Mycallcredit/Welcome finance.

vwman_3

In August 2000, I bought a car on HP through Welcome Finance, (Yes I know now but did'nt then)
When I bought the car, I also bought a warranty with it, also through Welcome Finance.
Half way through the agreement the engine packed in and I tried to claim through the warranty, Welcome were having none of it and refused point blank to pay.
Anyway I took some legal advice and was told that I could return the car to Welcome Finance and hand the keys back to them, which I did as I had paid more than half the payments.
Over then next few months Welcome tried everything to get me to pay up even sending two nasty men to my home and threatening me.
I once again checked my legal position and was told that I had nothing to worry about, and that Welcome did not have a leg to stand on.
In March this year I checked Mycallcredit to see what information they had on file.
I was gobsmacked to see that Welcome had put a default on my file.
I phoned Mycallcredit and told them what had happened and they looked into the matter, as a result they removed the default.
Now today I checked Mycallcredit again and there is another default placed there from a firm call Hillesden Securities, I have spoken to them and they say that they bought this debt from Welcome in January this year and they want £3900.00 plus interest.
I went through the story yet again with them, but they are having none of it, they insist that I pay up within 28 days or they will issue proceedings in court.
My problem is that I do not have any documentation to prove my case.
I have asked Hillesden to supply all documentation they have but they say that they will only do that after I have put a defence forward with proof or they will proceed along the county court path to get the money off me.
Sorry it is a long thread, any suggestions please

kevin_M

dont know if this will work but can you not send them a DPA letter asking for all personal infomation they hold about you. with a chq for £10 by law. they have 28 days to provide all infomation they have on account about you

i know people can do it when they want access to everything held on file from banks, telcos, etc

vwman_3

Thanks Kevin, Yes, I think that's worth a try.........

vwman_3

Anyone else with suggestions........

mparter

No need to fork out £10 when you can ask for the same info for a £1!!

Send them the following letter recorded delivery.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Also raise a dispute with CallCredit. They should then investigate it on your behalf and get in touch with the whoever registered the default. They will also put a note against this to tell any other creditors that it's currently in dispute.

Good luck and don't be afraid to stand your ground. Once you start quoting the rules to them (which most people are ignorant of), you'll find their atitude will change.

vwman_3

mparter wrote:

No need to fork out £10 when you can ask for the same info for a £1!!

Send them the following letter recorded delivery.



Also raise a dispute with CallCredit. They should then investigate it on your behalf and get in touch with the whoever registered the default. They will also put a note against this to tell any other creditors that it's currently in dispute.

Good luck and don't be afraid to stand your ground. Once you start quoting the rules to them (which most people are ignorant of), you'll find their atitude will change.

Thanks very much, I have just put the phone down on Trading Standards, who are going to investigate this and apparently they are taking a very dim view of this sort of thing, I was assured that should my complaint be upheld (and it will be) they will take action against them, it appeares that in South Wales in the last 3 months Welcome Finance have had 70 complaints made against them to TS.
Once again thanks very much

vwman_3

Mycallcredit sent me an e-mail earlier on stating that they had been in contact with Hillesden yet again on my behalf, and Hillesden have requested that the default be removed from my file, which it now has.

I have yet to hear from Hillesden's.

So anyone thinking of using Welcome Finance think once, then think twice, then forget it, and go elsewhere, or better still, try and save for it.

kevin_M

vwman good news dude. glad that its all starting to get sorted . Welcome, catalog co's are all gits mate

i had something from 99-2000 that i got to get removed off my file because of people being idiots.

The thing that realy gets on my nerves that they can just stick anything they want onto your credit file without proof. and then you end up having to do loads of work to get stuff removed.

they should start charging £1000 for every incorect entry thats put onto peoples credit files. that will stop em

vwman_3

Yep it sure is good news, you've got to watch these CRA's their a pain in the A**E, when they get it wrong, and trying to put things right can be a nightmare.
Thanks.....