Needing Some Advice lewis/welcome finance

[velozdelnorte]

We agree, we dont know where we will be in 6 years time. I want to pay the minimum, and am willing to do that, would i just post it to them with my ref number or wait till i see what happens after i request the CCA. I also owe 500 on a CC, with westcott, and they agreed £4 per month by DD should i pay that as its a CC or is westcott also the same ? ask for the CCA ?

[mr.ton]

I never said do not pay them, i have said all along to pay what you can etc...so dont dare anyone accuse me of that like i have been in the past

I did specifically say that if nothing as been paid so far, then just request the CCA - but until then, i did state all along to just continue with the payment plan etc..

[IdaInFife]

its up to you but they have 12 days to respond to the cca anyway

 

yes you can so the same with wescot

 

 

you can also claim back any unfair charges as well to reduce the balance if needed

 

Other Institutions - The Consumer Forums

 

ida x

[IdaInFife]

DO NOT PHONE THEM.

With respect..this is what happens if you start entering into payment arrangements with DCA's. i think this would read not too

They have no legal authority to money off you whatsoever, only a county court does. and this as well

They then see you as a cash cow & will use whatever methods they can to intimidate & squeeze more money out of you.

If this clown ever shows his mug again, then tell him to get lost or you will call the police.

Refuse to answer security questions if they ring again & DO NOT set up a direct debit ever.

 

 

ida x

[velozdelnorte]

ok so ill send both the CCA request, what Happens after the 12 days ? £and i agree you did say pay. I think the westcott i will pay the £4 and request the CCA. The others no wait and c what happens.

[mr.ton]

ida x

 

 

I note that you didnt highlight the bits were i did say to carry on paying them/stick to the current payment plan etc...

The bits about DCA's having no powers & DCA's messing people around is very true - you know that full well Ida.

Edited October 13, 2009 by mr.ton

[IdaInFife]

as mr ton has said stick to your payment plan for the moment

 

ida x

 

 

no but i did agree earlier

[mr.ton]

Stick to the payment arrangement that you have at the moment.

 

Here you go

[mr.ton]

So let me get this straight...you havent actually paid anything yet??????

If thats the case, then do not pay a penny & just send off the CCA request along side all the other advice we've gave you.

 

This was the only bit i mentioned about not paying & that was only on the basis that nothing had been paid so far and so as to CCA them 1st etc..

Im hardly telling the OP to just not pay anything for the sake of it

[velozdelnorte]

ok im going to send off for the CCA and get back to you, thank you for all the help ... ill be in touch

[ukaviator]

Velozdelnorte

 

I hope this helps as you may end up getting confused and making a mistake.

 

Please be aware that the advice on the site is NOT meant to avoid the debt you may actually owe, but to make sure the money is paid back to the original creditor. You require proof that the debt is genuine and not someone else's debt for instance.

 

Always do everything by letter. This creates a paper trail you can refer to if things get messy. If there is a debt to pay then make sure it's on your terms at your own pace.

 

Under the Consumer Credit Act 1974, you are entitled to a true copy of your agreement. This is your right under section 77(1) and section 78(1) of the Consumer Credit Act 1974, and upon your request they have to send it.

 

You enclose a £1 postal order which is the Statutory Fee under the Consumer Credit Act. The copy of the agreement should be sent to you within 12 working days. If a creditor fails to supply the true copy of the agreement within that time period, the creditor is unable to enforce the agreement. After 12 working days the debt is in default, and would remain so until your request is complied with.

 

If you are writing to the debt collection agency, they should have a Notice Of Assignment, which is a true copy of the executed deed of assignment, relating to the original agreement. Their obligation to supply this is under section 189 of the Consumer Credit Act 1974.

 

One thing to remember, NEVER sign letters to debt collection agencies or financial institutions. If they require proof of who you are they can arrange for the documents to be picked up at your local branch.

 

Remember, debts still exist, the original creditor will still pass information about you to the Data companies. If they supply a compliant agreement and Notice of Assignment, then you should negotiate payment to stop things going further, it now becomes damage limitation.

[velozdelnorte]

That brilliant, i agree that i owe the money but to make sure all is above board is just a fair assesment, i do want to try and pay the debt off i ust dont want to be ripped off. I will ask for the CCA and pay the other smaller debt off by standing order as its the smaller and prob a good idea to try and clear one. I am so gratefull for the advice and will be in touch.

