Fake Default Notice, Fake Letters

[kmiah786]

Hi everyone,

 

I made a SAR request to welcome finance for the CCJ they placed on my credit file.

 

The documents they sent me:

 

1) Default Notice - Had incorrect address, not signed and dated 23/Nov/2010

2) Letter with the default notice with same mistakes

 

The confusion is this:

 

My CCJ Judgement date is 11/May/2009 now what I do not understand is if they served me with a default notice in 2010 then how did they place a CCJ in 2009?

 

Why is not any of the default letters signed?

How comes there is no prior warning letters saying that they were issuing court proceedings in the SAR pack that they sent me?

 

The statement also shows that they added various fees such as, AD HOC FEE, Capitalisation, Interest, Interest Reversal.

 

Someone please help me.

[MrZ]

Hi everyone,

 

I made a SAR request to welcome finance for the CCJ they placed on my credit file.

 

The documents they sent me:

 

1) Default Notice - Had incorrect address, not signed and dated 23/Nov/2010

2) Letter with the default notice with same mistakes

 

The confusion is this:

 

My CCJ Judgement date is 11/May/2009 now what I do not understand is if they served me with a default notice in 2010 then how did they place a CCJ in 2009?

 

Why is not any of the default letters signed?

How comes there is no prior warning letters saying that they were issuing court proceedings in the SAR pack that they sent me?

 

The statement also shows that they added various fees such as, AD HOC FEE, Capitalisation, Interest, Interest Reversal.

 

Someone please help me.

 

Do you actually have a CCJ? Were you ever in court with them or did you ever receive notice from the court that they had made a claim against you?

 

A default notice sent to you the borrower, is different than a default on your credit report.

 

Their default notice can contain anything they want to put on it, unless they intend to rely on it in during proceedings, at which time they need to produce a correct default notice. Even then, a court case is very unlikely to be hinged on whether or not you have a proper default notice or a defective one.

 

Have you received your SAR as yet? If not, that would be one of the first steps, together with getting an up to date statement of account.

Edited December 27, 2013 by MrZ

[filrobbo]

Did you get all the paper work when it was sent to court

[citizenB]

In order to obtain a County Court Judgment they would have first had to issue a reminder, Default Notice, termination notice, formal demand, letter before claim and then the Claim form.

 

If they obtained a County Court Judgment in 2009, but did not issue a Default Notice until 2010, then I think there was something seriously wrong.

 

Did you receive the claim form and did you offer a defence ?

[renegadeimp]

Edited

[kmiah786]

Thanks to everyone for your responses.

 

In the SAR response there was not a single document in relation to any court proceedings or reminder of payment what-so-ever.

 

I have sent them another letter mentioning all this and as to why the letters are not signed, no letterhead, incorrect dates on the letters etc. They responded back saying they are investigating my complaint.

 

Any advice on how I can progress this further would be very much appreciated.

[MrZ]

Thanks to everyone for your responses.

 

In the SAR response there was not a single document in relation to any court proceedings or reminder of payment what-so-ever.

 

I have sent them another letter mentioning all this and as to why the letters are not signed, no letterhead, incorrect dates on the letters etc. They responded back saying they are investigating my complaint.

 

Any advice on how I can progress this further would be very much appreciated.

 

It is not surprising that you get helpful info from Welcome. Its easy to think they are being obstructive, but it is much more likely to be the case that they are incompetent.

 

You need to find out if there is a CCJ against you for this agreement. The best way to do that is to contact the registry and obtain the information. The response will list any CCJ's against you. http://www.trustonline.org.uk/search-yourself

 

If you have a CCJ from Welcome (or anyone else) that you know nothing about, did not receive notice from the court, or some other good reason, you can then take steps to ask the court to remove the CCJ.

 

Lastly, don't put too much weight on copies of letters found in your SAR that they claim were sent to you. Those copies are typically internal archived copies and often do not have signatures. It would not be advisable to start an action based on mis-dated notices either.

 

Find out if you have a CCJ first, then you can decide the what next steps are necessary.

[kmiah786]

Hi,

 

I have checked with the registry and a CCJ does exist. If I apply for the CCJ to be removed to the court what are the chances that it will be removed and can Welcome issue another CCJ?

[kmiah786]

Hi,

 

Just recieved a reply from Welcome Finance for the letter of complaint I sent requesting explanations for the letters that they sent with the SAR response which were not signed, had no date, no letterhead and had my partial and incorrect address.

 

They have wrote that I requested "Information" for which I need to pay a £1.00 statutory fee (for a credit agreement and statement per account).

 

Enclosed in the same envelope they another letter (signed by the same person but no name) saying that they were unable to verify my I.D for which they need proof (passport copy etc).

It the same letter they state that as they were unable to confirm my identity they will not be treating my letter as formal complaint for the purposes of the FCA's rules.

 

Now:

 

Previously I had already paid the maximum statutory fee of £10.00 and they had already responded to the SAR i made with all the documents, logs etc they hold about me.

 

In every letter I wrote to them I made sure that the same reference number they gave were on my letters so they can allocate and find my correspondence and files easily.

 

Why are they asking for the fee again?

Why do they need proof of I.D if they had previously provided everything?

 

I never requested any documents from them but wanted a explanation as to why their letters where presented in this fashion and why it was incorrect etc, further mentioning that they had not followed the correct procedures to collect the debt, no debt collection letters were found in the SAR and no letters of court action was found for the CCJ they filed.

 

Please guide me on how to proceed with this as this is getting on my nerves. They took almost 3 months to respond back just to say they need the fee and I.D?????

 

Shall I just escalate the complaint to the Ombudsman, ICO, OFT etc?

 

Please advise