lowell/BW SD old Welcome 'debt' - need help to set aside ***Dismissed and Costs***

[flower2]

Hi I have a Welcome Finance agreement on my car & like lots of other people have been fighting with the Lewis Group.

 

Today I received a letter from Irwin Mitchell Solicitors Recoveries, however on the back there is a standing order form made payable to Ascent Collections Ltd. Strange thing is Irwin Mitchells address is Manchester - Ascent Collections is Sheffield and the post mark is Sheffield.

 

Does anyone know anything about these companies or had any dealings with them.

[sillygirl1]

Irwin Mitchell are 'solicitors for rent' and their letter should be ignored.

 

Welcome are trying to collect as much as possible as they are in deep trouble.

 

Have you claimed any charges back from them?

[roxy2010]

Hi sillygirl

My partner and I have been getting text messages from these people I was a bit worried at first with it saying solicitors. Our home was repossessed in August so we owe these people £23.000 which has now become unsecured. We put a claim in to them for missold PPI which they made an offer of £3000. They then had the cheek to say they would pay £1000 towards the arrears and keep the £2000 and pay that towards the £23000 we owe. Needless to say it is now in the hands of the FSA.

[flower2]

Hi Sillygirl

 

Thanks for your response. No not claimed any charges yet, still waiting for the CCA from Lewis.

[flower2]

No response from Lewis so sent SAR to Welcome, there is no reference to the Lewis Group or Irwin Mitchells and all letters i.e default notices etc are dated 22nd December 2010 when the SAR was sent back.

 

Please can anyone advise, I am not sure where to go from here.

[flower2]

Bump

[sillygirl1]

As it is an alleged shortfall you now really have no further liability and should ignore any letters.

[flower2]

Hi Sillygirl1

 

Thanks for the reply, but what do you mean by alleged shortfall

[flower2]

Hi everyone, I did ignore all letters from irwin mitchells/ascent now I have recieved letters from Mackenzie Hall.

 

I wrote back to them after the 1st letter (now on 3rd from them) telling them account was in dispute & refusing doorstep visit, sent recorded & signed by them on the 8th June.

 

Now the attached letter, any advice please.

 

 

This account has been in dispute since May 2009

Edited June 20, 2011 by flower2

[flower2]

After reading other threads I seem to get the gist that these people should be ignored am I correct

Edited June 20, 2011 by flower2

[sillygirl1]

Report them to Alan Stewart at East Ayrshire Trading Standards, he is the person dealing with their file/

[flower2]

Hi everyone. Long time since I was last on here everything seem to be quite, until recently.

 

I took a loan out for a car back in 2006.

 

 

I was made redundant in 2007 & unable to pay.

 

 

to cut a long story short my solicitors requested the CCA in 2009 which was never received,

the account was put in dispute & nothing was heard from them until recently, when

 

 

I started to receive phone calls & letters from Lowell Portfolio, to which I ignored (maybe shouldn't have).

I am now receiving threats to issue a CCJ from BW Legal, not sure whether to respond or not. advice would be greatly received.

 

My credit record shows account closed (balance 0), default satisfied August 2012

 

I am now confused.

[citizenB]

My credit record shows account closed (balance 0), default satisfied August 2012

 

This will likely be the date that it was sold/assigned to Lowells - BW Legal are their rotweillers.

 

When was the last payment made to the account ?

[flower2]

Last payment 2009.

 

Yeah I realise BW Legal are the rotties, but do I need to respond. I never continued with the solicitors after welcome never sent the CCA. Couldn.t afford to.

[flower2]

Any Advice Please. Should I respond to B W Legal?

[flower2]

Good Morning, I am in need if some urgent help. If I am going to set aside I only have until Friday to file at court.

 

This account has been in dispute since 2009.

 

 

I sent a SAR to Welcome Finance in November 2010 but even though I received a reply from them in December 2010 not everything was there,

 

 

I wrote back in January 2011 requesting the correspondence from compliance that they keep referring to in there notes, but never got a reply.

 

 

The account will not become statue barred for another year.

 

I have some questions if anyone can answer for me please:

 

1) Can a file be sold on if it is in dispute.

 

2) The account is in joint names so should be both have received a statutory demand.

 

3) I am pretty annoyed that the SD was put through the letter box in an unsealed envelope for anyone to

read. I was away at the time hence the delay.

 

4) Welcome Finance have never informed me the account has been sold.

 

5) The figures on statements, etc. are different to what is on the agreement a difference of 2500K with

interest that is a big chunk

 

6) Charges on the statements add up to nearly 2K

 

 

I am sure I am going to have more questions, but if anyone can help so far I will be very grateful.

[AndyOrch]

Who as issued the SD flower ?

 

 

Regards

 

 

Andy

[flower2]

B W Legal on behalf of Lowell Portfolio

[AndyOrch]

Should have known really.

 

 

Ok get this off today ASAP:-

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

 

And here are the forms to set a side :-

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406102-LEGAL-Form-6.4-amp-6.5-Application-to-set-a-side-a-Statutory-Demand

 

 

There are plenty of if not 100,s of thread's on the same matter type Lowell / BW Legal into the search box above right and follow the advice.

 

 

Regards

 

 

Andy

[mjt2013]

FYI the first three points you raise in your first post will not help your app to set aside. You should focus on the other points.

[flower2]

So an account can be sold even if it is a dispute.

[mjt2013]

Yes, otherwise people would dispute an account for spurious reasons to stop an assignment. It's disputed accounts which tend to be good candidates for assignment because the original creditor can't be bothered to chase the debt.

[flower2]

Please can anyone advise do I have to send evidence along with my witness statement or do I wait to be asked.

[flower2]

Please can anyone tell me, do I have to submit my evidence with my witness statement or do I wait to be asked. , I am still working through all my paper work and seem to be running out of time.

[unclebulgaria67]

Please can anyone tell me, do I have to submit my evidence with my witness statement or do I wait to be asked. , I am still working through all my paper work and seem to be running out of time.

 

It is just a witness statement confirming the reasons for the set aside that can be heard at any hearing. You have to really come up with valid reasons for the set aside, that a Judge looking at your statement can see that it would be worth listening to you at a hearing.