Unenforceable Loan Agreement Welcome/MKRR problem

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Spent 23 mins trying to find format of statements of means and price that miliitant refers to
Searched for examples on the internet.
I think statement of means is an income and expense account.
Couldn't find a statement of price on the internet - just FSA documents for companies about them, and some for payment of council tax arrears on council website, etc.
Regardless, I don't believe either are in my Welcome documents.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Previous posts by miliitant
#12, page 1
i can tell you PPI does not cover for self employment so the policy was missold and you can claim it back with interest
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#15, page 1
i can tell you now
if you were self employed you would not have been covered on a ppi product supplied by welcome
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#87, page 4
- lets see what the SAR from welcome brings
- the dca will not have given the default notice, only welcome can do that.
- this just means that the dca have had all rights and duties assigned to them so they have just updated the welcome default and date from welcome with the credit agency
-do not tip off the dca on the default notice issue, i need to see the original as welcome were well known also of not complying with the default and trermination regs. again that will be in the SAR
- outher things need to be done first such as the assignment and law of property act 1925
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#89, page 4
- if welcome have terminated, defaulted, and assigned the agreement on a duff default notice, then as the acount is before april 2007, then the debt is unenforceable
- but i need to see the original copies of the default, and termination notices.
- these will only be made avaliable in the SAR FROM WELCOME
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#107, page 5
- the insurance crap welcome sold you
- if you had no statement of means or/and statement of price done then the insurance was missold. that effects the total amount of credit, interest ,, and repayments.
- the loan is then sold to mkrr
- that would render the assignment to mkrr void depending on what sort of assignment was used, equitable or absolute.
- i have not even started on direct group and norwich union with welcome elite brokers yet
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#127,page 6
- i made welcome produce the underwriting sheet ref welcome elite brokers under a court order
- they could not get out of wilson v hurstanger and fudiciary duty
- thats how i got my loans written off by the court and welcome never appealed
- welcome elite brokers is not on any register, it is just another way welcome screw the consumer
- welcome flogg the insurance, then pays itself commission for doing it at the customers expense
- as stated, welcome do not abide by statute legislation. where welcome screewed up with me was that they sent the underwriting sheet with welcome elite brokers in my SAR.
- THEY THEN DENIED IT AND THE COURT ORDERED THEM TO PRODUCE THE ORIGINAL DOCUMENT
- GAME OVER
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Reading through posts and collating this post took 34 mins.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply received to #221 from FOS re DCA complaint

Shearing, Dan	10:35 AM (1 hour ago)
to me

Dear xxxx xxxxx

I can confirm that I have taken all the details from your phone complaint (reference 11876237) and attached them to reference 11854962. We need to deal with everything under one reference or things will become confused.

I have searched under your post code for the complaint form but this is not yet logged on the system. I will continue to check this regularly and will also log this complaint form under 11854962.

In terms of the default, I can confirm that MKRR do hold a credit license as a trading name of Compello Operations.

We will consider all compensation issues and make a ruling on this. We can also rule that the firm remove the default from your credit file if we feel that it was incorrectly added.

I will keep an eye out for your complaint form but will not write to the firm until you have had a final decision from them. We do need to see all correspondence between yourself and them so we know what stage the complaint is at.

Yours sincerely

Dan Shearing | Consumer Consultant | Financial Ombudsman Service | Tel 020 7093 7190 | Fax 020 7093 7191
P Please consider the environment before printing this e-mail

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply to FOS #228 re DCA complaint
"to Dan

Dear Dan,
On Tue, Jul 3, 2012 at 10:35 AM, Shearing, Dan <Dan.Shearing@financial-ombudsman.org.uk> wrote:

Dear xxxx xxxxx

I can confirm that I have taken all the details from your phone complaint (reference 11876237) and attached them to reference 11854962. We need to deal with everything under one reference or things will become confused.

I have searched under your post code for the complaint form but this is not yet logged on the system. I will continue to check this regularly and will also log this complaint form under 11854962.
Thankyou for your reply, and actions undertaken for me, now and in the future. I appreciate it.

In terms of the default, I can confirm that MKRR do hold a credit license as a trading name of Compello Operations.
Can I point out that the default on my credit file on car loan was put there by MKDP LLP - not M K Rapid Recoveries, who were the last active DCA in this case?
(MKRR is a separate trading name of Compello which I used in this complaint erroneously in the past. I have never actually dealt with MKRR, I was just trying to use abbreviations).
And furthermore, MKDP LLP do not APPEAR to have had a consumer credit license when they first registered the default to my file? As I also said, their current license started on 23/11/09. I am unable to find out if the had one BEFORE THEN. Can you help on this matter, please? Many thanks.

