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MKDP chasing old Welcome finance debt - SB'd?


Martynandemma
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default dates and last payment dates please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok,

 

Date of default on credit file is june 2009 for both

 

agreement 1 opened 31/8/07

may 2009 defaulted bal 8898 on CRA call credit .

Marked as DA mar 2010 defaulted 6/2009

equifax defaulted 6/2009 and settled

 

agreement 2 equifax only opened 31/8/2007 default balance

 

8898 defaulted 2009

 

 

Default notices

1hand written dated 03/12/2008 section 87 default marked without prejudice warning to clear arrears no later than 5/12/2008 full arrears 493.98

 

1 section 87 letter & 1 section 87 (1) dn both dated 3/6/2009 letter signed dn not signed

1 copy of above letter and dn dated 09/07/2009

 

Last payment sent was 27/4/2009 I think

 

I sent them a ppi claim letter which they responded to in 12/2009

 

I'll start copying the documents, in the mean time is there anything else you need to know?

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I'm having problems uploading the docs as the camera phone doesnt get a good enough picture, I may have to wait until a week on Monday then I can get to the library. For now all I need to know is if I can claim the PPI back and what letter I should send.

 

Many thanks

 

Martyn

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for each

 

you need to do an FOS CQ

a spreadsheet

 

and a covering letter.

 

This first spreadsheet is the latest version of the statutory interestlink3.gif calculator and is used for Single Premium PPIlink3.gif cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans. It can also be used for S69 redress calculation on any sum, like on a closed/frozen interest PENALTY charges claim.

 

StatIntSheet v101.xls

 

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

 

Dear Sir or Madam,

Re:

 

I am writing in relation to the above payment protection (PPI) policy which i believe was mis-sold to me in relation to my

I believe you have not treated me fairly for the following reasons;

· The PPI was added without my knowledge..

· You have been punished by the Financial Services Authority for failing to treat customers fairly and I do not believe that the PPI I bought was sold in my best interest.

Unless you can prove that the policy was fair and reasonable and that I was treated fairly when I was sold the insurance, I demand a full refund of all premiums, and subsequent interest on these payments, that I have paid in relation to this policy. I also expect 8% interest to be added to each payment I have made as this is the statutory amount a court would pay.

I look forward to your full and prompt response to this letter. If this matter is not settled within eight weeks of this letter I shall be contacting the Financial Ombudsman to investigate my complaint.

This letter is in respect of the above account that was issued by

Yours faithfully

or

The Complaints Department

[Lender’s address]

[Date]

Dear Sir/Madam,

Ref – policy number

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is …] The total amount of my premiums plus interest is £ xxxx.

When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy.

Possible additional paragraphs – include any which apply to you

[i also told your salesperson that I had adequate insurance cover through a separate income protection policy.]

 

[i said I did not need the PPI as my employer provides a generous illness and redundancy package.]

[You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the quoted interest rate, which you did not do.]

[in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.]

I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it.

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

Yours faithfully,

 

............

 

if you have PPI i bet you've got PENALTY charges too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx100uk, yes I did have penalty charges on all 3 hp accounts, I cant claim off of the first one as that was more than 6 years ago but I have listed all charges from £5 - £25 on the other 2 and they come to about £300-£400

 

so I should probably draw up an LBA for that as well. Once I have these letters written should I send them to both welcome and MKRR or just to welcome.

 

As for dealing with MKRR, should I send them a letter explaining the dodgy DN and offer them the arrears as final payment of the loan or should I tell them that I am in dispute with welcome and once welcome accept that they owe me for PPI, unlawful penalty charges and interest that only then wil I pay the arrears as full and final settlement of the debt.

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correct

 

now there is rollover of PPI from one loan to the next is there not?

 

so have you calculated that correctly

 

we need to atleast see the spready before you post it off.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the only rollover of ppi is the refinancing of the remaining balance, I had a refund of what was left on the original loan, this is where it gets complicated I have to look at the amounts to work out what was carried over. I opted out of ppi for the 2nd and 3rd loans as by then I was wise to the ppi being worthless. Shame really, I wish I had tried to get it refunded back then.

 

I'll have to bring the docs into work with me tomorrow and try to figure out the sums.

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  • 2 years later...

Been off this site for a while, I thought I'd seen the last of the boys from MKRR but they lucked out and found me.

 

After a conversation with them I said I'd send a copy of the original default notice from welcome which proves the debt is statute barred.

