Welcome debt sold to Aktiv Kapital

[d006]

I recently completed a SAR request with Welcome Finance. I wrote to them to challenge the charges on the account, and their total charges are pretty much the full value of the outstanding amount so I was hoping to finally rib myself of this debt.

 

I received a letter from Welcome saying it would take 8 weeks to process the complaint (fairly standard from seeing other posts on the forum).

 

But I also received a letter saying the outstanding balance has been sold onto Aktiv Kapital (UK) Ltd!

 

Does anyone know where I stand now? What happens if a debt is sold but the charges on the original debt were unfair/excessive, how can that be challenged?

 

It seems unreasonable to me that to get out of refunding charges all a company has to do is sell the debt on, but also who do I fight now? Welcome who have sold the debt and I am not apparently dealing with. Or the new company that hadn't actually charged those fees?

 

Does anyone have experience with this sort of situation?

[BRIGADIER2JCS]

I recently completed a SAR request with Welcome Finance. I wrote to them to challenge the charges on the account, and their total charges are pretty much the full value of the outstanding amount so I was hoping to finally rib myself of this debt.

 

I received a letter from Welcome saying it would take 8 weeks to process the complaint (fairly standard from seeing other posts on the forum).

 

But I also received a letter saying the outstanding balance has been sold onto Aktiv Kapital (UK) Ltd!

 

Does anyone know where I stand now? What happens if a debt is sold but the charges on the original debt were unfair/excessive, how can that be challenged?

 

It seems unreasonable to me that to get out of refunding charges all a company has to do is sell the debt on, but also who do I fight now? Welcome who have sold the debt and I am not apparently dealing with. Or the new company that hadn't actually charged those fees?

 

Does anyone have experience with this sort of situation?

 

 

Hi, Welcome have 40 days and no more to comply with a SAR. Did you send the £10 statutory fee?

 

 

You cannot combine a SAR and a Formal Complaint, is this what you have done?

The time scale for the complaint is 56 days after which if you have not had a satisfactory response you can complain to FOS.

 

 

You can still reclaim PPI and penalty charges from Welcome

[d006]

No I didn't combine them. I requested and received the response of the SAR and then wrote a formal complaint letter.

 

After sending the formal complaint letter I received the response from them that it will take eight weeks to process, and a separate letter saying they have sold the debt.

 

Essentially all the remaining debt (which they have sold) is made from unfair charges. I am unsure how to proceed.

[ims21]

Hi

 

There is a window of 8 weeks allowed for a response to a formal complaint. If within that time you receive a final response letter then you can escalate to fos. If you receive no response within the 8 week deadline then you are again free to lodge a complaint with fos.

 

However, with a charges claim it is rarer than hens teeth for fos to side with the claimant.

 

If you read around the forums you will see that the vast majority take their claims for unlawful penalty charges through the small claims court.

 

There is work involved so it really does depend on how much you want those charges back.

 

Your claim for charges would be against Welcome. The process in simple terms would be to prepare a spreadsheet of the charges and associated interest that you wish to claim back. Then send a preliminary letter giving them, say, 14 days to refund the charges and interest to you. If they fail to do so then you send a 7 day Letter Before Action and if the still fail to pay then you would issue in court.

 

Some institutions settle before a court hearing while others don't.

 

You would need to do a fair amount of reading around the forums but all of the information on how to put together a court reclaim for charges is on CAG.

 

In addition to the charges, was there any mis-sold PPI on the account? If so you can reclaim that as well together with associated interest etc. That claim would also be against Welcome but is a different issue to the unlawful charges claim