Welcome Finance/MKPD/MKRR/Raven Recoveries et al

[newdad]

Ok, another thread from me.....

 

. I have an old Welcome Finance debt (2007/08) which was sold to MKDP LLP back in March 2010.

 

I made a CA request which was ignored so put the account in dispute.

 

Since then I have been bombarded with letters/phone calls from the above debt collectors.

 

I've finally received a 'credit agreement' and some statements of account, and here is where it gets interesting...

 

Firstly,

the credit agreement does have my signature on it,

but all of the figures and text including the terms & conditions are blurred and totally illegible,

on that basis can I put the account in dispute stating that my s77/78 request has not been fulfilled?....

 

Secondly

the statement of account caught my eye, as it's an original statement from Welcome Finance,

and on it the last entry reads " date xx/xx/xx DEBT WRITTEN OFF.....BAL 0.00" with no mention on the statement of any sale of transfer of debt..

 

...I have found through my old paperwork the Notice of Assignment from Welcome stating that

 

"The effective owners of this account are MKDP LLP" and that this NOA is effective from date of receipt.

 

The interesting thing is that the NOA is dated a week after the debt was written off on the loan statement,

so have Welcome transferred this debt correctly?....

 

My initial view is that as the balance was written off and zero'd on an official loan statement a week before the binding date of the NOA

then MKDP bought an account with a balance of zero so the debt does not exist?.....

 

Once again, any thoughts and guidance would be very much appreciated

[unclebulgaria67]

Yes the CCA needs to be clear enough to read. How can you check the details were correct ? So I would take a copy and send it back to them, saying that the account is in dispute, as the s77/78 request has not been satsisfed with a readable copy of the CCA. Advise them that they can remedy the dispute, by proving a readable copy of the original CCA.

 

Your second point is not correct. All accounts would be put to zero, before they are transfered or sold off. They have not sold a zero balance account. When you send the dispute letter, you could ask for the last statement of account showing the actual balance outstanding before Welcome assigned/sold the account.

[dx100uk]

no thats std prectice before selling it on.

 

welcome have sold it for a reason

 

probably all manner of 'compulsory' insurances/PPI

 

and lets of unlawful PENALTY charges.

 

i'd SAR welcome and get reclaiming.

 

dx

[newdad]

Thanks for your advice, I'll send the 'In Dispute' letter off.....

 

I'm still not sure about my second point..

 

..A bit of research on the net has shown me that the binding date of the NOA is the important date,

i.e that's when the transfer of debt takes place legally.

 

If the previous dated entry on the loan statement stated that the debt balance is to be transferred and then written off the account then fair enough,

 

but in this case there is nothing on the loan statement to infer that the debt has or is about to be sold on/transferred,

 

so with the 'debt written off' entry (dated prior to the NOA) and a credit to zero

the account then surely there is a case to answer that the debt was sold with an outstanding balance of 0:00...

 

.I'm confused

Edited November 7, 2012 by newdad
tidying up

[newdad]

DX, just to add, I SAR'd Welcome in sept 2009 before the debt was sold on, and to my untrained eye, there are no PPI or penalty charges to reclaim, sadly

[dx100uk]

dont believe that!!

 

dx

[dx100uk]

Thanks for your advice, I'll send the 'In Dispute' letter off.....

 

I'm still not sure about my second point..

 

..A bit of research on the net has shown me that the binding date of the NOA is the important date,

i.e that's when the transfer of debt takes place legally.

 

If the previous dated entry on the loan statement stated that the debt balance is to be transferred and then written off the account then fair enough,

 

but in this case there is nothing on the loan statement to infer that the debt has or is about to be sold on/transferred,

 

so with the 'debt written off' entry (dated prior to the NOA) and a credit to zero

the account then surely there is a case to answer that the debt was sold with an outstanding balance of 0:00...

 

.I'm confused

 

nothing wrong with the NOA eetc

 

barking upi the wrong tree.

 

whwn was YOU last transaction & have you the agreement

 

dx

[dx100uk]

pdf them

 

can the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[newdad]

ok, files have been converted to pdf files as advised. Hopefully they'll work now

[dx100uk]

where are the rest of the statements?

 

 

dx

[newdad]

I've upload everything...

..I've noticed since posting this morning that 2 of my posted attachments have disappeared.

 

As I posted previously DX,

there have been no added charges on this account apart from one on the statement uploaded

(and the 'capitalization' charge, which I presume is the interest charge)..

 

...We seem to be going around in circles,

as the advice I need is whether or not the agreement is enforcable,

so with that in mind, can anyone give me an answer?...

 

cheers

 

 

a quick edit....I'm as blind as a bat!....you've combined the 3 attachments into one PDF....thanks!

 

Just to add, there's no PPI as I am/was self employed so I refused it

[dx100uk]

welcome have sold the debt for a reason.

 

you need to find it.

 

it not ppi

 

unless the other statements have charges its not that

so it must be a paperwork issue then.

 

however just because its a bit blurred [i can make figures out]

 

i cant see that being the selling reason.

 

was this the olny loan you had?

 

dx

[newdad]

no,

I had an original loan in 2007 and it was refinanced into the existing loan...

 

..I'll have a good dig about through my old paperwork as I'm sure I have all the neccessary paperwork.

 

I'll convert to pdf and upload when I've got it all together, probably tomorrow...cheers DX

 

 

ah hang on,

remembered something,

 

when Welcome defaulted me, it was a dodgy default (i.e not in proscribed format, no date for remedy of breach)

and when I SAR'd them, the copy of the default note in the SAR was not the same as the copy they had mailed to me previously (the dates were wrong for a start)..

 

...I'll dig out the SAR and other paperwork and sort out the relevant bits.

 

....is it best to post them on here or pm you?

[dx100uk]

aha!

 

there is your reason then.

 

refinanced, bet theold loans was suspect etc etc.

 

post stuff here not via pm

 

dx

[newdad]

righty o, will do....cheers

[carlbcfc]

Sorry to hijack. I had a loan with Welscum Finance which when I missed a payment once, to sort it out, they had me in their local branch, and seemed to refinance me into a new loan. I always felt something was not right about that, but was not in a position to argue. Anyway, I lost my job and defaulted in 2008. The default now says it is from MKPD in 2010.

 

 

I suspect the original loan was suspect? I once SAR'd them, and only received details of my 2nd loan, not the first as I had hoped. It seemed to have disappeared??

 

 

Anyway, I will get a thread up for my troubles, and will watch keenly for advice here.

[dx100uk]

Sorry to hijack. I had a loan with Welscum Finance which when I missed a payment once, to sort it out, they had me in their local branch, and seemed to refinance me into a new loan. I always felt something was not right about that, but was not in a position to argue. Anyway, I lost my job and defaulted in 2008. The default now says it is from MKPD in 2010.

 

 

I suspect the original loan was suspect? I once SAR'd them, and only received details of my 2nd loan, not the first as I had hoped. It seemed to have disappeared??

 

 

Anyway, I will get a thread up for my troubles, and will watch keenly for advice here.

 

hope not

 

else they've got you too...

 

sure the default is not an update?

 

dx