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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
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    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Late Payment Markers - more than a dozen '6's


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IS this right? Can a CRA continuously report, month after month, a red 6 ? For example -can they put on 15 red 6's before an 8?

 

Hi, i'm having the same problem with this too. This has been happening to me for the last 6 1/2 years from welcome finance.

 

I can't get any answers from anyone and have even got Experian to speak with Welcome Finance who are reporting this. Still no luck every month shows a big fat 6!!! :-x

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Hi, i'm having the same problem with this too. This has been happening to me for the last 6 1/2 years from welcome finance.

 

I can't get any answers from anyone and have even got Experian to speak with Welcome Finance who are reporting this. Still no luck every month shows a big fat 6!!! :-x

 

Is the account still open?

when did you make the last payment?

have you acknowledged any debt to them?

 

whats the story - mine has been resolved.

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I took out a HP agreement in july 2005 I wasn't happy with the car (all from Welcome Fianance) and refused to pay them and told them to collect the car. The car literally fell apart after 2 months!

 

They collected the car and I moved heard nothing from them. Its still showing on my credit report that i Owe Them 6k plus they clearly never took any money off for taking the car back.

 

I have sent them a CCA with no reply that was over a year ago. Last time I paid any money to them was November 2005 as it's on my bank statement.

 

So i'm basically stuffed, I want to get a mortgage but they are still showing 6 tags on my credit report. for the past 6 YEARS!!!! This is with Experian, nothing on callcredit and i'm waiting for Equifax to send me thiers.

 

I have got some info togther to send the the ICO hopefully they can help?? I'm getting desperate now feel like this is gonna go on forever!!!

 

How did you get your resolved???

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I know how you feel.

 

Id do 4 things.

 

1. Check your credit report for a CCJ

2. Send Welcome and SB letter

3. Send Welcome an SAR to find out whats been going on

4. Send them a nice letter; something like this perhaps.

 

Dear sir/madam

 

Account ref xxxxxxxxxx

date xxxxxx

 

Dear sir, madam,

 

I have recently checked my CRF and have been shocked to discover WF are still updating a very old account with late payment markers.

I have attached a copy of my CRF for your reference clearly showing what has been reported for the last 'x' years, bearing in mind the last payment

was made in November of 2005. I deem this as being unfair as this does not accurately reflect the true status of this account.

 

furthermore your continous reporting of inaccurate data against me breaches the principles as set out in the data protection act 1988 in addition

to breaching the ICO's guidance on dealing with deliquent accounts, as set out in the 'data protection technical guidance notes on filing of defaults with credit reference agencies'. The account should have been defaulted within 6 months, latest by end May 2006. If WF had followed these guidelines, then this record would have been completely removed from my CRF in May of 2012.

 

You must be aware that continuously reporting such inaccurate data on my CRF is having a severe negative impact on my credit status and as such I can only but conclude that WF actions are designed to be vexatious in the least.

 

I therefore require you to urgently remove this entry from my credit file and confirm the same in writing.

 

 

I baslcially threw as much as I possibly could at them. CPUTR2008, ICO guidance and DPA 1988. theres no way really they could have go out of it.

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Hi,

 

Thought I would let you know the latest. ....

 

I recieved my Equifax report to day and there is no sign of welcome finance on there which is good news also not on Call credit so it appears the only one still reporting on is Experian???

 

Any ideas why this could be? TBH I havn't checked my experian for a few months now so will do that shortly possibly could have dropped off though think unlikely!! Also no CCJ at all on any of them from anyone!

 

Thanks in advance

 

:oops::oops::oops:

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When was the last time you made payment towards the debt or acknowledged it in any form in writing?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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WF exists only to collect book debts,and does no more

new business,so I guess 1 CRA is enough.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Were Wf notified formally that the debt was SB?

 

Reading back this is confusing was the WF account ever

defaulted???

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Were Wf notified formally that the debt was SB?

 

Reading back this is confusing was the WF account ever

defaulted???

 

 

Hi,

 

The lasy payment made on the account was november 2005, and no it was never defaulted, it appears on my credit report with experian as 6, 6, 6 literally for the last 6 years +.

 

Yes very confusing have no idea why welcome never defaulted the account?? Any ideas would be muchly appreciated!!

 

:smile:

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Hi,

 

The lasy payment made on the account was november 2005, and no it was never defaulted, it appears on my credit report with experian as 6, 6, 6 literally for the last 6 years +.

 

Yes very confusing have no idea why welcome never defaulted the account?? Any ideas would be muchly appreciated!!

 

:smile:

 

There seems to be a lot of fairly old WF accounts coming to light

at present more of the than usual have not been defaulted by WF

or DCAs, it may be that there is some reason for this relating to the

the fact that Welcome only exists to collect the outstanding debts,

so my guess is that accounts were not defaulted so they remain on

credit, WFs paperwork and record keeping has always been dreadful

and I think they have used the CRAs as afiling system.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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For reference the ICO Data Protection Technical Guidance on Filing defaults with credit reference agencies is here: http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

In that document it is stated "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default."

I have successfully used the Guidance to get one of my creditors to record a default with the CRAs properly, and am in the process of going through the complaint process with two others.

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For reference the ICO Data Protection Technical Guidance on Filing defaults with credit reference agencies is here: http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

In that document it is stated "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default."

 

I have successfully used the Guidance to get one of my creditors to record a default with the CRAs properly, and am in the process of going through the complaint process with two others.

 

 

Hi,

 

I've just been reading that document. I have gathered all the info and I am sending the letters off today. Hopefully with some resolution I will let eveyone know how I get on shortly.

 

Many Thanks

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  • 2 weeks later...

Hi,

 

Thought I would give you an update...

 

It has been 2 weeks and Welcome Finance have not replied, nothing at all. I sent the letter Special Next Day delivery and have tracked it so I know they definately recieved it.

 

So I have gathered all the information together and sent a complaint to the ICO. Hopefully they can get Welcome to get this removed from my file and I can have a normal life again.

 

Do you think they can make this happen? Fingers & toes crossed!!!!

 

:|:|

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Much will depend on the adjudicator,and how your complaint was set ut.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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It has been 2 weeks and Welcome Finance have not replied, nothing at all. I sent the letter Special Next Day delivery and have tracked it so I know they definately recieved it.

 

Did you head the letter FORMAL COMPLAINT? Did you send it to the Compliance Department in Nottingham?

 

Two weeks would be about the timeframe I would expect of them to respond to a Formal Complaint acknowledging receipt and enclosing a copy of their complaints procedure. This would have an anticipation of providing you with a final response up to 8 weeks from receipt. You really do need to give them a little more time.

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They have up to 8 weeks to reply to a formal complaint. There are a few companies that actively wait a good few weeks before sending out replies, hoping that you will agree to drag it out longer, and not realise that they only have 8 weeks to reply, regardless of what is happening.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Oh ok I didn't realise that, I will give them a while longer. No didn't write Formal Complaint anywhere. Hopefully when and if they reply I can go from there and actually see what the score is.

 

See as I havn't spoken to them for nearly 7 years i'm not too hopeful of them replying anyway tbh. But I live in hope!!!

 

Thanks for the advice :-)

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Did you mention the ICO Technical Guidance on Default Entries,

which states that defaults must be placed timely usually within 6

months of the cause of action, and that late paynent markers should

NOT be used instead of a default.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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