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Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***


cruzhughes
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true to form then

I see we have another victim ..posted today..

 

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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about time you got yourself a scanner!!

 

there is no reason whatsoever why they cant investigate previous to 6yrs

just because the FOS cant act on it ...doesnr absolve themselves from doing so.

and was there not already a complaint ref with the FOS dating way back anyway.regardless to if it was prome or welcome that was the subject?

 

still think the whole thing is unenforceable due to irresponsible lending.

and IMHO you owe nothing to anyone.

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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Do I reply to this letter. All my questions to them in last letter remain unanswered. 

 

Thats things like how long they say is left on loan. The fact that the payments are wrong ect. 

 

Fos was welcome then prime. 

 

What next. It’s just dragging on and on now. And things aren’t getting any further resolved.

 

still not paid them a penny 

Edited by cruzhughes
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well that's to your advantage then..

you could write back and refer them to the open FOS investigation, stating that , anyway. they should still be investigating outside of 6yrs even without the FOS being or not allowed to get involved , they already are..so pull your finger out prime...

 

I like the way this is going around in a great big circle again and returning to the fact that the whole chain was linked to irresponsible lending.

 

when are prime going to realise that bought a lemon and drop the whole thing.

or write it off. totally.

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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The Fos couldn’t help me with prime so nothings open. They couldn’t investigate the ir for the same reasons they couldn’t with welcome.

 

prime we’re out of jurisdiction they could only investigate your complaint about Prime Credit should be about the charges added to your account as a result of their debt collecting activities. 

 

If you look at the letter I sent you dated 26/1 you’ll see how much they haven’t answered 

 

Surely though as I didn’t become aware of all this till 2016. Then isn’t that within the 6 year rule? 

 

As you well we’ll know we’ve been battling since 2016 I received the SAR from welcome. Then they sold this debt on.

 

im looking for a bit of guidance as to what to say and what to do next. 

 

This amount wouldnt be outstanding if welcome hadn’t done what they done

 

and there defo wouldn’t have been the last loan of 28 grand as welcome rewrote that and added more Ppi extended the term and no money changed hands. 

 

It it was a straight rewrite of the balance remaining of the 2007 loan.

 

 

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I have started drafting a letter can you advise on this please 

 

 

Dear Sir or Madam, 

Thank you for your letter dated 28th March.

It is noted you have totally disregarded my letters dated 8th November and 26th January and have failed to answer the questions put to you.

 

My letter on 8th November asked for following information in regards to the  outstanding balance

 

•    How you’ve reached this figure 
•    Payment schedule 
•    Monthly repayment 
•    Months remaining 
•    End date of loan

 

Until you can provide some clarity on the above then my dispute remains ongoing, and had been added to by my letters of complaint in respect of unlawful fees and charges making up a chunk of the account balance. 

 

I once again outline my own position in respect of the current balance, the unlawful penalty fees being applied and the correct monthly repayment obligations going forward.

 

The current balance, before deducting unlawful fees and interest:

•    Balance when you purchased the debt was: £ 26,152.32 
•    Minus PPI Refund + interest adjustment: £ 8,163.29
•    Minus mis-sold PPI remaining within the current loan balance: £2,002.24
•    New balance: £15,986.79

 

In your recent letter, dated 28th March you refer to the monthly repayments being £231.49. However, this figure is wrong as it includes interest  and a payment for PPI for both of which need deducting. 

 

Therefore the repayments, calculated as £26,152.32 split over 212  remaining months from January 2016, equals £123.36 - minus £17.51 PPI, equals £105.85 per month. PPI was refunded up to December 2016, with the award made in January 2017. This is paid back to the account balance as follows: 12 x £17.51 / 212 = £1.00 per month to add on. £106.85 is the rightful monthly payment from January 2016 onwards. 

 

39 months have passed since January 2016, which equates to £ 4,167.15 With the PPI refund of £8,163.29 (inc. interest), the account is currently in credit by the amount of £ 3996.14 This is the equivalent of just over 37 monthly payments, based on the above.

 

After these 37 months is up which will be Feb 2022 the 1st payment of £ 106.85 becomes due. 

 

Or 

 

Balance when you purchased the debt was: £ 26,152.32 
Minus PPI Refund + interest adjustment: £ 8,163.29
Minus mis-sold PPI remaining within the current loan balance: £2,002.24
New balance: £15,986.79 divided by 176 months (Jan 19 to Aug 33)  = £ 90.83 a month 

 

You have been made very aware that my account balance is the result of a series of rewrites, originating with loan no  624851 which commenced in October 2001 

 

Also Loan 2320257 which commenced in Oct 2006 was secured by a legal charge on my property, which was registered at the same time and remains in place.

