welcome finance issues - now MKDP

[Revenant]

The number was withheld. And I think it might be welcome finance because they have telephoned here in the past and witheld their number and we do have car on finance with them. The caller did ask for my husband by name and asked if was out at work all day. We are not expecting any parcel deliveries.

 

Hi Angel

 

Looks like you could be right

 

The regular DPD courier just came to deliver and before he left I asked about them calling prior to delivering

 

He told me they follow the normal process for private address'. . attempt to deliver, maybe call if there's a number given but generally leave a calling card

 

He doesn't know of any time that his office has tried to make contact before the package goes out

 

R

[Angel104]

Well we shall wait and see if we get anything from welcome and if we do then we will report them straight away.

[DonkeyB]

How long ago was this Welcome debt defaulted? Could it have been sold? Welcome sold a lot of dodgy accounts to HFO in 2007, for example.

[Angel104]

I will try and make this short.

 

 

In 2007 we took out a car loan with welcome finance then

 

 

my husband lost his job and

 

 

we hit money troubles so

 

 

welcome got us to sign a loan agreement for a longer period

 

 

we dont have the agreement because

 

 

last year a man from welcome tried to take the car when

 

 

I told him to get a court order he asked to see the agreement and ran off with it.

 

The loan for the car was £10,000.

 

 

We have paid welcome the sum of £8000 so

 

 

a couple of weeks ago Lewis wrote demanding the £10,000 so

 

 

I wrote back and said that we have paid £8,000.

 

 

Lewis now say that when we took out the new agreement it cancelled

 

 

the old one and as far as welcome are concerned we still owe the full amount.

 

 

Now we are bit concerned because they have not taken the £8,000 off that we have paid so

 

 

where has our money gone.

 

 

Should I write to welcome finance.

[firstship]

Angel Hi send a SAR to Welcome and ask for all statements to date and copies of the original agreement and the subsequent agreement.

 

You need the full history for the account to enable you to see how your payments have been applied

 

regards FS

[dx100uk]

moved to the welcome forum

 

and get reclaiming!!!

 

they owe you more than you owe them i bet!

 

dx

[Angel104]

Can someone please advise me what I should do.

 

 

Last week I received a letter from Howard Cohen demanding payment

 

 

I wrote back and said the account in in dispute because I don't owe welcome what they say I owe.

 

 

The letter was sent recorded delivery and I have been to the royal mail website and they did get it.

 

Today I received another letter from Howard cohen saying that as

 

 

they have had no response from me

 

 

they are now preparing legal action.

 

 

On top of that welcome have not yet repled to my S.A.R.

[dx100uk]

ignore and stop writing to these muppets await the sar return

 

dx

[firstship]

Angel Hi dx100k follow this advice,

 

When you sent your SAR and £10 fee did you send it recorded? if so you are aware of how to check that the SAR was delivered to Welcome and who signed for it,they have 40 days to respond

 

Regards FS

[Angel104]

Yes I did send it recorded and they did get it. Its just that I am getting fed up with the threats from howard cohen.

[ims21]

Hi Angel

 

You've told Cohen that the account is in dispute. They have received that letter and if they choose to ignore it then that is up to them. You have created the paper trail.

 

As the guys said above, ignore Cohens and wait for your sar documentation.

 

Certainly do not talk to Cohens on the phone at all.

 

ims

[pdb1980]

Angel104 - I'm pretty sure Cohens are Welscums 'in house' legal team so just ignore them they have little power's over you you have informed that the account is in dispute, you have a paper trail to prove this so don't worry about it.

 

It's a tactic that Welcome use to bully and harass you into paying, if you look on the threads in the welcome forum you will see the tactics they use

[dx100uk]

where are we on this PPI claim?

 

dx

[Angel104]

We are being chased by MKDP for a welcome finance debt which is statue barred.

 

 

Back in 2010 we queried the figures on the default notice that had been sent.

