MKDP chasing old Welcome finance debt - SB'd?

[Martynandemma]

Hi again,

 

My little story with welcome continues & I feel its time to get shot of this once & for all.

 

MKRR have sent a notice of assignment for the amount of £9090

 

but welcome sent there usual iffy default notice & my credit file is marked debt assigned no amount of money is listed just the word satisfied

 

I would like someone to give me an idea of what letter to send & to who

 

I have posted several times in the past about this but never really got a definative answer so if anyone could give me an idea of what to put I will be really grateful

 

many thanks

 

Martyn

[postggj]

Gday all

 

i see welcome have now ditched lewis and clueless and using this lot

 

your credit file would be marked as assigned and closed when mkrr took it over

 

may i ask what you are asking

[Martynandemma]

thanks post,

 

I want to make this thing go away. I am prepared to leave the default on my credit file as according to your posts to me earlier this year the only money that welcome could claim would be arrears.

 

What I want to know is what to say to MKRR as I know that like most DCA's sooner or later they will start trying to get money out of me.

[postggj]

Dont quote me but if i was in your position i would ignor mkrr

 

if theY take you to court, use the default notice, pay the arrears off up to the date of the default ntice, then no ccj if paid with in 28 days of judgement

 

so

 

start saving

 

but thats me

[Martynandemma]

so MKRR can't demand the rest then.

 

To confirm as I have been known to missunderstand these things!!

because welcome issued a DN asking for arrears & balance outstanding, the act of issuing the DN means that the account was closed thereby voiding the contract (credit agreement) so the remaining balance is wiped out.

 

If thats true does that mean that any time you dont keep up payments on a loan & you r defaulted that you are only liable for the arrears. Or is it the wording in the DN that is the reason they can only claim the arrears.

 

hope that made sense I am just trying to understand how CCJ's etc work

 

thanks again

[postggj]

ILL TRY AND EXPLAIN

 

FOR A CREDITOR TO START LEGAL ACTION , THEY HAVE TO GIVE A DEFAULT NOTICE AND ALLOW 14 DAYS TO RECTIFY THE DEFAULT. THIS NOTICE NEEDS TO BE LAID OUT A CERTAIN WAY TO BE VALID. WHERE WELCOME SCREEW UP IS THEY SAY 14 DAYS INSTEAD OF PUTTING IN A NUMERICAL DATE.

IT THEN BECOMES UNLAWFULL RECESSION OF CONTRACT AS THEY HAVE TERMINATED THE AGREEMENT AFTER 14 DAYS SO ALL THAT IS LEFT WILL BE AY ARREARS UP TO THE DATE ON THE DEFAULT NOTICE

 

 

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

[Martynandemma]

RIGHT!!! got it now

 

so MBNA (another of my favourite companies!!) have put a date on theirs which gives the 14days to rectify the breach. They have done theirs correctly it seems (damn!!) which means I would be liable for the full balance of what is owed. On a different subject MBNA have sold my debt to AIC who have sent me a nice little yellow card threatening all sorts of action. So its "prove it" letter & reporting them for a breach of FSA rules.

 

Thanks for explaining that for me Post

[postggj]

My pleasure where welcome is concerned

[funnydebt]

dont worry to much as the people at mkrr mkdp will not take you to court and also will not put charges and intrest in to the debt as they have no power to do so it is just a threat and it wont happen so all you people out there worried you can all sleep well in your beds and if you see positive feed back on any site like this please ignore it it is a member of the staff at """trade-pro"" ""mkrr"" "" mkdp"" posting them

[funnydebt]

and if you have a debt with littlewoods (shop direct) and get a nice letter from mkrr or raven dont bover calling them as this debt is called stat barred so you dont need to pay a single penny to them just let them keep calling you just dont answer it !!!! better still go on the phone and dispute the account and hang up then it would get written off and they would not chase for a single penny

[funnydebt]

stat barred is over 6 years old and can not be chased in legal terms you dont need to pay a penny !!!!

[funnydebt]

do not pay a token payment as if you do then you have owned up to the debt and then they have you *****nooooo payment to mkrr--raven recoverys you have been warned **********

[rickd]

I contacted Welcome Finance in July 2011 to see if I had a claim aginst them.

