Lowell/BW Claimform - Old Welcome 'debt'

[roadhog1]

Hi,

 

we are currently being pursued for a debt by the above three (which I understand are all the same company).

 

The original agreement for this was in 2003,

although payments were made to them through a DMC and I think the last of this would have been in 2008.

 

The debt stayed on the credit file and we think it may have been resigned in or around 2007.

 

However at our request as Equifax have removed this debt from the credit file.

 

Can these people apply for a CCJ or not?

 

does a debt become statute barred six years after the original agreement or six years after the last payment was made to the account?

 

I plan to send a CCA letter to them but if they are able to provide a copy of the agreement would the debt be statute barred anyway if the agreement is dated 2003?

 

I should point out the the original loan was for 800.00 and the debt they are trying to recover is over £2000.00.

 

thanks

 

Roadhog1

[unclebulgaria67]

6 years without payment or written acknowledgement or CCJ. If you made a last payment in 2008, it will be from that date.

 

Do the CCA request to see what they come back. I do wonder what info Lowells have for this debt. Probably not much and I would be dubious about the amount. Do you actually have a full breakdown of all payments towards this account and a breakdown on how the current balance is calculated. Perhaps amend the CCA to ask for a full breakdown of the account, including all payments made, plus interest and charges applied.

[dx100uk]

an £800 debt from 2003

 

now £2000!!

 

they and welcome are having a laugh!!

 

and you got fleeced by a fee paying DMC too!

 

I hope they will never ever go near a court with this.

 

it'll be one of welcome finances phantom statement jobs

 

but i bet they wont have anything on file either

 

i'd SAR welcome

 

prob got £100's of PENALTY fees to reclaim

but as most will be outside 6yrs

thats a dead duck.

wonder if there is PPI involved [you can get that back!]

 

any previous loans?

 

pers i'd cca lowfile & SAR welcome

 

or

 

ignore the ruddy lot of 'em..

 

dx

[BRIGADIER2JCS]

Has a default been placed on the account?

Has it been removed from ALL credit referencey agency files or jus Equifax, worth checking Experian and CallCredit?

 

A CCA request will only provide a statement of Current status of the debt not a back history of payments made to the original creditor and the charges applied by them a SAR will get those details.

[roadhog1]

thanks for your help guys,

 

Cant remember whether there was ever a default,

it has definitely been removed from experian and equifax,

need to check call credit.

 

 

Just to confirm though, does statute barred begin six years after you last made a payment

or from the original agreement date?

 

 

Also what is the purpose of SAR?

never done this before).

 

 

Is it better to ignore them or go through this process?

 

Thanks

 

Roadhog1

[dx100uk]

SB is from last WRITTEN SIGNED ACK or financial transaction by YOU in or out

 

dx

[BRIGADIER2JCS]

For a debt/account to be come Statute Barred they must have been no payment or unequivocal admission of liability in writting in 6 clear years.

 

For SB ''date'' Take it a the date when a payment was due and not made after which no further payment was ever made.

 

Default dates are usually 5-6 after the cause of action(the actual default).

[roadhog1]

Thanks DX and Briggadier,

 

 

that helps a lot as there are others which I am not sure about.

 

 

I have another welcome debt which is being chased by Experto Credite,

 

 

does anyone have any knowledge of these?

 

 

the last payment was made by a dmc around July 2011

 

 

but I think the original agreement was 2008.

 

 

It is on my credit file although no default (I think they do this so it is open on your file forever).

 

 

I am wondering how likely this company are to issue proceedings?

 

thanks

 

roadhog1

[BRIGADIER2JCS]

Welcome accounts are notorious for not bein defaulted as the company exists only to collect the outstanding book debt.

[roadhog1]

So does there have to be a default first before they can issue county court proceedings?

or does it mean it will never be able to come off my credit file?.

 

 

As the company exists only for the collection of outstanding book debts

 

 

does this mean they cannot issue applications for CCJ's?

 

thanks

 

roadhog1

[dx100uk]

IMHO i'd forget about the debt

 

or do as i said earlier

 

its obv 99% unlawful charges and/or PPI

 

not even stupid lowlife would ever go near a court about this debt

 

dx

[roadhog1]

Thanks DX,

 

I am fully intending to ignore the lowell/welcome finance debt!

