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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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    • My understanding is that they won't provide the name to me whether the investigation is Live or Closed, & I have no legal rep as I didn't have P.I. Cover on my policy, & am intending to claim using OIC.org.uk, but remain completely stuck as they 100% cannot open a claim on the portal without both the Reg. No. & Name of the other driver.  
    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
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Bryan Carter welcome finance debt


allergor
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Thanks DX,

 

when I have this info what action can I take?

 

If they do take me to court is it best to defend and prepare a defense?

 

I remember inquiring about this loan and then them hounding me by phone to see if I still wanted it,

 

even though they knew I was working from my mums house with little pay and struggling to pay some debts.

 

Can my defence include them pressuring me into taking a loan they knew I couldn't afford?

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woe slow down...

 

as I've said carter's been well burned on welcome finance debts long ago

and most prob wont touch this with a barge pole.

 

get the sar done

 

it'll prob turn out that welcome owe you more than you owe welcome.

 

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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Hi DX,

Thanks for the positive message, although I'm not sure how Welcome owe me. How do you know he won't touch this one?

 

I've noticed they have defaulted and can no longer give out loans, is this why mine is flagged as settled on my credit file?

 

So to bug you with details DX, I'm just worried about this is all and feel a little helpless as I don't have much info...

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that's why you are getting the sar...to get the CORRECT TRUTHFUL info.

 

if you re read this thread

you'll see I mention insurance/penalty charges/PPI

they'll owe you .

 

the debt is flagged as settled because it has been sold by the OC.

 

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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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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Share on other sites

do it yourself once you've sent and received an ENFORCEABLE CCA from all your creditors.

 

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 months later...

Hey DX,

Though I'd give you a heads up,

 

I decided not to go down the debt management plan route

as I realized I could do what they do without nuking my credit file for 6 years more....

 

So I contacted Brian Carter and requested they refer the debt back to Lowell, and then dealt with Lowell directly.

 

So no court summons threats!

 

I also requested the Lowell get the original CCA, default notice and SOA from Welcome Finance,

 

this was about the 10th of Feb and not heard anything since.

 

I can only assume they can't get the documents from Welcome Finance as they are now in liquidation?

 

Any advice on what I should do now?

 

Other debts;

 

I had a whopping £1,500 water bill from United Utilities from a previous flat I rented,

 

I was duped into believing the water was included in the rent.. .duh.

 

I wrote to their trust fund and asked them to write it off and they did.! Woo.!

 

I had 2 old credit card debts £1,200 and £1,500,

I spoke with DLC and managed to settle both it at £300 each,

and had them write off an old T-mobile debt as an act of good faith.

 

So all I have on my credit file is 2 settled defaults that should drop off Jan 2015. So in all feeling pretty good, seem to have a handle on it all now and should be in good stead for next year.

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ok well don't forget to chek for PPI on the settled debts.

 

i'm worried you are doing this on the phone too mind!

 

I really do hope they mark them settled

as typically they mark them partial

and sell the remaining debt.

 

as for welcome.

 

time to sar them [welcome]

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 have been doing this on the phone as I need to sort this out ASAP and need to get on with life. Post takes far too long.

 

What is a issue with speaking on the phone with them?

 

I also spoke to DLC and they assured me they don't chase after the remaining part of a partially settled debt.

Edited by allergor
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you can never trust them.

 

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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no cca no pay

 

till they find an enforceable agreement off and bugger

 

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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What shall I do over the brian carter/lowell/welcome debt? Lowell put in a document request with welcome in early Feb, not heard anything yet. Shall I just wait on it?
Failure to comply

 

CONC 13.1.6

01/04/2014

FCA

 

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

(4) The firm should, in any communication or request for payment in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

(5) In the judgment of McGuffick -v- The Royal Bank of Scotlandlink3.gif plc [2009] EWHC 2386 (Comm) Flaux J held in a case under section 77 of the CCA that passing details of a debt to a credit reference agency and related activities do not constitute enforcement under the CCA. He also held that steps taken with a view to enforcement, including demanding payment from a claimant, issuing a default notice, threatening legal action and the actual bringing of proceedings, are not themselves 'enforcement' under the CCA. On the other hand he confirmed that the actions listed under sections 76(1) and 87(1) of the CCA did amount to enforcement notwithstanding that some of the actions 'less obviously' amounted to enforcement. These actions are demanding earlier payment, recovering possession of goods or land, treating any right conferred on the debtor by the agreement as terminated, restricted or deferred, enforcing any security and terminating the agreement.

(6) While Flaux J agreed with the decision of HHJ Simon Brown QC (sitting as a Deputy High Court Judge) in Tesco Personal Finance v Rankine [2009] C.C.L.R. 3 that commencing proceedings was not enforcement, but a step taken with a view to enforcement, both he and HHJ Simon Brown appear to have been drawing a distinction between commencing proceedings and entering judgment in those proceedings.

(7) This guidance deals only with the question of whether an agreement is unenforceable in relation to sections 77, 78 and 79 of the CCA. A lender's rights to enforce an agreement may be restricted for a variety of reasons, by the Act, by or under the CCA and by virtue of the general law.

(8) However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 8 months later...

Ok just to give an update on this,

 

 

the Welcome Finance debt was passed from Bryan Carter to Lowell around Feb 2014 and

they've just sent me an annual balance statement, but no request for payment. No CCA like I originally asked for.

 

Also, I believe the end of December 2014 or start or Jan 2015 is the default dates 6th anniversary.

So I actually think it's now statute barred,

I've not paid anything towards it since default date.

 

 

Is this now unenforceable?

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SB passing or default reaching 6yrs does not render a debt unenforceable.

 

 

only no/crap CCA does that.

 

 

once a debt reaches SB - in E&W [6yrs]

 

 

anyone can ASK for payment

you can ASK them to go away regardless to even IF they have an enforceable agreement

 

 

in Scotland [5yrs]

the debt is EXTINQUISHED - gone dead nothing anyone can do.

 

 

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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Ok bit confused.

 

 

The default notice date was 5th Jan 2009, so it's been 6 years.

 

 

I've read in a few sources that it becomes statute barred then.

 

 

The debt still exists but they can't use legal system to recover it.

 

 

They can only ask.

 

This not correct DX?

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when a default notice is issued that give the creditor the 'option'to default.

doesn't mean they WILL>

 

 

there is no direct relationship between the issuing of a DN and the SB date.

 

 

after the DN, a payment could have been made

the debtor could have written and signed a letter ack'ing the debt.

thus resetting the SB clock.

 

 

a DN is a good pointer to the SB date, esp if the debtor knows theres been no payment/ack

but its not a guarantee.

 

 

the rest is as I said in post 42

 

 

 

 

 

 

thus

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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It is SB.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 months later...

Just a bi annual update on this debt,

 

 

the current bottom feeding company that is having a go at recovering it hasn't yet sent me any mail by post, just emails. They've sent 7 emails since January 2015....

 

First email started off all serious and threatening,

the 2nd was a special 25% discount if I pay now..

. the 3rd was a 40% discount if I pay right now.! Whoop.!

 

 

The last one was a strange one, they claim the debt is still on my credit file and may continue to affect my credit rating....

I get my report from all 3 agencies and they're all clean as a whistle.

 

Is this latest company clutching at straws? and why are they sending emails?

 

Allergor

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prob don't wanna waste a stamp on a well lemon'd debt.

 

 

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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