 

They told me I did yet had to send in proof that I had changed address. I did this.

Then they said it had been received but the address not ammeded, can I resend it?

NO! If you can't do your job properly then that tough. Ammend the address simple.

 

after weeks of speaking to them and Welcomes Complaints team who told me I did not have a claim with them but with the broker I got an applicaiotn form. A team manager called .... and his member of staff called ..... and .....s Operations Manager, assured me that I did have a claim with them.

 

After sending in the forms to them they now say I don't have a claim with them cause I had to get the FOS invovled with matters when I had the HP with them

 

FOS were involved because I wrote to them as it said in the contract and told them I wanted to return the car to them (50% though the contract so I was able to with no penalties.) 6 months it took them to collect the car and they wanted me to pay for these 6 monthly installments to which they were told no

 

FOS told them to collect it and they did

Car's brakes were jammed by this time due to it not moving but this was tough and their fault.

 

So now I am left furious for all the messing around they have caused me and expense in calls that I am no further forward.

 

MOST CERTAINLY NOT "WELCOME FINANCE" BUT "UNwelcome FINANCE".

Edited September 3, 2011 by dx100uk
please refrain from vailed expletives -dx

[dx100uk]

I contacted Welcome Finance in July 2011 to see if I had a claim aginst them.

 

They told me I did yet had to send in proof that I had changed address. I did this.

Then they said it had been received but the address not ammeded, can I resend it?

NO! If you can't do your job properly then that tough. Ammend the address simple.

 

after weeks of speaking to them and Welcomes Complaints team who told me I did not have a claim with them but with the broker I got an applicaiotn form. A team manager called .... and his member of staff called ..... and .....s Operations Manager, assured me that I did have a claim with them.

 

After sending in the forms to them they now say I don't have a claim with them cause I had to get the FOS invovled with matters when I had the HP with them

 

FOS were involved because I wrote to them as it said in the contract and told them I wanted to return the car to them (50% though the contract so I was able to with no penalties.) 6 months it took them to collect the car and they wanted me to pay for these 6 monthly installments to which they were told no

 

FOS told them to collect it and they did

Car's brakes were jammed by this time due to it not moving but this was tough and their fault.

 

So now I am left furious for all the messing around they have caused me and expense in calls that I am no further forward.

 

MOST CERTAINLY NOT "WELCOME FINANCE" BUT "UNwelcome FINANCE".

 

all welcome claims should go through the fscs

 

start your own thread and do some reading

 

dx

[Martynandemma]

MKRR have now contacted me about paying the debt and have ssaid welcom have said I am still liable as the loan was refinance twice. I claimed PPI should be deducted etc etc but no joy.

 

Would now be a time to tell MKRR about the without predjudice DN and inform them that I am only liable for the arrears? I told them that I was unwilling to pay as welcome had breached 22 of the regulations that they were governed by as a "responsible lender"

 

as my issues were with welcome and not MKRR will this make any difference?

[Martynandemma]

See my previous thread about this called martyn v welcome

 

Nothing happened for a couple of years but now MKRR have contacted me again about paying the debt and have said welcome have said I am still liable as the loan was refinance twice and that my point about PPI was not valid as there was no ppi on the refinanced loans

 

Would now be the time to tell MKRR about the without predjudice DN and inform them that I am only liable for the arrears?

 

If not what is my next move?

 

I told them that I was unwilling to pay as welcome had breached 22 of the consumer regulations that they were governed by they have asked me to send them a letter explaining this. Should I do this or would you advise against revealing all my info on welcome.

 

Also as my issues were with welcome and not MKRR will this make any difference?

 

many thanks

 

Martyn

[Martynandemma]

Nothing happened on this for a couple of years but now MKRR have contacted me again about paying the debt and have said welcome have said I am still liable as the loan was refinanced twice and that my point about PPI was not valid as there was no ppi on the refinanced loans also ppi was on the first hp agreement from 8 years ago

 

Would now be the time to tell MKRR about the without predjudice DN and inform them that I am only liable for the arrears?

 

If not what is my next move?

 

I told them that I was unwilling to pay as welcome had breached 22 of the consumer regulations that they were governed by they have asked me to send them a letter explaining this. Should I do this or would you advise against revealing all my info on welcome.

