PRA Group and an ex Welcome Financial Services Loan

[Extankman]

Hi all,

Apologies for the links but i posted for some advice earlier in the MSE forums and was redirected here.

The link to my issue is here =

https://forums.moneysavingexpert.com....php?t=5940374

and also here

https://forums.moneysavingexpert.com....php?t=5940249

So i am looking to figure out what my options are really as i have no idea what to do next?

Any help / guidance / advice would be greatly appreciated

Many thanks

[Amethyst]

Links are fine I'll go have a mooch and bring over anything important xx

[Amethyst]

Okay - it's a CCJ in default for a Welcome Finance Loan for around £6k. Default due to claim being sent to old address.

Just for clarification this is now registed with the Northampton CCBC and is showing on my credit file and the judgement letter is dated 13 dec 18.

I couldn't respond in time as all the mail was being delivered to a house we moved out of 4 months ago and i couldn't gain access, nor had any reason to regain access until i found this new CCJ today.

"The claimant claims the sum of £5981.03 for an outstanding debt owed. On 31/12/2007 the defendant entered into an agreement with Welcome Financial Services Limited for a bank loan under ref XXXXXXX. On 02/02/2011 the defendant defaulted on the agreement with an outstanding balance of £5981.03. On 28/03/2013 the debt of £7357.40 was assigned to Aktiv Kapital portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group UK limited on the 31/12/2014. Notices of assignement were sent to the defendant in accordance with S136 Law of Property Act 1925. PAyments of £1376.37 were recieved up to 10/04/2017. And the claimant claims 1. The sum of £5981.03. "

Assignment issues from Welcome to Activ to PRA etc/

A CCA request was sent a couple years back and not complied with. Payments were made via a DMP up to 2015. This doesn't scan with

PAyments of £1376.37 were recieved up to 10/04/2017.

Have you already sent a CCA request to PRA and a SAR to PRA and Welcome ?

So you will be wanting to apply promptly to Set Aside the Default Judgment. There is some information here to start with - Set Aside Application

Did you have a letter of claim/letter before action or anything before you moved house? ( basically anything that they could argue meant you should have informed them of your new address )



( going to find your other thread over there now )

ok

It seems that a company called PRA Group UK Limited purchased a debt from 2007 from Welcome Finance, which a good few years ago i was advised to cease paying by my DMP company as they could not provide a signed loan agreement copy.
The loan was sold to Aktiv Kapital Portfolio AS, Oslo, Zug Branch initially in Mar 2013 and then on to PRA in Dec 2013 who claimed they had sent me letters, which they must have done as they've added that they received payments up until April 2017 when they stopped.

This loan was not a bank loan, it was finance for a car. The car was repossessed way back in 2010 and no further contact from welcome was ever recieved. Back in Feb 2014 an offer to settle was made and was refused by Aktiv Kapital, the old DMP company can confirm this. In Nov 2015 the DMP company approached the debt holder to ask for a copy of the loan agreement which they could not supply. Initially it looks as if I was making payments as part of my DMP, then an offer was made, which was refused, then it came to light that they hadn't provided a copy of the agreement and so it was stopped and then in the amount of debts i had its obviously slipped under the radar after being sold on and been added to my DMP as starting payments again until i stopped using a charging DMP company and went with Stepchange, who coincidentally don't have it on my list of creditors,none of these company names is even on my credit file.

Ahhh the Stepchange part might explain the payments to 2017. Are you still in the DMP with Stepchange ? Might be worth checking the list of debts being paid with them - anything with a similar amount of balance that stopped being paid in April 2017 etc. As the Welcome loan defaulted in 2007 it will already have fallen off your credit file so that's not a worry - it's just been kept alive with that debt management company you were with, and then, possibly, with stepchange.


Definiately want to get a SAR off to Welcome then ( re bold underliney bits in the quote) Subject Access Request Letter

[Extankman]

Hi Amethyst

They are not included on my stepchange DMP as i was advised by my old DMP a few years back that a CCA could not be obtained and so the debt would be unenforcable in the court.

I have a LBC from PRA but this is dated 12th Oct 18 and we had already vacated the property by then. The Claim pack is dated 21st Nov 18 and the judgement is dated 13th Dec 18. All of these were collected from the previous address yesterday.

I've had a confirmation Email from my old DMP company that reads:

"We have checked your file and we don’t have a copy of agreement for Welcome Finance unfortunately. We can see that you did ask us to request a copy of the credit agreement on 24^th November 2016, as you believed you may have been sold PPI and wanted to check. We never received a response from Welcome Finance. As your payments towards your Debt Management Plan stopped in February 2017, this wasn’t chased up. So we don’t hold any documents relating to this account."

I just want to add that back in 2014 an offer to settle was made to Aktiv Kapital which they refused so there would have been a period between early 2014 and Nov 16 were some payments could have been made to them, however as stated above the old DMP company don't have anything relating to this, or at least that is what they are claiming.

REgarding the SAR, can i ask for one from Welcome now that they have long since stopped trading?

Is there anything i can put in a letter asking for the case to be set aside whilst i build my defence?

Do i have to pay the £255 up front? as this is a lot for someone in a DMP and this close to Xmas?

Thanks for the help so far appreciated

D