welcome finance on credit report help

[lettie33]

hi there ,im not sure if posting in right place

im trying sort out a old debt with is on my credit report and keep getting marker each month as late payment and only thing on file stopping me getting credit ,I give u info what happen

in 2006 I stupidly took hp car finance with welcome finanace at time I had no choice ,only insurance I took with it were mechanical breakdown and shortfall extra

in 2009 I decided to termination my agreement and would owe nothing if I had paid over 4827 ,I had actually paid £6300 so thou great

think they said car was taken to auction and didn't get much as they thought for it,and said I was liabiable for £2336 ?

I refused pay as I gave car back and had already paid £6300 ,over years money been great for me but only thing is nitemare is they keep reporting missed payments on my credit report for the £2336 they say im liabiable for ?

are the right and what can I do get get this off or sorted on my credit file

thank u

[lettie33]

anyone

[BRIGADIER2JCS]

Hi What exactly shows on your credit files, when was the account defaulted if it has been?

Welcome now only exists to collect the outstanding book debts, many of the accounts have never

been defaulted and will suddenly appear in the hands of a debt collection agency with a very late.

default made.

 

Technically the report is correct if the account has not been defaulted.

 

I think it would be advantageous to make a Subject Access Request under the Data Protection Act 1998 to get all the data Welcome hold on the account, and maybe get to the bottom of what the car was sold for.

There is a £10 statutory fee for the SAR and Welcome have 40 days to comply if you use a cheque or postal order for the fee mark the front and reverse ''for statutory fee only''.

 

There is a template for this in the CAG Library, the SAR is addressed to The Data Controller, us RM recorded delivery and check delivery the 40 days starts from the.

 

I would specifically ask for ALL documents relating to the account including but not limited to ALL information relating to the sale of the car and how the outstanding amount was calculated.

[lettie33]

account was never defaulted ,we handed car back in 2009 ,I do know we don't owe this money and needing info to get if sorted or off my credit file ,is that likely to happen?

[BRIGADIER2JCS]

account was never defaulted ,we handed car back in 2009 ,I do know we don't owe this money and needing info to get if sorted or off my credit file ,is that likely to happen?

I thought this would be the case and it is going to be difficult to get it sorted, which is why I suggested the SAR to get the data.

 

Why are you so certain the debt is not owed please?

[lettie33]

certain its not owed because we had paperwork saying if we had paid over£ 4827 and car hand back that would be it we actually had paid £6300 ,I actually still have all the old paperwork and the money they say we owe them was shortfall for when they sold the car ,im more worried about how it will affect my credit file if it doesn't say default been saying late payments since 2009

[BRIGADIER2JCS]

certain its not owed because we had paperwork saying if we had paid over£ 4827 and car hand back that would be it we actually had paid £6300 ,I actually still have all the old paperwork and the money they say we owe them was shortfall for when they sold the car ,im more worried about how it will affect my credit file if it doesn't say default been saying late payments since 2009

 

Ok Lettie based on that I will draft a challenge to Welcome, meanwhile you should check all the credit reference agencies and place notices of dispute on the entries asap.

 

Welcomes admin was always extremely poor which is what they are in this state now.

[lettie33]

thank u ,can u advice me to to write for credit file as new to all this

[BRIGADIER2JCS]

You can get credit files on line quite easily, the three main agencies are Experian (Credit expert as seen on tv) Equifax, and Call Credit which has a free offshoot called Noddle

but is not always reliable.

 

Experian and Equifax have free 30 days trials so use that get the file take a screen print and cancel the trial.

Otherwise you can write and get a £2 statutory credit report by post but this is very slow.

[lettie33]

ok thank u so I just say that acc is in dispute do I need explain why

[BRIGADIER2JCS]

A short note that the data displayed is inaccurate the CRA as a standard dispute notice you need do/say no more.

[lettie33]

thank u I let u know how we get on

[BRIGADIER2JCS]

thank u I let u know how we get on

 

Good Luck!!

[lettie33]

hi again

not managed to sort this out yet due to family member being seriously injured to moved out to care for there family ,now im back I can get ball rolling

so I need send SAR to welcome ,do I pay the cheque to them and what address do post to

soz if u told b4 so much has happen over last 4 months but im ready to go now

also we have moved address does that matter as they wont have new address

[BRIGADIER2JCS]

SAT to Welcomes Head Office, cheque £10 made out to Welcome and clearly marked 'For Statutory Fee Only' on back and front, use recorded signed for post.

 

You will need to supply past and present addresses.

[lettie33]

Thanks do in morning

A friend says I just should leave it as we have moved address and a new build house no one been at this address before and my rating would sort itself out in a few years as it new address .is this true I don't know nothing about this sort of thing sadly

[BRIGADIER2JCS]

Not good advice in my opinion, DCAs can easily trace individuals these days any way, and there is always the possibility of a 'judgement by default' being awarded in the County Court.

[lettie33]

hi thanks

have sent SAR a week ago aware they have 40 days to reply

another thing only heard that welcome fiancé are no longer a company is this right?

we from Scotland not sure if its different in England and if so no longer a company how can they update my credit file each month

thanks

[BRIGADIER2JCS]

Welcome Finance exists only to pursue and collect the outstanding debts owed to the company and it is perfectly lawful for it to do so. It is their responsibility to maintain credit records.

 

When did you last pay anyone in relation to the Welcome debt?

 

As to the Law in Scotland the limitation period is 5 clear years with no payment or written acknowledgement of a debt.

[lettie33]

that would be in 2009 when we handed the car back voluterily

we had paid more than half as u see on above posts

its nitemare its only bad thing on our credit file and they keep putting late markers every monyh:mad2:

[BRIGADIER2JCS]

So this has not been defaulted? Just late payment markers since 2009 correct?

 

This account should have been defaulted at the latest in 2009 to continue to use LP markers instead of defaulting is a breach of the ICO Technical Guidance on Defaults and can be challenged by a Formal Complaint to The Data Controller at Welcome head office in Nottingham.

 

When exactly in 2009 this could be very nearly statute barred.

[lettie33]

yeah they have been putting late marker since 2009 and wasn't put in default

we had paid more than half of car when handed back ,after they sold car at auction the said I need pay shortfall as they didn't get what they had hoped for the car ,hence that's why we got late markers

it was june 2009

what do u suggest I do as waiting on SAR

THANKS

[BRIGADIER2JCS]

The SAR may be helpful in this, how long since you sent it?

[lettie33]

just over a week

will I do anything about breach of LP markers

[BRIGADIER2JCS]

Ok we can challenge the LP markers now if you wish, will draft a letter for you over the weekend.