 

 

This morning we had a letter from MKDP saying:

 

Following a further review of the account I can verify that you have acknowledged the account in you correspondence to Welcome finance in January 2010.

 

Also back in MKDP claimed we had paid welcome the sum of £3000. And we replied saying that welcome paid that as a PPI refund and MKDP are also saying that this is further acknowledgement of the account We did say in the letter that we did not acknowledge the debit.

 

My question is this: Where do we stand because this is well over statue barred.

[dx100uk]

thread merged yet again with you existing welcome finance thread

 

please keep to one thread per debt.

 

dx

[dx100uk]

you originally had a car from welcome

 

you hit hard times

 

your OH phoned to reduce payments

welcome arranged another loan for a reduced payment.

 

your OH never signed this loan paperwork

 

the debt is unenforceable.

 

typical welcome finance scenario.

 

if you wish

 

sent MKDP a CCA request.

 

dx

[Angel104]

sorry DX I forgot about this thread. Can I just verify that even though we queried the figures on the default notice. It still stands as statue barred

[BRIGADIER2JCS]

sorry DX I forgot about this thread. Can I just verify that even though we queried the figures on the default notice. It still stands as statue barred

MKDP will have to prove that the letter was "an unequivocal admission of liability". The PPI has no relevance.

 

 

As dx said send them a CCA request.

 

 

I would suggest sending a separate letter to MKDP stating that there claim that you have admitted liability is refuted and it is MKDP that must now provide unequivocal proof that the alleged debt is not statute barred.

 

 

Also state that if such evidence is not provided within 7 working days you will consider the matter closed.

 

 

For information: I am currently dealing with another similar Welcome rewritten agreement that was not signed by the customer a DCA has now claimed that it can "revert" to the original signed agreement, which I believe they cannot do.

[dx100uk]

no they cant.

 

they've tried this before.

 

theres another large thread on this issue with welcome staff

creating new agreements, and signing on behalf of the person on the phone.

 

i'm sure the FSA ruled on one too in their day 7 practically deemed it fraud

 

POSTGGJ posts refer somewhere i'm sure

[Angel104]

This is what MKDP said in a recent letter how should I reply.

 

When you wrote and queried the figures on the default notice

 

we view this as acknowledging the debt.

 

Furthermore when you advised us that a payment made on the account was A PPI refund

 

we view this as further acknowledgment of the debt

 

therefore we do not believe that this debt is statue barred.

[dx100uk]

bowlarks.

 

a ppi refund does not ack a debt

 

neither does querying the level of a DN.

[BRIGADIER2JCS]

How was your query worded when asking or the information?

Acknowledgment in writing Must be unequivocal admission of liability.

Was this done after the debt became SB? If so nothing can change the

status of the debt.

[DonkeyB]

This is what MKDP said in a recent letter how should I reply.

 

When you wrote and queried the figures on the default notice

 

we view this as acknowledging the debt.

 

Furthermore when you advised us that a payment made on the account was A PPI refund

 

we view this as further acknowledgment of the debt

 

therefore we do not believe that this debt is statue barred.

 

Tosh and piffle. Invite them to sue you!

[Bazooka Boo]

Ha ha ha ha ha, that gave me a laugh! Send a 'copy' of that very foolish missive to the FCA, let them see just

how desperate the whole financial industry really is.... brilliant...

[Angel104]

Brigadier

 

 

the debt became statue barred 18 months ago.

 

 

3 months ago MDKP wrote and said that we had paid £3000 to welcome finance last year.

 

 

All I did was write and back and informed them that the amount paid in was a PPI refund paid in by welcome finance

so I do not see how this is admission of the debt.

 

 

But on saturday we received a further letter from MDKP which says:

 

Further to our previous correspondence

will you please telephone our office with your proposal for payment of the debt.

 

Furthermore as we informed you in our previous correspondence we do not view the debt as statue barred because;

 

1) You queried the amount on the default notice.

 

2) You informed us that the amount paid in was a PPI refund.

 

So therefore you are liable to pay this debt.