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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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robbersway and welcome debt - now resolvecall - proposed reconnection visit


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I didn't say sar

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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read the click link

 

to demand money from you

they must hold a copy of the CCA

 

don't tell them anything

like you have it.

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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Thanks dx.. i'm gonna play devils advocate here a sec...

 

OK so if i CCA them wouldn't it only confirm to them that i live here?

and if they do send the agreement what good would that do if the default notice is wrong

and the agreement has no total amount payable etc.anyhow?

 

If they cant produce any docs is that game over too?

 

Is the fact the default notice is wrong a watertight legit get out clause?

and the details missing from the agreement?

 

thanks

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you credit file already tells them you live there

 

they need the agreement IF they ever goto court

or demand money.

 

invalid default, no agreement ...no court.

 

there is something wrong with the debt for it to be sold

 

my hunch goes with the outrageous interest

 

and

 

Default notices, litigation and section 127(3) of the Consumer Credit Act

July 2010

For a creditor to enforce a credit agreement against the debtor, he must serve the latter with a default notice, this notice must be served in accordance with section 88 of the Consumer Credit Act 1974 (CCA).

Generally, the prescribed form of a default notice according section 88 is as follows:

"The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;

(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

© if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid."

Section 127(3) of the Consumer Credit Act 1974

Should the debtor be sued for the outstanding amount, it may be open to the debtor to raise an argument that the agreement is unenforceable because it does not comply with the requirements of the Consumer Credit (Agreements) Regulations.

Agreements executed before 6 April 2007 are subject to sections 127 (3) & (4) of the Consumer Credit Act 1974 ('CCA'). Agreements entered into after that date are not by operation of the repeal under the Consumer Credit Act 2006.

The effect of sections 127 (3) & (4) truly displays the paternalistic nature of the CCA, in that where a breach of a prescribed term under regulation 6 and schedule 6 to the Consumer Credit (Agreements) Regulations 1983 is found, the agreement as a whole will be irredeemably unenforceable.

In other words, the lender cannot enforce the agreement or realise any surety under that agreement; the debt in effect is written off.

Regards

A

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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so.. if the default notice is incorrect/unenforceable then it should never have been issued?

 

does that mean i can request it be removed from my credit file?

 

i also have the annual statements,

 

can i claim anything back such as letter charges, etc o

 

r should i just settle for getting rid of the debt?

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urm.. i'd not be greedy at this point.

 

theres not point in the CCa for now.

 

so you have all the welcome statements?

 

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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did you get stung for any PPI or anything

 

will be listed in the first statement.

 

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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did you get stung for any PPI or anything

 

will be listed in the first statement.

 

dx

 

Hmm

 

now the first statement I have is dated September 2008

but I took the loan out in January so maybe I'm missing one?

 

The initial loan amount is not far off the amount on the September statement

so doesn't look like ppi on there,

I did tick the box to say no ppi anyhow.

.. If that makes a difference!!!

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ok

 

ithink its time we got that sar from welcome

 

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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  • 2 weeks later...

Hi

Just got back from holiday, not even had chance to SAR Welcome or CCA mkrr since our last conversation and i had the attached letter waiting for me.

What is the best course of action now please?

 

Thanks

 

now uploaded as PDF!!!

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std crap

 

did you send the sar?

 

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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yes

 

sign SAR

if you've moved inc old AD and a copy of ctax

 

don't sign CCA

use blank £1 PO

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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OK, so i'm SARing Welcome?

 

i have moved and they never caught up with me at this address,

 

only mkrr have found me.

 

Will this matter?

 

i need to sign the SAR and include council tax for proof?

 

CCA to mkrr, do not sign? and send blank po £1.

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correct

sar to welcome

 

a cca request to mkrr

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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  • 1 month later...

nothing

 

they know the score

 

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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nothing

 

they know the score

 

dx

Ha! Did they think 'game over' when they saw my request? I'm I right In thinking if they take longer than 7 working days it's unenforcable? Why do you think they haven't replied?

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until/unless they find an enforceable CCA

 

you do nowt.

no cca - no pay

 

they know that.

 

lots of threads to read here

 

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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Update--- sent a CCA to MKRR on the 19th May recorded delivery, confirmed delivered on the 20th May, Come back from holiday today and there is no CCA waiting for me! What now?

The time scale is 12+2 Working Days, excludes Bank Hols and weekends.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just received SAR request back from Welcome,

 

very difficult to read agreement,

no sign of the default notice,

 

and reams of 'siebel' (must be their operating systems name) data.

 

Heavy reading/decifering!

 

One thing I have noticed is the acceptance fee and broker fee have been added into the monthly payment!

 

Broker fee total is £750.00 but over 180months = 12.73x180= 2291.40

and acceptance fee total is £235 but over 180months is 3.99x180= 718.20!!!!!!

 

What do I need to look for in all of this?

 

I'm unsure and don't want to miss a thing,

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can you scan up the agreement and the statements

 

lets see

 

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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