We will consider all compensation issues and make a ruling on this. We can also rule that the firm remove the default from your credit file if we feel that it was incorrectly added.
If you decide on compensation, does this stop me from taking this to mediation or court? Because I have had no advice on which is the best route.

I will keep an eye out for your complaint form but will not write to the firm until you have had a final decision from them. We do need to see all correspondence between yourself and them so we know what stage the complaint is at.

I will need to send correspondence and other evidence later, when I have all of it. This should be by 3rd August at the latest. But I need to know the answers to quite a few questions first. Thankyou for your patience in this. I am not experienced in making FOS complaints, nor in the credit industry. If you are unable to answer my questions, then I will need to get them answered by other means before the complaint can be finalised. So if you cannot anser my questions in this e-mail for some reason related to procedure, can you please explain this? Many thanks.
xxxxxxxx xxxxx
Many thanks"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply from FOS to #229 re DCA complaint
"Dear Miss Passy

Thank you for clarifying, I think there are two main questions raised but correct me if you need anything further.

Point ONE - From looking at our database it would appear that you are correct, MKDP LLP did not have a credit license until 23 November 2009. It may mean that this default was added incorrectly but we cannot confirm for certain without seeing all evidence from both parties.

Point TWO - You initially have the option of referring the complaint to us OR to court. We cannot adjudicate on a case when there is court action ongoing or previously ruled upon because the court decision would overrule ours. We were set up by parliament as a free alternative to court so customers do not have to go through the stresses of court or pay legal fees. If the complaint was brought to us and an ombudsman ruled that the firm should pay compensation this is legally binding on them, but as a customer you always have the right to go to court if you are unhappy with our final decision.

I hope this clarifies everything, in the meantime I will look out for your complaint form and wait for you to send further documentation in the future.

Thanks

Dan Shearing | Consumer Consultant | Financial Ombudsman Service | Tel 020 7093 7190 | Fax 020 7093 7191

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply to FOS #230 re DCA complaint
"Dear Dan,
I will now need to take legal advice on whether to take this through FOS, mediation or court.
I will notify you IMMEDIATELY I have received legal advice -it could take some time.
Thankyou in anticipation"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Call to LawWWorks re legal advice (forms) # 231 et al
12 mins, not recorded.
Did they receive voicemail asking for legal advice form yesterday?
No, haven't gone thru voice messages.
They will send one for credit complaint.
Recommended I try their advice centre nearest to me, for housing.
Explained I didn't have time, rent in one month's arrears.
He will ask if he can send another for housing.
Explained LawWorks was set up by top London firms to reach those who can't access legal assistance.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Re CCJ
'it is contrary to natural justice and to the overriding objective of the Civil Procedure Rules to have a judgement enforced against me when I had no prior knowledge of the case being heard and hence no opportunity to put my own case.'
See this thread

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

CCA info from this thread
- 'Unfair Relationships Test', cymruambyth.
- Prescribed terms (test) (pt2537)
- "PTS need to be there yes, BUT, there is a more important second test to apply, ARE THEY ACCURATE
- We know that inaccurate PT's kill the agreement, but how many actually look at the agreement the lender relies on and test it to see if the actual rate of interest applied on the statement is that which is on the original agreement????????
It is this point that won us the case in Delfi101s case over the road"
- "'disproportionate effort' clause in the SAR regulations" (same thread) - is there similar for debtors??
- "the Bank Of England requires financial institutions to keep such records and data for 11 years, not 6 years. There is regulatory legislation which enforces this"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

GOOD NEWS
Sent letter to owner today of £70k studio flat to see if she would let to me, with a view to buy in one year.
She is very interested, and will give me preference over tenant who viewed today!
The flat has been completely refurbished (new cooker today), and I lived in the one next to it for over 2 years.
The rent is £92/week negotiable, but would cost around £100/week to buy over 18 years (I'm 47).
The rent is more than covered by the HB I receive until next April.
Now I have a real incentive to get Welcome off my back.
See #41 of this thread, where I tell miliitant I will get a mortgage next

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

List of documents in welcome SAR - I believe this is now complete

Glasses notes re car before purchase
(Car) Dealer's Offer, Warranty and Invoice (to Welcome)
17/04/04 AA ins cover issued
18/04/04 New Tier 2 Acceptance (car loan) - shows total car agreement with ins commission to car dealer £973.86.
Various sheets re car, including one saying wage slips + job check not applicable. Min income £175 weekly single (ticked)
Experian car reports
My tax return
An advert from my business
My driving licence
My bank statements Jan and Mar 04
21/04/04 Original credit agreement, with pages 2 and 3 of 5 present, only.
22/04/04 Letter to me thanking me for choosing WFS with 'legal agreement' attached, and list of 5 insurances with very brief details of each ins and enclosed ins leaflets.

