Welcome Finance CCA

[Jamesx81x]

Hi

 

I too am with Welcome Finance. They have sent me a copy of my agreement and i noticed that there was no signature on behalf of Welcome.

 

Mine is present but not theirs! Is this enforceable?

 

Thanks

[120805]

Hi Jamesx81x,

 

Could I please ask you to start your own thread as my husband is about to go to court with Welcome and we would appreciate this thread being kept solely on our problems to save any confusion. Am sorry if this sounds rude or selfish but if you start your own thread then it will make it alot easier for people to help you with your problem and not confuse it with others.

 

Good luck to you with fighting welcome

 

Kind regards

 

120805

[tomterm8]

Hi Jamesx81x,

 

Could I please ask you to start your own thread as my husband is about to go to court with Welcome and we would appreciate this thread being kept solely on our problems to save any confusion. Am sorry if this sounds rude or selfish but if you start your own thread then it will make it alot easier for people to help you with your problem and not confuse it with others.

 

Good luck to you with fighting welcome

 

Kind regards

 

120805

 

What day are you due?

 

Have you seen this? Ordinary Cause Rules

 

Might give you a better understanding of what you face:)

 

 

From what i can see, the sherriff is likely to postpone the hearing for "proof" which is disclosure. You'll get a main court day, and it's likely if charges have been added the entire thing will be stayed.

 

Also, have you recieved any paperwork yet?

[120805]

Hey all, due in court in just over 8 hours and don't have a clue what I am doing...I am thinking of playing on the fact that I never received a brief statement of account in my CCA request nor did I receive the T's & C's. Therefore they passed this debt on while it was in dispute and this should not be allowed, and if they had followed the rules, this would not be in court yet as I am not disputing the debt only the sum??

 

Thanks to all who helped me this far

[rory32]

I am thinking of playing on the fact that I never received a brief statement of account in my CCA request

and if they had followed the rules, this would not be in court yet as I am not disputing the debt only the sum??

That is the cornerstone of your defence. They need to prove the debt in it's entirety. They haven't done this they have just come up with a figure that they state you owe. They need to provide these documents showing all transactions and any charges on the account before the sum can be established.

[120805]

Thanks Rory32, it's good to hear another voice on the matter, am I right in sayng they should have supplied a basic statment of account in my cca request?

[rory32]

Completely correct. The emphasis is on them to substantiate that this is the amount of money that you owe. You are not disputing that you may owe money, just the amount, therefore you have not been able to come to a settlement as they have never proved the amount they state as correct.

[tomterm8]

good luck!

[PriorityOne]

Good luck from me as well....

[120805]

So I am back from court and they have stayed the case for 4 weeks, pending further investigation, but I feel I may have shot mydelf in the foot, as I paniced and phoned their solicitors again this morning, who then phoned the court to ask for an extension, as they had no idea that they were due in court with me today, so I would have won by default...arrgghh!!!:o

[TheAnalyst]

Nightmare ... WHY did you call them again???

[120805]

And so the moment has arrived, and CRASH!!! welcome just bottled it...

 

Dear 120805

 

Welcome financial Services Limited v 120805

Case no: SC***/**

Continued calling date: *th Septmeber 2007 at 10am

 

We write in reference to the above and to previous correspondance in this matter.

 

We note the Defence lodged with court and that the Sheriff has continued the matter for our clients consideration of these. We have now received our client's instructions and comments in relation to these and we are now in a position to try and progress this matter.

 

Our client has considered their position in relation to the balance of the debt, the costs they have incurred to date and the potential for the rising costs of defended litigation. As such, they do not deem it to be commercially viable to proceed in this matter. Notwithstanding any liability by your client, we now have indtructions to cease pursuing this matter.

 

As such, we would propose that the matter is disosed of by dismissing the action on a no expenses due t or by either party basis. We trust this is satisfactory to you.

 

Should we fail to hear from you by *****day, we shall simply instruct our agents to appear at the continued calling date and seek dismissal of the court with no expenses due to or by either party.

 

This letter is sritten entirely without prejudce to our clients' whiole rights and please and may not be founded upon in any court proceedings to following hereon to our clients

 

Yours faithfully

 

 

 

Irwin Mitchell Solicitors.

 

 

 

So does anyone know what to be fronm here.

[tomterm8]

And so the moment has arrived, and CRASH!!! welcome just bottled it...

 

Dear 120805

 

Welcome financial Services Limited v 120805

Case no: SC***/**

Continued calling date: *th Septmeber 2007 at 10am

 

We write in reference to the above and to previous correspondance in this matter.

 

We note the Defence lodged with court and that the Sheriff has continued the matter for our clients consideration of these. We have now received our client's instructions and comments in relation to these and we are now in a position to try and progress this matter.

 

Our client has considered their position in relation to the balance of the debt, the costs they have incurred to date and the potential for the rising costs of defended litigation. As such, they do not deem it to be commercially viable to proceed in this matter. Notwithstanding any liability by your client, we now have indtructions to cease pursuing this matter.

 

As such, we would propose that the matter is disosed of by dismissing the action on a no expenses due t or by either party basis. We trust this is satisfactory to you.

