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Robinson way statute barred dodgy tactics

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Hi all.

 

I had a vehicle repossessed from Welcome just over 2 years ago.

Since then I have heard nothing from welcome. No letters, no phone calls.. nothing.

Saying that, I have moved address but am on the Electoroll roll so im not hiding.

 

The problem I have is that I am hoping to apply for a mortgage and with a default from welcome on my credit file its going to be difficult, and most probably very expensive.

 

The default on my credit file is showing at £9600, yet the car was only purchased for £5500.

I had made almost 2 years of payments before my circumstances changed and I defaulted.

 

It would appear to me that there has been some very excessive charges added onto this account.

After all, 2 years of payments of around £200 a month.

. plus they had the car back surely would leave a balance less than £9600?

Oh, and im almost sure I didnt pay for any PPI.

 

I want to SAR them, but I have zero paperwork to hand.. I just cannot find it anywhere!

So I have no idea of account/agreement numbers.

Is there a way I can do a SAR without this info?

Thanks

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Hi,

 

Sending the SAR with your name and address at the time you opened any account with them should provide enough information for them to satisfy your SAR.

 

Regards.

 

Scott.


 
 

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Thread re-titled


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Does the balance seem a little odd to you?

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Most of that will be made up of additional charges and intereste on top of that.

 

How much had youi paid of when the vehicle was reposessed?

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I made 19 payments of £253.

So thats a little under £5000

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Get the SAR sent off as soon as you can and lets see what comes back.

 

Be interestind to see the statements.

 

Did you have any insurances added to this agreement that you are aware of?

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I got into terrible financial mess about 4 years ago and defaulted on a £2000 loan (paid approx 2 years of the 3 year term) and had a car repossessed from them (7000 loan... Paid about 2 years of 4)

 

Now I'm back on my feet again

I want some advice on how I could tackle these defaults as they are seriously (and quite rightly) causing me huge financial negatives.

 

The defaults are on my credit report but the balances are very strange to me.

The £2000 loan shows a default of £3500 and the car loan a balance of just over £9000.

 

I have had zero correspondence from welcome since the default (I have changed address) so no DCA letters or anything.

Although I did receive a demand for payment from cattles regarding the hire purchase a couple of months ago.

Any ideas on my best way forward with this?

Any help/advice welcome!

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suggest the first thing you do is make a data subject access request (sar) to welcome asking for all information they hold on you and all information relating to these two accounts.

This costs £10 and they have up to 40 days to comply but could prove very useful.

On receipt you should be able to go through the accounts with a view to reclaiming penalty charges, and any ppi style insurance charges that have been wrongly sold/applied.

Welcome are unable to service any ppi claims but these insurance issues are dealt with by the fscs as of earlier this year so a claim can be made.

What were the circumstances of the repossesion? Voluntary surrender, voluntary termination or just a repo and did you sign anything/ agree to the vehicle being repossesed?


As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Double-check that both accounts are still with Welcome and have not been sold on. Keep a print out of the current status with the CRAs.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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The car was a straightforward repossession... Tho nothing was signed or even seen when it was repossessed.

I had written to welcome to offer a voluntary surrender, but I never had any response of any kind.

How could I check to see if the debts have been sold on?

I'm almost 100% sure there was no PPI, but I could be mistaken.

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believe me you will have charges and insurances

 

just wait the sar return

 

insure you include a line in the sar that says:

 

the sar is to include copies of any agreements i have ever had with you and details of any associated insurances of whatever kind.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Your Credit reference report should show if Welcome still own this, if sold on the purchasing company would normally take over the entry under their name. A SAR to Welcome should get to the bottom of what has happened to this although they are not brilliant at responding to these. Send SAR to

 

Welcome Financial Services Ltd,

Ruddington Fields Business Park,

Mere Way,

Ruddington,

Nottingham,

NG11 6NZ


At your Service

 

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You say you have moved - if you write to Cattles/Welcome with your new address or do a credit check and provide your new address it will create a link. Just something to consider..

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They must already have my address on file as I did receive a letter from welcome/cattles regarding the car finance.

If the SAR request reveals charges etc... Am I in the driving seat regarding getting the defaults removed? Or is it a case of just the balance will reduce but the default remains?

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That is a difficult one. I would say that if the charges which are subsequently removed form a significant part of the debt then they should remove the default. In practice you can sometimes find yourself screaming as loud as you can and still they ignore you. If that happens your options are either (a) the Information Commissioner or (b) if you end up taking them to court for the default charges add on to that the removal of the default as part of your claim. There is guidance elsewhere on the forum.

 

My credit file is looking very green these days but it wasn't previously and what I discovered is what many have found - the finance providers and credit agencies do whatever they feel like and taking them on is very difficult indeed.

