Welcome Finance - Statute Barred? PPi claim rejected but now chased by EOS. Please help...

[Maudymumfuzz]

Hi again, 

I was going through some old paperwork at the weekend and found the WFS documents, with the PPI deadline looming i thought i would look back at where we up to with it all and then remembered this thread.

 

I did call the FSCS back in January '17 but they advised me to communicate in writing

- i explained no one had responded etc and I wrote yet again but had no reply!!! 

 

So - as we are where we are - is it worth writing to them again do you think?

Or is there someone else we can complain to?

An Ombudsman etc for instance? 

Thank you

 

Maudy

[dx100uk]

ring the fscs and ask what is going on.

[Maudymumfuzz]

Ok thanks I'll give it a whirl 

[Maudymumfuzz]

Hi all

Apologies for the delay in posting since last time but I have recently had an ‘unwelcome’ communication regarding ‘Welcome finance!’ after quite some time!

 

It’s a long time since we made payment on this account – well over 9-10 years I am almost certain. (checking my PPi spreadsheet for date info the last payment was made in 2007).

 

As you will see I made a PPI claim to the FSCS which was rejected on the grounds that we owed Welcome more than PPI claim, however the debt had been sold on and after seeking the groups advise I wrote to them and said that a PPI reclaim could not be paid to a 3^rd party debt buyer or DCA etc but it got me nowhere – I literally had no response at all!!

 

I was surprised to find two letters (one each for myself and my partner as it was a joint account we held with WFS) when we returned from a short break visiting family,

 

the first letter was rather cryptic and asked that we contact a company called EOS Solutions UK, it reads as if they have traced us by a credit search

– this in itself is a little odd as WFS have been kept up to date with address changes, we haven’t changed address for some time now.

 

The second set of letters (also one each for myself and partner) refer to a previous Notice of Assignment letter (which we have not received!) and this letter states that EOS now have ownership of the debt since 11/07/19.

 

Goes on to say that Welcome have made attempts to clear the balance etc

– which they haven’t as we haven’t heard from them for years!

The PPI claim was done via the FSCS as Welcome were no longer dealing with the claims!

 

My question now is

– we obviously haven’t made any payment on the account for a very long time.

Is it now considered Statute Barred?

If so, why would they contact us like this now?

 

Can anyone help or advise on what we need to do?

I really didn’t expect to hear from these cowboys again   

- I have had the entire house upside down looking for my paperwork this evening and I finally my other half located the entire lot of it this morning! I would really appreciate your help.

 

Thank you
Maudy

 

 

[dx100uk]

EOS don't buy debts.

who are their stated client.

 

dx

 

[Maudymumfuzz]

Hi dx100uk

The opening line of the latest letter reads:

 

‘As we advised you in the recent Notice of Assignment letter, we now have ownership of your debt that was originally owed to Welcome Finance.’

 

We have never received any such letter, and it then goes on to show the various payment options…

 

Thank you for taking the time to reply. I really appreciate it.

Maudy  x

[happycaravan]

Is that the info you need dx100uk? Or do I need to look somewhere else? Apologies if I’ve got the wrong end of the stick...

[dx100uk]

actually I was thinking of another lot as EOS don't often pop up with regard to welcome.

if you last made a payment to 'whomever' regarding this debt more than 6yrs ago

then if you've moved in recent times 

it might be prudent to send them our SB letter.

 

dx

 

 

[Maudymumfuzz]

Thank you for the reply - that was my first thought (I was successful regarding a Barclays Bank account using one of your templates a while back) 

 

I hadn’t actually heard of EOS before ... but aside from not really understanding why they’ve chosen now to send this... my worry was while we definitely have not made any payment on the account for well over 10 years, can they dismiss the statute barring as we have in effect contacted the FSCS to make the PPI claim? If that would count? 

 

Sorry for all the Q’s...

[dx100uk]

No its only payments by you effectively

[Maudymumfuzz]

Ok that’s great thanks so much I’ll get the SB letter sent out tomorrow. 

 

 

[Maudymumfuzz]

Hi dx. 

So i sent out the SB letter as advised (1 for each of us as they had sent us a letter each) and i have proof of delivery for 26/09. Yesterday I got home to find a letter entitled 'Debt Recovery Process' asking us to contact them... blah blah etc.. 

What do we do now? 

 

Thank you 

 

[dx100uk]

nothing.

 

dx

[Maudymumfuzz]

Ok, can they impact our credit files at all? We have worked hard to restore them to a degree where we can apply for a mortgage to buy the house we live in and I wouldn't want anything to prevent that - certainly not 'these'. 

 

Thank you

[dx100uk]

would have been defaulted years ago so well off the credit file retention calendar.

 

dx

 

[Maudymumfuzz]

Sorry for all the questions... Can they only a debt default once? I cant see any reference to this on my credit file even though they say they took over in July.

[dx100uk]

a debt buyer cannot ever issue a default notice

only the original creditor can

and they did that more than 6yrs ago so..

 

The Information Commisioners Office says:
.
All references to a defaulted debt must be removed from your credit files after 6 years 
has passed from date of default, whether paid off, paying now or not. 
.
{the WHOLE ACCOUNT WILL VANISH, never to return}.
.
{however, this does not mean the debt itself is not still owed
consider a CCA request.}
.
This is so that someone who continues paying something 
- even after 6 years from default 
- should not be at a disadvantage to someone who pays nothing after default 
and ends up with a clean file after 6 years. 
.
NOTE: {the bracketed text is not Information Commisioners Office guideline but my advise]