 

Also as my issues were with welcome and not MKRR will this make any difference?

 

Just to confirm, my debt is not statute barred as it only defaulted in 2009

 

many thanks

 

Martyn

[Martynandemma]

Hi there,

 

I've been doing some researching of my old postings for welcome and also read some other threads on here.

 

It seems that you can claim back PPI for accounts over 6 years old, is this true and if so how would I go about putting in a claim for it ?

 

I had left my welcome account alone as I hadnt heard from them in over 2 years but now MKRR are trying to get £9000 off me so I thought I'd through the kitchen sink at them and welcome.

 

I have a list of at least 32 contraventions of various different rules ranging from calling my original friend references on boxing day to try to contact me, wrongfully putting my refinanced loan as a default on my credit file even though the balance was refinanced into a third loan, this; some 3 years after the balance was settled. Also being slandered as a trouble maker in their telephone notes from one of my calls.

 

I have so much I can do to them but dont really know where to start, I've had all the accounts back from them for the SAR and a couple of notices of assignment of the debt to MKRR so no probs there.

 

There is a lot more to this but its all stretched over 2 or 3 threads on the welcome boards but nobody has come back to me with advice.

 

Hope someone can help or pass me on to someone else who can or failing that tell me who I should approach with this (CAB etc)

 

What I really want is a letter to send to MKRR and welcome for the PPI and maybe a link to a letter I can send to them explaining that as I had a default notice issued wrongly, I am only liable for the arrears.

 

many thanks

 

Martyn

 

 

[dx100uk]

ok let me merged all your threads and well pull it a part

 

can i just check your have ALL your welcome statements and copies of ALL agreements?

 

 

dx

[Martynandemma]

thanks for doing that for me, dx100uk

 

Yes I have all my agreements, all my default notices and all telephone notes from them (although I suspect the call record has been doctored as there are lots of missing pieces, course I cant prove it!)

 

I even have the original response from them when I requested a PPI refund in 2009 (I think that was the date anyway) apparantly I didnt respond in time so matter was closed. The only thing I have lost is my list of their breaches of various authority regulations but i can easily research that again

 

For quick reference the original agreement was taken out in May 2005, it had PPI, shortfall and some other insurance on it the other 2 agreements were refinanced but without ppi

[dx100uk]

resume of thread:

 

2004 car finance with PPI and shortfall

refinanced 3 times

To cut a very long story short

 

took out car finance in 17/5/2004, all the usual rubbish PPI, Breakdown insurance & shortfall insurance

monthly agreement £206

car hired cash price £3982 total ammount to pay over 4 years 9920.64

 

then in 21/07/2005 renegotiated payments

credit cash advance £5208

£119.32 per month

total amount to pay over 75mnths £8949

 

unemployed couldnt afford payments

modifying hp agreement

£5326.44

£78.22 per mnth

total amount to pay over 10 years £9386.40

last agreement was taken out in august 2007

They have sent me my docs today, now there are 2 serious problems with my credit agreements.

 

Agreement 2 has a different car listed to the 1 I was provided, it looks to me like a botched up attempt to recreate a lost contract & as I have an original copy of the contract in question I know its fake .

Agreement 3 is very very blurred but most important I have not signed it.

I refinanced my HP loan as you all know. got a partial early settlement for insurances sent to the agreement.

 

 

can you scan up all the agreements and all the statements please.

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan 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 monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

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

..

 

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.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

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

[dx100uk]

and post up a copy of your PPI xls file too

 

dx

[Martynandemma]

I'm at work on night shift at the moment, I haven't got access to a scanner but I can use my iphone, i work nights so I'll post them on to the site tomorrow though I do not start work until 00:30 on weekdays. All together the info you want comes to about 20pages so it may take a while to send it all across.

 

I never received a Default notice for agreement 2 so the entry on my credit file is probably a mistake on their part but I do have a number of notices from them for agreement 3 which is also defaulted on my credit file.

 

thanks for your help

[dx100uk]

no rush

 

what date is the default on the cra file?

 

dx

[Martynandemma]

cant seem to access my credit file at the moment will have to check tomorrow but i know it was the same time on both accounts and was around 2009/2010