robbersway and welcome debt - now resolvecall - proposed reconnection visit

[dx100uk]

I didn't say sar

[exeterbay]

I didn't say sar

 

Sorry my mistake! CCA? What's that?

 

Much appreciated dx thsnks

[dx100uk]

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.

[exeterbay]

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

[dx100uk]

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

[exeterbay]

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?

[dx100uk]

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

[exeterbay]

yep i have the annual statements,

[dx100uk]

did you get stung for any PPI or anything

 

will be listed in the first statement.

 

dx

[exeterbay]

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!!!

[dx100uk]

ok

 

ithink its time we got that sar from welcome

 

dx

[jooshy87]

mine got sold on to lowell and they hassled the **** out of me so ended up giving them £25 here and there to keep them quiet. not sure i should have but looking into it at the moment.

[exeterbay]

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!!!

[dx100uk]

std crap

 

did you send the sar?

 

dx

[exeterbay]

hi dx,

I haven't sent SAR or CCA yet as been on hols and planned to do it now i've returned! who is it best to contact? SAR welcome or CCA mkrr?

[dx100uk]

yes

 

sign SAR

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

 

don't sign CCA

use blank £1 PO

[exeterbay]

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.

[dx100uk]

correct

sar to welcome

 

a cca request to mkrr

[exeterbay]

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?

[dx100uk]

nothing

 

they know the score

 

dx

[exeterbay]

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?

[dx100uk]

until/unless they find an enforceable CCA

 

you do nowt.

no cca - no pay

 

they know that.

 

lots of threads to read here

 

dx

[BRIGADIER2JCS]

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.

[exeterbay]

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,

[dx100uk]

can you scan up the agreement and the statements

 

lets see

 

dx