ccj from hegarty and welcome financial

[AndyOrch]

Not particularly but must be raised that there is false reporting to the CRAs and inaccurate data being placed/ removed...it does not effect the debt only the default marker.

 

Should be showing on your Credit File until 2014...wonder what they are up to....I have seen other posters stating the same.

[dx100uk]

researching this now andy.

 

 

it seems like welcome

[or I'm being told IND, whom now have control of all welcome 'live' accounts]

are removing them from everyones CRA file.

 

 

they appear to have taken administration control from welcome as part of the on going closedown of welcome

 

 

I am being 'led' to believe that its to do with 'a significant number of complaints'

concerning how welcome staff over a number of years were routinely told to

'fill out' & sign new agreements on behalf of customers when they had payment problems.

rather than restructuring the old loans.

 

 

an investigation into 10,000's of welcome accounts has confirmed what we on CAG ofcourse,

in numerous threads here already knew about.

 

 

it has also got something to do with the FSCS and them doing welcomes PPI reclaims

where this evidence may have come from.

 

 

wont know more till atleast Thursday.

 

 

dx

[AndyOrch]

Right you are DX thanks for that...bit more knowledge for you Michael.

[michaellast]

hi andy

 

I have just been going through the paperwork again preparing for court

I sent the s.79 request on 5th august they received it on the 6th august in which I received the agreement of account and also terms and conditions

I did not receive the statement until the Thursday or Friday 22/23rd august from their letter dated the 21st august

am I right in thinking that they have missed the 12 working day deadline set by the oft

hence making the debt unenforceable ?

 

kind regards

 

many thanks for your help so far

 

michael

[mjt2013]

The effect of non compliance is that the creditor cannot enforce "whilst the default continues" so, if you're satisfied that they have now complied, the debt becomes enforceable again even if it is after the 12 day period before they complied.

[michaellast]

hi dx

 

 

thanks for help so far

 

 

do you have any more information on what is happening to welcome as in regards

to removing all the reports from peoples cra

and also its been 3 weeks since I got a letter from Northampton saying it was being transferred to my local court . I still haven't heard any thing yet from my local court . how long does it normally take ?

 

kind regards

 

 

 

 

michael

Edited December 7, 2013 by michaellast

[michaellast]

Hi Andy

 

Am I correct in believing that proceeds from the auction of the car do not count as payment by myself ?

The only reason I ask is that I received a sar back from Ind and in the email logs between Ind and wf they say it counts as payment and therefore debt is not s.b

 

Regards

 

Michael

[AndyOrch]

Hi Andy

 

Am I correct in believing that proceeds from the auction of the car do not count as payment by myself ?

The only reason I ask is that I received a sar back from Ind and in the email logs between Ind and wf they say it counts as payment and therefore debt is not s.b

 

Regards

 

Michael

 

 

Correct Michael...yes its a credit but not from you...its their asset

[michaellast]

Hi Andy

 

Many thanks for confirming that for me

Can I use email logs between the company's in court ?

 

I still haven't heard anything from my local court its been 3 1/2 weeks now

How long does it normally take for the judge to contact

 

 

Regards

 

Michael

[AndyOrch]

Since what ? submitted your DQ?

[michaellast]

Hi Andy

 

Since getting the letter from Northampton saying it was being transferred to my local court

And await judges directions

 

Regards

 

Michael

[AndyOrch]

Well they are probably waiting for the claimants DQ before you will receive Notice of Allocation....the longer the better for you

[michaellast]

hi dx

 

 

I have just received a sar back from welcome

 

 

should it include proof of payments made ?

 

 

because all it has is activities, comments reports, some dodgy default notice with a different date from anything else even mentioned and repo letters and that's it

 

 

kind regards

 

 

michael

[dx100uk]

proof of payments? what do you mean?

 

you mean the statements

 

that sounds ok

[dx100uk]

right so now you can check your last payment/

 

dx

[michaellast]

hi andy

 

 

quick question

 

 

can I use emails between ind ltd and welcome as evidence in my witness statement

 

 

because I have 3 separate pieces of paperwork all from s.a.r confirming that my payment received on account that they have proof for is 04/05/2007

 

 

and also the sale of goods which you have already explained is their asset and not a payment by myself

 

 

 

 

thanks for all your help so far

 

 

kind regards

 

 

michael

[AndyOrch]

Yes as long as you disclose them on your list when it comes to standard disclosure.

 

Regards

 

andy

[michaellast]

Hi andy

 

 

im just writing my witness statement now and wondered if you could help

am I right in understanding that if a creditor did not issue a default notice for the default date the debt is unenforceable under section 127 and section 111 of the consumer credit act 1974 ?

 

 

just wanted to make sure I understand section 127 and 111 correctly

 

 

 

 

kind regards

 

 

 

 

Michael

[AndyOrch]

Default notices, litigation and section 127(3) of the Consumer Credit Act

 

July 2010

 

For a creditor to enforce a credit agreement against the debtor, he must serve the latter with a default notice, this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

Generally, the prescribed form of a default notice according section 88 is as follows:

 

"The default notice must be in the prescribed form and specify

 

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid."

 

Section 127(3) of the Consumer Credit Act 1974

 

Should the debtor be sued for the outstanding amount, it may be open to the debtor to raise an argument that the agreement is unenforceable because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

 

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA'). Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

 

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

 

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

 

Regards

 

Andy