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    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
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Hi DX

I have today spoken to Chris Palmer in the legal department of Welcome and requested everything be put in writing.

 

Also requested proof that they actually paid the full amount of £756 pounds ( the value of the charges) to Aktiv.

 

I requested a copy of the contractual provision which apparently is between Welcome and Aktiv.

 

I also requested the amount Aktiv actully paid for the debt. All this is very confusing. !!!!

 

I stated that as the PPI was not thier money to do as they will with and they no longer hold the debt they cannot just send it to Aktiv.

 

Should they have sold the debt withe knowledge that it was in query ???

 

HELP !!!!

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Yes a debt can be sold at any time disputed or not the creditor considers that the dispute is not valid.

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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Ok but should they pay a 3rd party a PPI Refund and also Charges which are being refunded ????

 

See post #23.

 

No they should not be doing that and have no right to do so.

 

Edlington Properties v J H Fenner & Co Ltd is the case law used to back this argument.

 

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I think Welcome are so desperate to get any money they can 'deals made with debt purchasers' I wonder?

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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  • 2 weeks later...

Well what next with these people.

 

Phoned and requested that my letter be sent as promised

 

firstly last week was told it had been sent on the 8th

 

next Chris Palmer tells me it hasnt been sent at all

 

now today I find it was sent second class on 4th .

 

I know this is the letter I am waiting for as I asked that part of it be read out.

 

These people are unbelievable I have now insisted that it is sent Special Delivery so that I receive it tomorrow.

 

Miracles do happen now and again I can but hope !!!!!

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A bit small but I find this staggering!

This needs to be before a judge so that this 'agreement' between debt purchaser and creditor can be ordered to be disclosed.

 

A statement that such an agreement exists to my mind is insufficient explanation or justification.

 

1. I would demand that AK confirms this, and challenge their right to 'buy back' if PPI is reclaimed.

2. Worth reporting to the OFT/FCA

4. Put this before FOS.

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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convert to PDF 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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you really need to take this up with the FOS now

 

its getting silly.

 

did you get to do a rollover PPI spreadsheet of both the loans?

 

and did you get the charges back but they got offset 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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rollover loan details?

 

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 initial loan was only going a matter of weeks. They sent a check for charges on that one of just over £6. I have requested a copy of the remittance from Aktive for the £756 charges they received from Welcome and also a copy of the agreement which they have with Welcome to date no response. Next step FOS

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Good afternoon,

We refer to your email received on 23rd October.

We have sent request to Welcome Financial Services requesting them to send a letter indicating that they have sold the account to ourselves, and a copy of the remittance as you have requested.

However it can take up to 6 to 8 weeks for us to receive these documents as we are not the original creditor.

Your account has been placed on hold until receive the information you requested.

With regards to the reduction in the balance of this account we had been informed by Welcome Financial Services that this account had been sold with PPI and this was the reason for the reduction in the balance.

However we can reconfirm this with them, if this is not the case.

Kind regards.

Received this mail from Aktiv. Have now responded as follows:-

A remittance is is normally sent with a payment. Therefore Aktiv should have a copy in thier possession when receiving funds or they would have no idea what or who the payment related to.

I already have confirmation from Welcome that the debt was sold to yourselves and is no longer anything to do with them. .

I actually require a copy of the agreement which states that Welcome can buy back part of the debt which relates to charges or Payment Protection Insurance.

I also require a copy of the sum actually paid for the debt.

These are all items which Aktiv should have in thier possession and therefore should be sent buy return.

Should you not forward these on I will have no alternative than to contact the OFT and the FCA

Just getting the runaround from Welcome and Aktiv

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but you must already have these details

or is the sar from before this?

 

 

did your PPI claim inc rollover between the two loans?

I guess one refinanced the other?

 

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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:-(I am ok with what Welcome have offered in redress

its the way they want to pay ii that is the problem.

 

They want to pay a 3rd party (Aktiv) who they sold the debt to.

 

We all know that these debts are sold at a reduced amount.

 

This being the case.

 

how do I know they have paid them the full amount for the charges £756 .

 

These are questions I have asked and been advised that they have a provision in the contract between Aktiv an themselves

that they can buy back part of the loan which relates to PPI and charges.

 

I want proof of this.

 

I also need to ascertain whether this is ethical .

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ethical..legal!!

 

p'haps time to ask the fos?

 

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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  • 2 weeks later...

Just found this on th FOS website .

 

I am a bit bemused by the first sentence highlighted.

 

What does it mean

 

I am now thinking maybe they have bought the debt back how do we KNow I cant get any information from either Aktiv or Welcome ???

 

But if the debt was sold on to a third party and it cannot be bought back, or the business chooses not to buy it back, we might take a slightly different approach.

 

That is because the consumer does not owe the business money – it owes money to the third party that bought the debt instead.

When selling the debt the business made a commercial decision and accepted an agreeable price for the debt.

In those circumstances, we would usually tell the business to calculate the compensation as normal at the point it sold on the debt

– and to pay all parts of the compensation to the consumer.

 

The business should also consider the possibility that the consumer might have incurred further losses since the debt was sold on

as a result of PPI being included on their debt.

 

Based on examples of good practice we have seen,

the example below shows how a business might set out how it has calculated compensation for a mis-sold PPI policy alongside a loan that has been sold on to a third party::???:

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