24/03/05 Letter from Direct Group to Welcome - claim form sent to myself (this was job loss, but claim was denied).

After ins claim was denied, I got into arrears, and was offered a loan by Welcome.
When they arrived at my home with cheque, I asked what interest rate was, and they said 63.4%.
I remember actually driving somewhere during this appointment with I think 2 men - seems a bit weird?
14/11/05 Personal loan agreement with true signature. £750 loan. No insurances added. APR 63.4%. Total charge for credit £713.74. Rate of interest per annum 51.6%.
14/11/05 Demands and Needs Statement with true signature, showing no insurances needed.
14/11/05 Loan application form with true signature. All insurances declined due to cost.

05/12/05 Voluntary termination letter from myself for car loan.
Following above - Calculations showing I would have to pay about £4k after termination.
06/12/05 List of payments, charges, disbursals on car loan 21/04/04 to 14/11/05.
06/12/05 Calculation sheet re termination rights/50% rule.
08/12/05 Letter to me from Welcome showing I would still owe £4k after termination.
xx/xx/xx Undated Voluntary Termination Uplift Request
xx/xx/xx Undated Voluntary Termination Internal Checklist, local branch manager notes.
xx/xx/xx Undated Secured Capacity Calculator - shows mortgage amount so not much to do with me there.
(I've no idea where this document belongs in sequence, and I was always renting so it's rubbish).
09/12/05 Letter to me from Welcome introducing repossession agent.
12/12/05 Note that I was angry with Welcome from vehicle repossession officer.

31/01/06 Demands and Needs statement with forged signature. All 5 insurances cancelled, including PPI.
31/01/06 New credit agreement re car, with one true signature, one forged.
Note on document says it was done when I was ill and hadn't worked for 6 weeks.
28/03/06 Letter from me to Welcome to take car away as I couldn't even afford the insurance (Here I was too ill to work).
22/06/06 Default notice.
02/08/06 Reply from Welcome to my complaint letter.
xx/11/06 Uplift and repossession documents.
Note, repossession repeatedly failed because they never found me in, and car on private land (???)
So, although I was seriously ill for 3 months, they left me with car I couldn't even insure.
Was forced to move it to further addresses, although I never drove it again.
They traced me at these addresses, but did not take car, despite spying on my landlord + calling at his home.

Various years payment history on various loan numbers
Various years collection notes on various loan numbers
2008-2012 Various notes on account re phone calls, my complaint re overcharges, trace attempts, etc.
Calculator to discover whether repossession is possible, or court order is required.

19/10/09 D/D where I tried to start paying arrears. Payable to 'Welcome Finance' (not DCA - ???)
There is only one default notice, and no termination notice present in whole bundle of documents.
Although I remember receiving 3 default notices in 2006, I never received a termination notice.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Ommissions in Welcome SAR
Car loan:
Pages 1, 4 and 5 of original credit agreement re car loan.
No statement of means and price.
2 default notices missing; no termination notice.
No reason/docs given for insurance claim being denied after job loss.
Two forged signatures on rewriting car loan: one on demands and needs statement; one on actual credit agreement.

Personal loan:
No statement of means re personal loan.
Fabricated calculator showing me paying a mortgage.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Any advice welcome.
The preceeding 2 posts took 2 hours 45 mins.
Waiting on legal advice form from LawWorks.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

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This is the property I have an opportunity to buy in 1 year if I can get 2 defaults totalling £12k off my credit file.
It's a little studio next to one I used to live in 10 years ago.
It's recently been refurbished.
The lady owner agreed to rent to me until I could buy, or rent ongoing.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Viewing flat
First contacted the owner of the flat above yesterday.
Viewing it 2pm today.
Update 3.49pm no agreement since no guarantor re HB.

Call from mediation service of local county court
Spoke to officer for 24 minutes.
Worked out way to approach reference and compensation from letting agents.
Write letter referring to 2 years correspondence re repairs, etc, issues.
Withhold 2 months' rent, less deposit = £450 'compensation'.
Tell agent unless reference is provided, will make a small claim, including specific performance, damages, etc.