 

Before I do can I just check that the debt is statute barred if they defaulted me in december 2008

 

I made a payment in april 2009 though all be it a small token payment.

 

So is it 6 years from when i made a payment or 6 years from original default (they issued a subsequent default notice in june 2009) both defaults were served without prejudice and incorrectly written.

 

Does it matter if I have talked to them about the debt if I wait until april or june to provide them with the proof.

 

Any advice would be great as this is the only debt company I have left to deal with

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I just read your Conc rules on statude barred debts.

 

As MKRR have been trying to trace me for the last few years at different properties, does it mean that they are entitled to continue chasing the debt.

 

I won't go into the history of this as there is a long posting somewhere on CAG that explains it. To cut a long story short, as they issued a dodgy Default notice they could only claim the arrears anyway and if they did I could counter sue for the PPI

 

I'm not interested in getting money off of welcome I just want to shut MKRR up once and for all and I don't know what my best response to them should be

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Doesn't matter how they've been tracing you. It goes from the last time a payment was made and written acknowledgement to the debt.

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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Hi

As you made the payment in April 2009 this reset the SB clock so it will once again be SB next month. I would ignore them for now however, they have the small window of opportunity to file at court which stops the SB clock.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Yep. If 6 years have passed or 5 in Scotland. Also, never believe what they say. They could issue a claim anyway to blindside you.

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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Could anyone suggest how best to word the letter / e-mail I'll be sending them. Their own statements prove the date a payment was made but think I might just check with my bank if the record is genuine though it was 6 years ago!

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pers I'd not send them anything

 

 

save the SB for when/IF they ever issue a claimform.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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for the complete history

I've merged your existing welcome thread wit this new one

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

They issued a default notice in 2008 which was the cause of action. At that point you could have waited out the 6 years and claimed SB.

 

However, you made a payment in 2009, irrespective of how small, which reset the SB clock. You advise that there was something wrong with the Default notice, which means they could probably have issued another one after the 2009 payment.

 

Why did you make this payment and then cease again ?

 

So, IMHO, you would need to add on at least 2 months after that 2009 payment before you could attempt to use the Statute Barred scenario.

 

Have you checked your credit file ? Is it still showing the Default date as 2008 ?

 

If the company contacts you again, I guess you could make a further CCA request ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, it would appear a 2nd Default Notice was issued in 2009 so it would be 6 years from the remedy date they said you needed to make payment by.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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just one point I've nothing whilst reading your threads

 

 

STAY OFF THE PHONE!!

 

 

never ever ever phone a fleecing DCA

 

 

they are NOT BAILIFFS

 

 

and have

NO SUCH LEGAL POWERS.

 

 

until/unless they issue a claimform

 

 

you ignore them.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Agree with DX. Don't do anything unless they start a claim. I'd say they have a few months yet so don't alert them by making contact!!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I haven't contacted them, they got lucky and called my mobile,

 

 

I told the guy I spoke to that it really wasn't worth pursuing due to the numerous rules broken,

statute barred debt (I thought it was statute barred as couldn't recall the exact date of the last payment),

PPI unclaimed and the penalty charges added.

Don't think I could claim those back though as its been over 6 years since the last charge was added.

 

The second set of default notices sent are dated June 2009 so even if they try to say its 6 years from the default then that won't matter.

 

In answer to the above question,

 

 

I made a payment in march and a few before then because I was duped into thinking it would help in the long term,

plus I was splitting up with my wife at the time.

 

 

Their statement has me making a payment in april but they must have done it automatically because it was returned unpaid.

 

 

So technically they never received a payment in April but I wont quibble over 1 month!

 

If I don't contact them between now and june

will that mean they are unable to enforce the debt due to it being over 6 years since I last paid them anything towards the original debt?

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writing only put the phone down

 

 

they will not be the least interested in anything PPI/charges.

 

 

but yes they would be very useful in respect of mediation if they were to issue

 

 

wouldn't hurt the knock the spreadsheets up now.

 

 

esp the PPI

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If I don't contact them between now and june

will that mean they are unable to enforce the debt due to it being over 6 years since I last paid them anything towards the original debt?

 

I won't be contacting them but can you please confirm the above

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quite probably

I'd go by the credit file default date

say + 1 month

 

 

though there have been successes under an SB defence that its last payment + 1 month

 

 

you also need to bear-in-mind the incorrect PPI reclaim total

and the fact that these were probably welcome staff signed refinances I net.

 

 

you've more than enough to defend any claim

stop worrying.

 

 

and stay off that phone on all debts!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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