Mackenzie Hall - Welcome Finance

[mrjoolz]

Hi all,

 

I received a letter from MH about my loan with Welcome Finance this morning saying they want to send out a representative to my home address as I have not been in touch with them regarding my loan with Welscum.

 

I applied for SAR and CCA documentation, back in November 2009 and to date still have not received complete documentation. I did receive a copy of a so called agreement for the loan I took out in 2007, however someone on here looked at it and informed me that the agreement form they had sent me saying it was the correct one, was a 2004 agreement, so therefore it was probably completed and emailed to me to palm off as the original copied.

 

Where do I stand if I have still not had my SAR/CCA and now they are chasing me ?

 

Any help would be appreciated.

 

Many thanks

 

Mr Joolz

[Crocdoc]

Meritforce is the name of the so called doorstep collectors for MH. However I have never known them to turn up and even if they did you are quite at liberty to tell them to get lost. It would appears from your post that they did not provide the relevant detail requested in your SAR, this is a point that you could debate with them. furthermore, if they sent you an agreement dated 2004, I would simply tell them that you never entered into an agreement during that period, I would not elaborate further.

 

Remember it is up to them to prove that a debt exists and not up to you to prove otherwise.

[mrjoolz]

thanks for the advice. Is there a time limit on requesting said information, and if its not actioned within certain time limit, this would go in my favour when taken to court. I am wondering if I should take them to court for harrassing me about a loan they have failed to prove to me still exists.

[MrZ]

thanks for the advice. Is there a time limit on requesting said information, and if its not actioned within certain time limit, this would go in my favour when taken to court. I am wondering if I should take them to court for harrassing me about a loan they have failed to prove to me still exists.

 

When you send a SAR they have 40 days to comply. If they fail to comply you could ask the court to order them to comply, you can also ask damages from the court. Being that it has been a bit of time you may wish to SAR them again. If they again send you the old agreement minus the recent one, this may be a good indicator that they do not have your recent agreement. If that be the case your options change a bit. As advised earlier, you are not obligated to tell them where they went wrong. The more info you have the better for you.

[crocodiles]

What happens when you don't need a SAR?

I have all of my documents.

[MrZ]

An SAR is good for things they dont normally give you, such as underwriting sheets, transcripts of conversations, sharing your data, etc. Its also good for using to show that when they say/do one thing it may not be exactly truthful. You dont NEED the SAR but sometimes it proves useful.

 

I suspect you have enough to go to a solicitor who would then send another DSAR if they felt it was needed. Note I said solicitor and not a claims management company, there is a big difference and reasons for why using a solicitor is appropriate in your case. I would never recommend a claims management company. They will only do basic claims, and you can do everything they would do yourself.

[crocodiles]

Thanks Mr Z,

 

I'll get back to my own thread now, lol.

Edited June 7, 2011 by crocodiles
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