To complete the picture, the other loan numbers are: 

Loan   51 - commenced 11/10/2001
Loan   69 - commenced 10/03/2003
Loan 78 - commenced 31/03/2005
Loan 16 - commenced 14/07/2005
Loan 57 - commenced 31/10/2006
Loan 03 - commenced 03/04/2007
Loan 61 - commenced 05/10/2007
Loan 84 - commenced 30/08/2008

 

The conduct of Welcome Finance is what has incurred any balance in the last loan. The result being an ongoing Unfair Relationship and the unjust enrichment on their behalf. 

 

You have access to the historical transaction activity that has created the current account balance, which means that you can verify that there has been many fees and charges applied (and their respective amounts), which currently make up part of the balance. All of which need to be deducted from the loan balance. 

 

In view of the above, when you respond to this letter and when all historical fees and charges are corrected and the above factors agreed on.  I will pay the amount due if any for 29th December to you immediately, followed by regular payments of the same on 29th of each month thereafter. Despite the fact that my serious dispute with Welcome Finance, and subsequently with yourselves as the assignee, remains ongoing.

 

Any charges you take it upon yourselves to apply will be recognised by me, as they have no basis in law. Note that, historically, it has been possible to overpay each month, with the excess allocated as a positive arrears balance that could be used to satisfy future minimum repayments when due. I reserve the right to utilise this option in the future too, and may do so from time to time.

 

As for the time limits regarding the complaint I am am not out of time as this complaint started with Welcome Finance after receiving a Subject Access Request In 2016 and as they sold the debt to you in September 2016 mid complaint and  this remains ongoing with yourselves. You should be investigating my claims inside or outside of 6 years. 
 
I am requesting you remove the charge,  write the bogus debt off or give this debt back to the original owners. My evidence regarding the resultant balance  has been clearly submitted many times.  

 

I trust this provides you with a clear outline of my position. If you require further clarity on anything, do not hesitate to write to me and request it.


I look forward to hearing from you in 14 days.

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historic charges/disputes ...making up a chunk if not all of the account balance.

 

I might offer to pay the amount due if any for 29th December to you immediately, 

 

 

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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Shall I add this in 

 

You should be investigating my claims inside or outside of 6 years. 

 

Not continuously using delaying tactics by not responding to any letters I have sent to you in the past 2 years in a timely manner or answering questions relating the issues surrounding this bogus debt 

 

And maybe this 

 

39 months have passed since January 2016, which equates to £ 4,167.15 With the PPI refund of £8,163.29 (inc. interest), the account is currently in credit by the amount of £ 3,996.14. This is the equivalent of just over 37 monthly payments, based on the above. This factor was also agreed by District Judge in a previous hearing. 

 

And shouldn’t the 12 year rule apply in this circumstance Cos loan was changed from CCA to MCD?? it’s now classed as a mortgage not a secured loan. 

 

Maybe there’s something I can put in to do with this 

 

Am I right in thinking about the limitations being 12 years

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id keep throwing the kitchen sink in yes.

 

I know andyorch said something about secured loans/mortgages today I think

 

let me go look ...bzzzzzzttt..

 

 

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’ve found it but not sure if relevant to me and this situation. 

 

We all know they wont be in a hurry to reply to this letter..

 

shall I invite them to take me back to court??

 

I am requesting you remove the charge,  write the bogus debt off, give this debt back to the original owners or take me back to court and let a judge sort this sorry state of affairs out once and for all. My evidence regarding the resultant balance  has been clearly submitted many times.  And still you are unwilling to address my concerns  

Edited by cruzhughes
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Another thing about this 12 year rule that concerns me is that legal charge was dated 2006? 

 

Dx im going to send you the finished draft. Want to get this off today if possible. Is there any legal bumf I can put in there? 

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The conduct by Welcome Finance whilst being the owners of this account leaves a lot to be desired. Any balance incurred within the last loan is result being an ongoing Unfair Relationship and the unjust enrichment on their behalf dating back to the first loan.

 

 

The link between the last 2 loans clearly show that there was no benefit gained by myself as the last loan rewrote the full balance of the loan before  it including fees and charges for  an extended term with more Ppi and fees added creating a higher outstanding balance taking it to well over the 25k threshold  around 31 emotion be precise. It was rewritten solely for the benefit of welcome finance and for their own financial gain. 

