MKDP have supplied dubious Welcome Finance Loan report

[glenn2605]

Hi All,

 

I'm hoping someone here can assist me with MKDP/Compello/Raven etc.

 

For some time (years) I have been receiving letters from the above to my mothers house about an outstanding debt to Welcome Finance,

I was duely ignoring them as I was not aware of any debt.

 

 

Some time ago I re-registered on the electoral role after getting married and moving to a new house with my now wife,

it would seem this meant the "group" knew to send letters there instead.

 

I finally decided enough was enough when the "group" started calling the house, and so wrote them the attached letter.

 

 

They responded after a few days saying they would supply the requested information which arrived today

 

In the envelope they sent is a signed Welcome Finance Personal Loan Agreement that I had taken out in 2003

and several "Welcome Financier : Loan History" sheets showing direct debit payments that I had paid

with the final one on the 22/02/06 (which is when I started University not that this is relevant).

 

 

Then there is an entry for a "Cash Payment" on the 22/12/2008 which I have no recollection of at all.

 

I guess my questions here and advice I require are:

 

 

• By my asking for proof of the debt mean I have accepted knowledge of it?
  
• I believe this is to be Statute Barred this year even working off this dubious cash payment date?
  
• Could it be possible this Cache payment has been fictitious added to skew the dates?
  

Thanks in advance,

Glenn

[mikeymack2002]

Hi and welcome to CAG you can ask for details of the phantom payment and put them on strict proof that the payment was made by you. They will argue that you made this payment and that the debt is not statute barred. You can also send them a SAR for a fee of £10.00 then see what comes back.

 

 

Have you still got all of the documents relating to this debt if not try the following below to get it all.

 

 

There is a template letter in the library, you send a blank £10.00 postal order with your reference number on the back and include the request for details of ALL transactions.

 

 

Asking for details of the debt is not acknowledging the debt

[oleg]

If you do send the SAR, ensure it goes to Welcome not MK as they will hold very little other than what they've already sent.

 

They've possibly tried to catch you out by specifying cash transaction so you can't deny it too easily, but the onus is on them to prove that it came from you.

[glenn2605]

Thank you both for your responses,

 

At this stage my main concern is that it is only a month before this would become Statute Barred, so by acknowledging this debt I lose that option. One other point to note is that on the "Welcome Financier : Loan History" there is an entry that states "DEBT WRITTEN OFF" dated the 05/03/10, does this mean it should not be chased?

 

Thanks again

[citizenB]

Your letter sadly is unlikely to be taken seriously. You are not entitled to see "Deeds of Assignment" - these are sale documents.

 

I am assuming that you have visited a site that has Freedom of the Land thoughts ?

 

If the debt is yours, then it is likely that Welcome has sold /assigned and that would be the reason for the "Debt written off" entry. It has been written off Welcome's books only.

 

You are entitled to proof of the 2008 payment - who made it, how (direct debit/postal order/bank transfer/etc). There does appear to be a culture of "phantom payments" and unless it can be proved that it was made by you and with your knowledge then I think you are probably quite safe.

 

At this stage my main concern is that it is only a month before this would become statute barred, so by acknowledging this debt I lose that option.

 

Have you acknowledged the debt in some way ? It is my understanding that liability can only be acknowledged by payment or in writing.

 

If you send a Subject Access Request, you are entitled to all data they have in respect of your financial relationship with them (if any). You would be entitled to statements, communication logs (which should identify any communication by way of letter/telephone call or other actions taken on the account). It should identify if/when a default notice/notice of assignment and any other statutory documents have been sent.

[dx100uk]

letter removed as sadly it FOTL twaddle

 

 

simple put them to strict prove of the phantom payment.

How

when

where

by whom

by what method.

 

 

was this your only dealings with welcome

 

 

can we see the agreement please

not got any insurances to reclaim have you?

 

 

 

 

dx

 

 

 

 

dx

[fkofilee]

Well technically, shouldnt this already be SB if the payment isnt correct? or am i missing something here?

[jjandbump]

I have had lots of issues with them, they have now produced the same scenario to us, along with a fake credit agreement, (which also has no agreement number on it) dispite the fact that I have a receipt to prove we paid in full!!