 

Should we fail to hear from you by *****day, we shall simply instruct our agents to appear at the continued calling date and seek dismissal of the court with no expenses due to or by either party.

 

This letter is sritten entirely without prejudce to our clients' whiole rights and please and may not be founded upon in any court proceedings to following hereon to our clients

 

Yours faithfully

 

 

 

Irwin Mitchell Solicitors.

 

 

 

So does anyone know what to be fronm here.

 

I would personally phone up their soliciters, accept their offer but state you will turn up to the hearing unless you hear confirmation from the court.

 

Make sure, until you hear confirmation from the court, that you go to the hearing as normal.

 

Can you PM me with the date / time of the hearing?

[120805]

Hi all,

Been a long time since ive posted on here so dont know if anyone will get this message.

To save time on reading the whole thread ill give a quick run down. We CCA'd Welcome and they didnt provide us with the docs that we asked for. Welcome then took us to court and later dropped the case and the court dismissed the case claiming no money to be due by either party for here on in. Well all this was 1 year ago. Since then Welcome has been passing the debt around (yes the one that a judge said no more money due to) and they are still updating the credit report.

 

The problem that we are having is this debt was dismissed at court and Welcome refuse to update the credit file to balance satisfied. We have sent the letter of dismissal from the court to Welcome complaints department but they still refuse to amend the credit file. What should we do now?

 

 

The letter of dismissal from the court reads-

"The Sheriff dismissed the action against the defender and found no expenses due to or by either party. This extract is warrant for all lawful execution thereon."

[postggj]

ime afraid ime not much on scotish law

 

when i took welcome to court the judgement was that i was not indebted in respect to any financial agreement with welcome

 

i would send a copy of the judgement to the cra

 

this is a court order, like mine, so welcome have no say in it

[120805]

Thankyou for your response. We did phone Experian but they told us to get in touch with Welcome but I think writing to Experian and enclosing the dismissal letter is the only thing left to do.

 

Did you get your credit report updated to balance satisfied?

[120805]

Just sent an email to experian asking them to remove all negative entries from Welcome from Sept 2007and mark as balance satisfied. I also reminded them that refusing to give accurate details on my credit report is enough grounds for me to sue the creditor and them. Ive asked for them to update my credit report immediatly and respond to my email with a full explanation of what actions they have taken to resolve this matter. Hopefully ill hear back within the week, Experian are usualy quite quick at dealing with emails. I also scanned the court dismissal letter and attached it to the email and gave permission for them to phone the court and confirm the attachment if they need to.

[postggj]

like i said

welcome have no say in it

 

with me,

i had the default removed, and all account info

 

mind you, that was in my poc

 

if the order states you owe welcome nothing, then end off

 

which dca are hounding you

they to are in violation of the court order

[120805]

:evil:Am going out my mind with this. Am I missing something coz I thought a Sheiffs dismissal was quite self explanitary?!

 

So I emailed Experian to get Welcomes debt marked as satisfied. Heres the email that I sent -

 

Hi,

 

My credit report is holding inaccurate infomation relating to entry number ** on my credit report. The creditor is Welcome Financial. This debt was dismissed at court last year with no money to be due hereon with effect from the 24th of September 2007. Clearly Welcome are still tampering with my credit report when they shouldnt be. I have asked Welcome to remove themselves from my report and mark the balance as satisfied but they have refused to do so. I am now asking you to do this for them? I am sure you are fully aware a Sheriffs desicion cannot be over ruled by a creditor or a credit reference company and refusal to give accurate details on my credit report is enough grounds for me to sue both yourself and the creditor. Please could you update my credit report immediatly as balance satisfied and remove all negative entry from September 2007 as they should of stopped tampering with my report at that time.

I have scanned a copy of the court dismissal letter and attached it for you to this email. The dismissal letter also includes the case reference number so you can phone Dunfermline Sheriff court for confirmation if you need to and take this email as written permission to do so.

If you need to contact me my house number is ****** and my mobile number is ******. Could you also reply to this email with a full explanation of actions taken to resolve this matter. Thankyou.

 

And this is there response -

 

 

Thank you for your email, which we received on 28 November 2008.

 

I note your concerns, but would explain that the debt that led to the court decree also appears on your credit report under the credit account section. Both entries are necessary: a decree shows that the case was taken to court and the credit account entry shows how the debt was handled before it went to court.

 

In this instance the decree was dismissed and does not show on your report, however, the credit account entry will remain.

 

If you feel that this account requires further investigation, however, please let me know providing as much background information as you can and I will query the account on your behalf with the company concerned.

 

Kind regards

 

 

 

 

 

We have phoned Experian aswell and they say that they will ask Welcome for permission to update our credit report to satisfied and Welcome have 28 days to respond. Lets be honest though, Welcome just told us last week that they wouldnt amend the credit file so they will most likely tell Experian the same.

 

 

Can Experian still allow Welcome to update our credit report after a courts dismissal?

 

Am totaly beat by all this and dont know what to do now. Does anyone have any suggestions? Really need this sorted out fast as its costing us money every month on private rent and we cant buy our house till this is sorted.

[120805]

Does anyone have any ideas on whether Experian and Welcome are allowed to refuse to mark the balance as satisfied on my credit report?

 

Thanks