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    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You can mention in the “Reasons” box that you returned the request for driver’s details as required. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.
    • Probably very expensive to replace what car and model who is your finance with ?   Andy
    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Late Payment Markers - more than a dozen '6's


DBY
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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 :-)

 

Well, for what it's worth, my suggestion would be to give them another week (21 days ought to be enough for an initial reply). If you have not heard anything by then send them a copy of the letter, with a covering letter stating that you have not had a response, that you know it was received by them (give the Royal Mail Tracking number), and that you wish them to consider it as a "FORMAL COMPLAINT".

 

Send it to:

Compliance Department

Welcome Financial Services Limited

Mere Way

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

(How sad am I, I've just done that address from memory? Someone please correct me if I've got it wrong!)

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Just been reading the technical guidance notes again and found this VERY interesting:

 

'Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file.'

 

I'm now wondering if this is why the default never occured. I doubt WF have any of the original paper work to my agreement??? I CCA'd them a year ago and never got a reply.....mmm the plot thickens!!

 

:-)

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As WF only exists (virtually in adminstration) to collect oustanding and very

often extremely old book debts, it's useful to them to have ''live'' accounts

to chase up, it amounts to using the CRAs as a filing system.

 

Many companies in this situation have similar situations.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Does someone physically update this markers on the CRA or do you think its done automatically?

 

What do WF have to gain by having these old accounts open or do you think it's done out of spite? And also my debt has not been chased for 6+ years.. seems strange.

 

:?:

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I have the same problem with WF. My last payment was 01/09 and its all 6's until last week when it went to an 8 and now its defaulted. When surely this should have been done back in 2009. I have read all posts here and think I will send them the letter above. I can't have this on file for another 5 years.

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That seems to be typical of WF and totally unfair, it seems as if WF want to bring as much misery for as long as possible!!

 

Yes definately complain as Brigidier says the more people complain about this the more chance we have of winning!!! Go for it and send to the Nottingham address to The Compliance Officer.

 

Good luck, and let us know the outcome.

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Yes get complaining I have sent 11 complaints in 2 weeks and copied them to the regulators.

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!

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  • 2 months later...

SUCCESS!!!!!!

 

Hi everyone,

 

Thought you would like an update!

 

After complaining to the ICO it appears it has worked! I checked my credit file today and Welcome Finance have updated it where as it was showing 6 6 6 6 6 6 6 6 6 for the last 6 years!! It is now showing 0 0 0 0 0 0 0 0 0 0 for the last 6 years and is green!!!! The debt is also statute barred.

 

My credit score has gone from 320 to the dizzy heights of 750!!! Not amazing but a good start!!

 

I should recieve a letter from the ICO soon to explain what was done. They wrote to me a few weeks ago to say that I had a case and they were dealing with it.

 

My advice if anyone is having this problem then please complain to the ICO, it worked for me and this issue has been going on for 6 and half years.

 

Thanks for all the advice guys I am one happy person today!!!! :-D

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That's good to hear NN1. I must chase Welcome again for my own report. Currently they've had more than the 8 weeks that I know I must leave before going to FOS, but the reporting issue was wrapped up in one complaint that included other matters.

 

Interesting to note that you went to ICO rather than FOS. I suppose that makes sense since you were quoting the ICO Technical Guidance at them!

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Data errors on cra files is a matter for the ICO, to use FOS one must exhaust all other avenues to resolve a problem.

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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