WF delayed default date on file as 0ctober 2012!! Help please......

[JulaH]

Hi I need help in possibly drafting a letter or my next action to remedy this situation.

 

On 10/08/2005 I took out a Hire purchase agreement with welcome for a car at £370 per month,

in March 2006 the car was written off and I claimed the full amount on insurance and paid this to welcome.

 

They continued to request further payments from me the following month

yet I told them as I didn't have the vehicle any longer and had paid them the vehicle value I wasn't going to pay another penny.

 

I think the last contact I had was May 2006, but erring on the side of caution I can definitely say I haven't made a payment from 28/10/2006 (as I had my daughter then and moved).

 

My credit record states that I haven't paid for over 5 years yet I've had no correspondence (until today from a debt collectors) And a default date registered on it as 28/10/2012??!!

 

Are they allowed to do this?

 

It states it's satisfied however that would mean the default will sta on my account for a further 6 years and this is simply not on.

 

What do I do next? Please help - thanks in advance

[dx100uk]

is it welcome finance that's against the debt, just checking

or is it IND or Hagerty?

 

dx

[JulaH]

01/05/2013 debt assigned to CAIS member ( I received a letter today from dlc) on my report it still says welcome finance though.

 

The letter says we have been unsuccessful in our attempts to contact you at a previous address and you've failed to notify us or our client that you have moved home. We have been forced to make enquiries on your whereabouts. Our sources have confirmed that you are now residing at this address. Please contact us without further delay to confirm how you propose to pay the outstanding balance.

 

Says client: hills den securities ltd formerly welcome finance balance outstanding:£10784.53

 

Hope you can help me.... Thanks

[citizenB]

Why are they demanding money if you repaid the full value to Welcome ?

 

Aside from the above if you have not made any payments or acknowledged liability since October 2006, then the debt is statute barred.

[JulaH]

Sorry to be clear I paid the value of the car (after it was written off) and they said I still owed money for the interest they would have earns for the rest of the term!!! Glorified loan sharks wish I never got involved with them but back then I needed a car and took the deal I got.

 

Because it was so long ago I cannot find any paperwork regarding the insurance claim and the date it paid out but I know it was may 2006 and that was my last contact with them.

[JulaH]

How can I have defaulted on an agreement that in my mind ended when I paid the insurance money back in 2006. And defaulted in October 2012 when I haven't paid a penny since 2006!!! But long for a default to be register isn't it?

[citizenB]

I suggest you send them the statute barred letter (draft below) and then make a complaint to the Information Commissioner's office.

 

 

 

Dear Sir or Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

 

I would point out that under the limitation act 1980 Section 5 “an action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their debt collection Guidance on Statute Barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred" could amount to harassment contrary to CPUTR2008

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

 

PRINT OR SIGN YOUR NAME DIGITALLY

 

 

 

I suggest you send to both the DCA and Welcome. At the very least obtain a free proof of posting from the Post office, however, if you can afford it, send by Recorded or Special Delivery.

[JulaH]

I think it's statute barred but not sure how to deal with it?

[citizenB]

I think it's statute barred but not sure how to deal with it?

 

I just showed you how to deal with Statute barred.. see post above yours.. post # 7 !

 

[JulaH]

Many thanks for the letter that's great, I will do that ASAP. Will this be removed from my credit file?? How do I get the default date changed? As surely it's illegal to put a default 6 years from the last payment date?

[citizenB]

Get the statute barred letter off first - then make a complaint to the Information Commissioner.

 

http://www.ico.org.uk/

 

They shouldn't really wait so long to put a default on your record, the Information Commissioner advises this should be placed at the latest 6 months after the default. Although this isn't really my area of knowledge so I will ask someone else to look in on you regarding that.

[BRIGADIER2JCS]

Good morning,

Citizen B has asked me to look at the default problem for you.

 

As I understand it WF have placed a default entry some four years after payments ceased and in fact the account had been cleared via an insurance payment.

 

The placing of the default is in my opinion a serious breach of the ICO Guidance on Defaults, in that 'defaults should be placed 'timely' and should normally be placed within 6 months of the cause of action i.e. in this case the date a payment was due and not paid after which no further payment was ever made.

This is itself is wrong but when it is considered that the loan was cleared (value of vehicle) to pursue a balance relating to on going interest after it appears the debt became statute barred is an unfair and misleading practice as defined in the OFT Guidance on Debt Collection.

 

Citizen B as always has given you excellent advice in regard to the statute barred status of the debt, please get that letter sen asap.

 

We need to tackle the unfair default entry with a different department at WF and this must be a FORMAL COMPLAINT:

 

This should be sent by RM recorded signed for post and you need to check when it's delivered so:

 

Private & Confidential

The DATA CONTROLLER

Welcome Finance Ltd.................... copy to solicitors and or DCA involved.

 

Date:...............:

 

Ref: use theirs:

 

Sir/Madam,

 

FORMAL COMPLAINT:

 

Breach (s) of ICO Guidance on Defaults/OFT Guidance on Debt Collection (Unfair & Misleading Business Practices).

 

I refer to recent correspondence regarding an alleged debt arising from an account with Welcome Finance Ltd account number xxxxxxxxx. for clarification as notified separately the alleged debt is statute barred therefore no payment will be made.

 

This FORMAL COMPLAINT is in regard to Welcome Finance Ltd., placing a default entry on my credit reference agency files dated xx.xx.xxxx., which is quite clearly a deliberate manipulation of the data.

 

Given that the last transaction on this account was xx.xx.xxxx, which must be taken to be the date of the cause of action upon which the service of a default notice and placement of any default should have taken place this new entry is a most serious breach of both Guidance Documents and is manifestly unfair.

 

Had WF Ltd., wished to pursue alleged liability for on going interest such a claim should have been placed immediately and not xx years later with a placement of a default.

 

Therefore I REQUIRE Welcome Finance Ltd., to IMMEDIATELY remove ALL adverse data from ALL credit reference files to which it has reported this spurious data, furthermore WF Ltd., WILL confirm in writing within 7 working days from the date hereon that it has complied with these instructions.

 

For clarification as stated the account is statute barred, the default placement is manifestly unfair and in breach of ICO Guidance and must be removed forthwith.

 

Complaints are being forwarded immediately to the ICO the OFT/FCA and I reserve the right to take this matter to the FOS which will of course involve WF Ltd., in cost.

 

This letter is sent by RM recorded signed for post and receipt will be checked: WF Ltd., MUST also confirm receipt.

 

OK?