 

Thank you and will keep you posted if thats ok

[ukaviator]

Yes keep us posted

[velozdelnorte]

Hi forum

 

Ok received a letter from Engage.co.uk, saying that they are looking for me the name and that a third party traceing agency have found my name at this address,due to credit activity on this address, and that i need to call them asap. If i am not the person to call and be taken off the list. Are they fishing?

 

The problem is that i have been working away abroad and im living with my with my best friend but he's not allowed to have anyone living at his address because of his mortgage, im here temporarily and im worried that if i ignore the letter, should i ignore it ? or face it ? im worried it may get back to him. What should i do, its an old welcome finance debt, Im worried and realise that i need to get help, but i need to change the address they contact me on to my parents address, if im going to resolve the problem, what do you think i should do ? any advice ive read up on her about who they are and what they are trying to do ?

 

Nik

[Abby25]

This is a general fishing exercise - they can't do anything to your friend - so don't worry about that. If it were me, I would just ignore it.

 

Furthermore, you say its an old debt, if the last payment you made was 6 yrs (or more) ago then it is statue barred - game over - then you can safely send the statue barred letter from the letter library and wave them merrily goodbye.

 

Abs x

[velozdelnorte]

Thanks for getting back to me, to be honest i have no idea what or when i paid, i know it was my fault to get into this situation how would i go about finding out where i stand with the old debt with welcome finance, i know i got letters and agreed to pay small sums, then i lost my job and wasnt able to so it lapsed again. I feel like this is something that i do not know how to resolve.. will they continue to send letters to this address or send debt collectors ?

[FORMISTER]

I think Coledog has posted something regarding these clowns http://www.consumeractiongroup.co.uk/forum/showthread.php?289358-engage-who-are-these-guys-(4-Viewing)-nbsp

[Abby25]

The main question is when did you last make a payment ... you must have a rough idea?

 

Or another way would be join credit expert - free trial for 30 days then just cancel afterwards - to see what comes up - if the last activity on the debt was 6yrs or more then it won't appear - if not it will show when the DN was registered - and you wait for 6 yrs before doing anything ..

 

Remember to use the address that you were at when you had the debt, don't put in the address you have now, as that will automatically link you and alert every other creditor as to your new location...!!!

 

They may well continue to send letters hoping for a response, they may well contain threats of debt collectors - but they normally are just threats .. if you do reply to them for whatever reason .... you letter must be headed "I DO NOT ACKNOWLEDGE ANY DEBT" - this will ensure if the 6yrs aren't up, that the DCA can't use your letter as an acknowledgement of debt and start the 6 yr clock again ....

 

Abs x 8-)

[velozdelnorte]

Can you join the credit thing with a debt card ? i tried once before and it would let me with a CC ? i think it was about 3 or 4 years ago, i did make an agreement to pay, but i let that lapse so would that have reset the 6 years ? how else can i get a credit report ?

[Abby25]

Hi

 

The 6 yrs statue barred starts from the last payment made on the account.

 

The account, if defaulted, falls off your credit record 6 yrs after the DN is registered by Credit Ref Agencies.

 

You can join with a debit card, then just cancel within your free period - you have to telephone them - which I did - and there is no problem with them, they will cancel the membership from the date of your call.

 

Abs x

[velozdelnorte]

Ok so its best to ignore it, get a credit report, will this all follow me for the rest of my life ?

[Abby25]

It can only legally be pursued for 6 yrs from the last activity, or the issue of the DN.

 

If you wanted, you could respond to them - offer them payment, request a cca, whatever you want to do, using your parents address as your residence if you don;t want to involve your friends address ... its up to you really ...

 

Abs x

[velozdelnorte]

ahh so after 6 years does the debt effectively wiped clean ? sorry im a bit slow at taking this all in lol thanks for the patience.

[Abby25]

Its wiped clean if there is no ccj registered - which hasn't been repaid at the 6yr anniversary - if there is - the creditor may apply to have it reinstated - they don't always do this - but they have the legal option to do so.

 

If its just a DN thats registered than thats the end of it.

 

Abs x

[velozdelnorte]

So the credit report will show me all of this ? if i ignore it all and dont look at what is against my name, then it wont always just go away ? Would i have known if i had had a CCJ registered ? ie court or a summons ? And a DN is just a non payment or missed payments it then goes into DN ?