 

I was actually referring to another welcome debt now!

 

A more recent one which is being chased by Experto Credite for around £4,000.00.

 

I should probs have started a new thread about it really.

 

The Agreement was 2008,

 

last made a payment around July 2011.

 

Welcome have never defaulted me for this one and it remains on my credit file,

 

I was just wondering whether or not I was best to ignore this or whether they were likely to issue a County Court App for CCJ.

 

Should I just completely ignore ANYTHING to do with welcome finance?

 

thanks

 

roadhog1

[dx100uk]

sounds like you need to SAR welcome

 

your could have £100's of pounds of reclaiming sitting around.

 

dx

[roadhog1]

thanks dx,

to be honest I do not really know anything about SAR and PPi.

 

 

I presume if I SAR them I get an account

and then I apply for PPI and charges back?

 

 

Can you claim these if the debt hasnt been repaid?

 

 

Also would this then be taken as a written acknowledgement of the debt?

 

thanks roadhog1

[dx100uk]

yes

yes

no

 

dx

[roadhog1]

Thanks DX that's really helpful.

 

roadhog1

[BRIGADIER2JCS]

Good idea Dx SAR is very useful if the debt has not been defaulted.

[roadhog1]

Hello again,

 

with regard to the larger of the two welcome debts,

which Experto credite are writing to me about,

 

I have checked on my credit file and welcome did actually give me a default in June 2012.

 

Do you still think it is best to sar them or should I just ignore them?

 

The default must have been sent to my old address so I havent seen one,

does it make any difference if you havent received one yet it is on your file?

 

thanks

 

roadhog1

[dx100uk]

please get the sar done.

 

the longer you leave it

the more chance the paperwork will be detroyed

 

dx

[roadhog1]

I have done SAR letters today to Welcome.

 

 

I also have old blackhorse loans the most recent being 2007,

 

 

however I dont have all the account numbers,

 

 

can you still send the SAR letter without the account numbers?

 

 

if so would I have to quote my previous address as that is where the loans were taken out?

 

thanks

 

roadhog

[dx100uk]

yes

you DONT need A/C number

 

the sar is on YOU and your TRADING with a company [ALL PERSONAL DETAILS]

 

yes quote previous addresses

a

nd p'haps a current util bill to prove who you are

 

dx

[roadhog1]

Hi

 

This is something I didnt expect regarding an old welcome debt.

 

 

I have previously posted on this in 2013 but felt it easier to start a new thread given the circumstances.

 

Been receiving letters from BW Legal (their client Lowell Portfolio) for an old welcome debt since 2013,

they threatened court action on numerous occasions.

 

 

I sent a CCA letter in 2013 and they replied in 2014 and sent back a credit agreement from 2003

which was a different reference number, a

mount and was in joint names not one!

 

 

As this agreement was way statute barred we ignored the letters.

 

Just received a County Court Claim form!

 

 

Claimant - Lowell,

 

 

Particulars state

 

 

debt was assigned to claimant in 2012.

 

 

Now heres the thing,

looking back on correspondence is appears welcome did something they call a DMA rewrite in 2005

to which we have no knowledge but this seems to correspond with their amount claimed.

 

 

Nobody appears to have a copy of a credit agreement for this

and the only reason we know this is because we queried a debt to welcome on a credit file

which was still open in 2011 and which we knew nothing about!

 

 

The amount claimed is the mysterious thing,

which then went into sole name and amount doubled.

 

 

Either way firstly: we have never had any credit agreement provided for this even though a CCA letter has been sent,

 

 

secondly it was still in 2005!

 

So where are they going with this?

 

 

Does the six years begin again when the debt is assigned?

 

 

or is this claim statute barred?

 

 

Do they have to have the credit agreement for this judgment to be successful?

 

Obviously I intend to fully defend but where would my starting point be?

 

Many thanks as always for all your help!

 

Roadhog1

[dx100uk]

they don't stand a cats chance on this

it will be a welcome staff member that filled the new agreement out

 

 

ok can you fill this in

 

 

then we'll get things moving.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[roadhog1]

thanks DX

 

RH1

[roadhog1]

Hi Dx,

 

Sorry to be a pain but do I just fill in the details and then upload it and send it back to you? I'm not very computer literate! :

 

thanks

RH1