Bryan Carter welcome finance debt

[allergor]

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?

[dx100uk]

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

[allergor]

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...

[dx100uk]

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

[allergor]

Is this the correct address for WF to send my SAR to? They have various addresses.

 

Compliance Services

Mere Way

Ruddington Fields Business Park

Ruddington

NG11 6NZ

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?262417-Suggested-SAR-temp-for-Welcome.&p=2962395#post2962395

[allergor]

Had a good chat with StepChange tonight, discussing the possibility of a debt management plan as I have in total around 10k in debts. What are you thoughts on this DX?

[dx100uk]

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

 

dx

[allergor]

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.

[dx100uk]

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]

[allergor]

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 April 15, 2014 by allergor

[dx100uk]

you can never trust them.

 

dx

[allergor]

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?

[dx100uk]

no cca no pay

 

till they find an enforceable agreement off and bugger

 

dx

[theoldrouge]

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 Scotland 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'.

[allergor]

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?

[dx100uk]

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

[allergor]

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?

[dx100uk]

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

[allergor]

Nothing has been paid towards this debt since Nov 2008, it defaulted Jan 2009.

 

What's the possibility is SB?

[renegadeimp]

It is SB.

[allergor]

If they start asking again I'll send them a SB notice. Can anyone link me to this?

[allergor]

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

[dx100uk]

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

 

 

dx

[allergor]

Am I right in thinking when they start offering discounts like this they know they have no hope of recovering them through the normal legal channels?