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They must already have my address on file as I did receive a letter from welcome/cattles regarding the car finance.

If the SAR request reveals charges etc... Am I in the driving seat regarding getting the defaults removed? Or is it a case of just the balance will reduce but the default remains?

 

The default would, in all likelihood, still remain as the default is a record of the failure to adhere to the terms of the agreement. Further to this, the total balance outstanding on an account does not form part of the mandatory information required on a default notice. The only mandatory financial information required on a default notice is the amount that is required to be paid to clear that default notice, and the period of time in which to do this.

 

Your first step should be to follow Jasper's advise and perform a SAR to obtain all the relevant documentation from the Finance company. This should include copies of the default notices, termination notice and the statements of accounts. If you then post the relevant documentation back here, there are some invaluable experts on here that can analyse the documents and spot any 'chinks' in their armour that may further your cause.

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Hi,I had 2 loans with welcome in the past

... I defaulted on both and now want to know the best thing to do to move forward.

 

 

Loan 1 - £2575 - Paid 20 months at £136 per month. defaulted.

Credit file shows default and that the balance is £3417

- Default with drop off Dec 2015

 

 

Loan 2 - Car finance (since repossessed) Opening balance £12160. Paid £25

3 for 17 months before car was repossessed.

 

 

Credit file shows default and balance of £8280

- Default will drop off in april 2014

 

 

These debts have 'disappeared' in the fact that nobody is chasing me for them at all.

Which kinda leaves me to think I should just wait till the defaults drop off my file and become statute barred.

 

 

However, with these on my file obtaining credit..

and particularly a mortgage is nigh on impossible.

 

 

Credit I can live without, but a mortgage is what I want.

 

 

So....I am in the position of offering reduced full and final settlements on these debts (with the clause that the defaults be removed)

but I am unsure if this is a wise thing to do.

 

 

I know that the balance must include reclaimable charges, and possibly missold PPI but heres my dillemma.

 

 

Do I send SAR requests off.. and start the battle... Or,

Do i leave things as they are and wait till dec 2015?

 

 

My worry is the following..

.Sending a SAR might highlight my debt and they may come chasing (as at present nobody is)

A full and final offer might be rejected,

particularly with the default removal clause

.Any advice?

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If i was you i would let sleeping dogs lie - they will not remove those defaults - and contacting them may re-start the stat barred clock.

 

Is it just welcome who have registered defaults against you? if they are a couple of years old you may still get a mortgage with some firms.

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Hi all,

Way back in 2006 I took out car finance with welcome finance.

 

As many people have on here, my circumstances changed financially and I couldn't afford to keep up payments.

The car was repossessed in 2008 and obviously I defaulted on the loan.

 

Apart from the odd letter here or there,

I haven't had much correspondence from any debt collectors about this debt and the default dropped off my credit file a year or two back.

 

Out of the blue, I started getting letters from Robinson way demanding payment of nearly £8500.

(The original loan was only £6000... of which I paid 2 out of the 3 years of repayments back, plus they got the car back too)

I ignored these letters as I knew the debt was statute barred.

Then i started getting hand delivered letters from them stating a field agent had called to discuss the debt.

 

Finally, one day I was in when this chap knocked on my door.

To be fair, he was a nice fella and looked a bit annoyed with his company when I told him it was a statute barred debt.

He phoned his boss and let me use his phone to speak to him about it.

 

I politely pointed out the facts to which the person on the other side of the phone insisted that it was not statute barred because I had made a payment last year.

I most certainly did not make a payment so I asked him to prove it.

 

Yesterday I get a letter from Robinson way with a breakdown of my account.

And there it is..

according to their data I made a payment of £8 five and a half years ago which means the debt (according to them) is not statute barred.

 

Now I know I did not make a payment. But how do I prove it?

The last payment I made was back in 2008.

 

Has anyone else had this happen to them?

What advice would anyone give for when they come knocking again?

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You don't have to prove anything. It is up to any debt owner to prove their debt is not statute barred and you made the payment. This is not an unusual situation and the £8 has probably just been applied to wrong account.

 

If they write again, ask them to confirm the full details of the last payment on the account e.g date, amount, sortcode/account number/payee or the full debit or credit card details used for the payment.


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Ok thanks. Will do.

I

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just remember a DCA ARE NOT BAILIFFS

you should not of entertained any of them.

 

 

usual phantom payment spoof.

nothing new there.!

Edited by Andyorch
edited

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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five threads merged and moved to the welcome finance forum.

 

 

shame you never did what you've been told to do on everytime you started a new thread about it....

 

 

SAR THEM AND GET RECLAIMING.

 

you'd have £1000's in your pocket by now if you had.

 

its p'haps too late now.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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