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  • 1 month later...

Still all quiet with me. However another letter received from Prime reviewing complaint dated 11th April should have a response mid June!,

 

Im going to make a start of listing all my letters and the date they actually responded to each one..  months and months later.

 

Should look good if I ever do end up back in court. As a don’t think taking well over 2 months to respond to  is going look good on them. Not forgetting the ones they didn’t even respond to.. 🤣🤣🤣

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Prime Log Since court case 
2018

19th July
•    Me 1st Complaint Account In Serious Dispute Letter 
3rd Aug 
•    Prime Annual Statement 
5th Sept
•    2nd Complaint Account In Serious Dispute Letter 
25th Sept 
•    Prime Quarterly Statement 
10th Oct  
•    3rd Complaint Account In Serious Dispute Letter 
30th Oct
•    Prime Response 
8th Nov
•    4th Complaint Account In Serious Dispute Letter 
28th Nov 
•    Prime Overdue Amount Letter 

2019
4th Jan    
•    Prime Overdue Amount Letter
13th Jan  
•    Prime Overdue Amount Letter 
15th Jan  
•    Prime Quarterly Arrears Statement
22nd Jan  
•    Prime Overdue Amount/ Instructed Field Agent 
24th Jan  
•    DMS Field Agent Handposted Letter
26th Jan 
•    5th Complaint Account In Serious Dispute Letter
27th Jan
•    6th Complaint Account In Serious Dispute Letter Re DMS Call 
•    My Reply to DMS

12th Feb  
•    Prime Acknowledgment to complaint 
27th Feb 
•    Prime Overdue Amount/ Instructed Field Agent 
5th March 
•    Prime Still reviewing complaint 
28th March 
•    Prime Response
11th April 
•    7th Complaint Account In Serious Dispute Letter 
16th April 
•    Prime Quarterly Arrears Statement
20th May
•    Prime Still reviewing complaint 

 

 

 

 

Edited by cruzhughes
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  • 2 weeks later...

Prime Log after debt purchase
2016

First contact wrong address

14th Dec
•    Prime Overdue Amount

2017

2nd Feb 
•    Excel Field Agent Handposted Letter
8th March 
•    Me CCA Request/Debt In Dispute Letter
17th Mar
•    Prime Acknowledgment to complaint 
17th March 
•    Lightfoots  LBA
24th Mar
•    Prime requesting £10 for Subject Access Request  
25th Mar
•    1st Complaint Account In Dispute Letter 
29th Mar
•    2nd Complaint Account In Dispute Letter 
4th April 
•    Subject Access Request 
4th  April 
•    Prime Acknowledgment to complaint 
7th April
•    Prime Still reviewing complaint 
24th April 
•    2nd Request for information Re Repossesion Claim
17th March 
•    Lightfoots  LBA
24th Mar
•    Lightfoots Issue Possession Claim 
27th Apr
•    Lightfoots Possession Claim request hearing is adjourned with liberty to restore Prime reviewing account
4th May 
•    Prime Response  
15th May 
•    3rd  Request for information Account In Dispute Letter 
24th May
•    Prime Still reviewing complaint 
24th May 
•    1st Hearing Possession Claim 
General Form of Judgement or Order Adjourned 
2nd Jun
•    2nd Subject Access Request 
7th June 
•    Prime confirming missing refund from Welcome Finance 
12th July 
•    Lightfoots threatening Legal proceedings 
21st July 
•    Prime Statement removal of fees and PPI refund 
26th July 
•    Prime Restored hearing date set for 21st Aug
29th July 
•    4th Complaint Account In Serious Dispute Letter 
11th Aug 
•    Lightfoots Possession Claim request hearing is adjourned with liberty to restore Prime reviewing account
21st Aug
•    2nd Hearing Possession Claim D
•    General Form of Judgement or Order Adjourned with liberty to restore strike out date 20th Aug 2018
30th Aug 
•    Excel Field Agent Handposted Letter
30th Aug
•    5th Complaint Account In Serious Dispute Letter
4th Oct 
•    Prime Still reviewing complaint 
10th Oct 
•    Prime response
17th Oct
•    6th Complaint Account In Serious Dispute Letter
6th Nov
•    Prime response
11th Dec 
•    Prime instructing solicitors to start legal proceedings  
12th Dec
•    Lightfoots threatening Legal proceedings 
23rd Dec 
•    Prime hearing date set for 16th Jan 

