

 

http://www.debtmanagementtoday.co.uk/newsstory?id=994&type=newsfeature&title=troubled_subprime_lender_2_8bn_in_debt_prepares_restructuring_deal

[mark1arby]

The courts expect that any dispute by the debtor be delt with by the fos before it goes to court.

 

That is why a creditor needs to give a full and final response with the option of going up and contact details of the fos

 

in other words a valid complaints proceedure

 

its a condition of there consumer credit licence and if this has not been followed a strike out of a court claim can be requested for lack of

 

Do you think then, that if the **** have not allowed the Full process at FOS to be completed ( Adjudicator first then Ombudsman, if not in agreement with Adjudicator), before commencing some kind of enforcement by passing things on to a Solicitor or DCA, either fully selling it or even just having them act as agents, does this not mean the agreement has been terminated, especially on the back of a `Dodgy Default Notice`?

 

Have they `*rapped on their own pillow`?

 

Cheers Mark

[brassed-off-2]

its certainly worth looking into further mark.

[Sand-Dancer0191]

while account is in dispute NO action should be taken...and the account should not be passed to a third party.(FSA &OFT RULES)

If they are demanding full payment then they have terminated the agreement.

The main point to work on is when these agreements were signed and dated.SO are we looking at the CCA1974 or the ammended version.....

[mark1arby]

while account is in dispute NO action should be taken...and the account should not be passed to a third party.(FSA &OFT RULES)

 

As this not changed due to the Judges ruling in the `Manchester Test Cases`? I believe that all of that about not being passed to a third party, nothing can be registered with CRA, and accounts being suspended etc while in dispute now says all of that can be done but must not be seen as enforcement (I Know???)

ie: Can not be taken to court.

 

If they are demanding full payment then they have terminated the agreement.

The main point to work on is when these agreements were signed and dated.SO are we looking at the CCA1974 or the ammended version.....

 

The first of our agreements in question was March 2007 and the new one was March 2008.

 

Cheers MARK

[mark1arby]

This new lay out is not that easy to get used to!!! Hopefully my last post makes some sense. LOL

[brassed-off-2]

The first of our agreements in question was March 2007 and the new one was March 2008.

 

Cheers MARK

 

 

Ours were signed, on premises, 2004,2005,2006 & 2007. The final one signed 2008, via post, no face to face contact whatsoever!

[roxy2010]

Can anyone please help we were repossessed by Capstone in August of this year to make the mortgage to a 100% one we had to get a secured loan with Welcome. Our house has been sold for £66,000 which is £26,500 less than what we paid for it. We have now been contacted by Irwin Mitchell solicitors who they say are acting for Welcome and we owe them £23,000 and are saying that we have to start paying the contractual payment again and if we dont they will take us to court and baillifs will come round. If we start paying this again we will be in the same boat again as no doubt when Capstone sell the house they will be on our case demanding us to pay them as well this is why we were repossessed because of the high payments we just cant afford it we are so fed up it just seems never ending.

[mark1arby]

Roxy you need to start a thread of your own about this. I see you are trying to get help on the Capstone thread and elsewhere. Putting your problem on another thread may mean it will not be seen by the people on the know.

 

This does seem like one that needs specific help. My advice is to start your own thread in the Legalities Section as this is already been through court and further. If that is not the right pkace someone from the site team will move it to where it should be for the best help available. And you can go no where better than CAG for the help you need at this time.

 

Good luck and best wishes

 

Cheers Mark

[brassed-off-2]

Well the phone calls have started, OH advised not speaking to them, everything in writing only, and they will be in receipt of a letter from us!!

 

The threat monkey told other half he had to speak to him, OH replied in no uncertain terms, no i dont have to do anything you say...hence to say threat monkey hung up!!