2018
16th Jan
•    3rd  Hearing Possession Claim 
•    General Form of Judgement or Order file defence and counterclaim 
24th Jan
•    Prime hearing date set for 26Th Mar 
21st Feb 
•    Lightfoots Possession Claim reply to defence and reply to counterclaim

14th Mar
•    Lightfoots Possession Claim amendment 
21st Mar
•    Notice of hearing application 
26th Mar
•    4th  Hearing Possession Claim 
•    General Form of Judgement or Order Adjourned to 15th June 
15th June 
•    5th  Hearing Possession Claim 
•    General Form of Judgement or Order file Claim/counterclaim, no costs after 7th June 2017 dismissed Pay LIP costs 

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As you can see from the above I’ve only had 5 responses in over 2 and 1/2 years  to 14 account in serious dispute letters. 🤔🤔😂

 

Copious ones threatening and requesting money that the figures don’t balance mind 

Edited by cruzhughes
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  • 3 weeks later...

I’m back in the room.. 

 

Not received a response to March letter which the told me I should hear something by 18th June. 

 

But i have received this dated 17th June. Looks quite weak and pointless to me and they seem to have omitted what happened in court and that I have tried for years to come to an agreement but they don’t reply to questions asked. Muppets  😂😂

 

whats your verdict?  

Prime_17th_June_.pdf

Edited by cruzhughes
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I thought the claim was latterly dismissed with no right to restore...not put on hold …??

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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Nothing was put on hold. 

15thJune 18

 

It is ordered that 

claim dismissed 

 

counter claim dismissed 

 

the claimant should not be entitled to recover costs under loan agreement in relation to this dispute after 7th June 2017

 

Claimant shall pay defendants costs in 21 days 

 

But I think you may have got confused with this one 

A prior hearing on 21st aug 17 

 

it is ordered that 

 

hearing be adjourned with liberty to restore provided if no such application is is issued but 20th Aug 2018 claim is struck out without further order.! 

 

How on earth can you come to any Agreement when they don’t respond to what you ask them.

they are the ones causing all the problems here.

 

I’ve tried and tried my best to get stuff out of them I can’t.

I’m always banging head against a brick wall. 

 

This incompetence frustrates me immensely  

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  • 3 weeks later...
  • 2 weeks later...

How’s this looking?  Really want to bash my head against the wall 🤣

 

Dear Sir or Madam, 

 

Thank you for your Quarterly Mortgage Arrears dated 16th July 2019

It is noted that once again you have totally disregarded my letters dated 8th November,  26th January and 11th April and have failed to answer the questions put to you. 

 

Since my first contact with you Prime Credit/Alpha Credit Solutions 4 S.a.r.l. back in 2017 my sheer frustration in dealing with your ineptitude grows on a monthly basis.

 

In regard to the outstanding balance you claim is owed 

•    How have reached this figure 
•    Payment schedule 
•    Monthly repayment 
•    Months remaining 
•    End date of loan

 

You state there are arrears on this account and there is a balance outstanding which I totally contest. Yet you remain unable to provide proof or answer simple questions put to you above on numerous occasions. However you continue to threaten rather than actively engage with me. This has been the case from day one. 

 

I have a log of all communication from 2017 to date (enc) which will  confirm your lack of engagement with me on this long never ending saga.  This letter is now 8th Complaint Account In Serious Dispute Letter since the  dismissal of your possession claim against me on 15th June 2018. The delay and context of your 2 responses leave a lot to be desired and still have not provided me with any clarity on this situation. The long list of disputes are being ignored and have been since Jan 2017. Which is unacceptable. 

 

 

Once again I  am requesting you remove the charge and write the debt off or give this debt back to the original owners Welcome Finance allowing myself and them to continue what was originally started with them in 2016, when instead of investigating thoroughly they passed the buck and they sold the bogus debt to you. 

 

Not forgetting to date you have already received a payment of £8,163.29. Take this payment in full and final settlement and close this account down. My evidence regarding the resultant balance has been clearly submitted many times. Thus coming to a simple resolution for both parties, without the need for extensive involvement of the FOS/FCA/ICO nor further Court Cases.

 

I trust this provides you with a clear outline of my position. If you require further clarity on anything, do not hesitate to write to me and request it.

I look forward to hearing from you in 14 days.

Edited by cruzhughes
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last sentence starts with IF  ...

 

if you really must respond, which is what its really about, so don't play to their tune...

 

I would add a line stating that you will gladly see them in court to yet again get this whole thing closely examined by yet another judge and finally force the removal of the charge against the property as the whole debt is subject to either irresponsible lending and/or bogus etcetc

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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