Unenforceable Loan Agreement Welcome/MKRR problem

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

CCA 1974:

"S.65 Consequences of improper execution.
(1)An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only."

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

I visited here last night and this morning to find letter by miliitant, but no letter has appeared.

Since Welcome have a right to ask for a copy utility bill as proof of ID, I have sent this today, 'Signed For', and kept the following letter on file, with 'Signed For' receipt:

"Dear Ms xxxxx,
Data Protection Act 1998
Subject access request
Account Number: xxxxxxxxxx and Personal Loan Number xxxxxxxx

Thankyou for your letter dated 6^th June asking for proof of ID, of which I enclose a copy.

I enclose a copy bill from BT for May.

Please note that you have 40 days to reply to my subject access request, of which I enclose a copy.

Please note also, that this is NOT a 'Consumer Credit Act Request', as stated in your letter of 6^th June, but a Subject Access Request under the Data Protection Act 1998, as stated at the top of this letter, and also at the top of my original request, dated 21st May 2012.

Thankyou in anticipation.

Yours faithfully,..."

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Letter received today from MKDP LLP:

"1. Acknowledges my CCA request
2. States they cannot 'resolve my query, which requires further investigation'
3. States they will be 'liaising with Welcome Finance where applicable and will contact me as soon as (they) receive a response from Welcome Finance but no later than 3 August 2012'"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Aborted letter to MKDP LLP.

Update: Not sending - see post #82 by miliitant, below - you need only deal with person demanding money, by precedent. This would be MKRR.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

CCA REQUEST for information under 77/78 must be GIVEN by the creditor within 12 WORKING DAYS of RECEIVING the request.

The original legislation is here [Definition of 'Prescribed period' in The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 = "12 working days"]

..and here: [creditor "shall give" documents "within the prescribed period after receiving a request in writing" in The Consumer Credit Act 1974]

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

This was a proposed letter to MKRR on default of CCA request.

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

under the judgement godebt v critchley, it was judged that the person demanding the money is the creditor so must comply with the cca request

so if they state you need to contact welcome for the cca request, tel the dca to bog off

while in default of your request the dca can do sod all

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

you may need to put that you will only accept a true and certified copy of the agreement or they may try the old reconstructed agreement ploy on you

welcome are well known for loosing original agreements so mkrr are in trouble me thinks

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Final revised letter to MKRR: - sent 14th June 2012.

"TO:
M K Rapid Recoveries
Compello Operations Ltd
Fleming House
Seebeck Place
Kno wlhill
Milton Keynes
MK5 8FR
13^th June 2012

Dear Sirs,

Ref: xxxxxxxxxx
Balance: xxxxxxxxxx

Consumer Credit Act 1974

I refer to my letter dated 23^rd May 2012 in which I made a formal request under the Consumer Credit Act 1974 sec 77-79 for true copies of the regulated agreement referred to in the above account number. I will only accept a true and certified copy of the agreement. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.

It is also my intention to report this matter to the appropriate enforcement authority.

OFT Guidelines AND Consumer Protection form Unfair Trading Regulations

Furthermore, following my many attempts to explain to 'Dean' over the telephone that there was a contractual problem with this alleged debt, his refusal – and yours severally – to respond, denying it was your responsibility; my letter to you dated 12^th March 2012 and your letter of reply dated 24^th April 2012, signed Mary McMillan, and my reply dated 21^st May 2012 :-

(A) OFT guidance - July 2003 (updated December 2006) :

2.6 Examples of unfair practices are as follows:
h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

(B) CPUTR 2008:-

Offences relating to unfair commercial practices
S8: contravening the requirements of professional diligence

Prohibition of unfair commercial practices
S3 – unfair commercial practices: misleading action, misleading omission, use of aggression, inc schedule 1(26): making persistent and unwanted solicitations, etc

Offences committed by bodies of persons
S15: corporate liability, consent, connivance and neglect

I await your prompt response.

Yours faithfully..."

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Thankyou again, miliitant, your suggestion "I will only accept a true and certified copy of the agreement." has been added to the above letter as par 1, line 2.

I will check back tommorrow before posting.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Here, I proposed to send a 'Request for Proof of Default' letter to MKDP LLP, because their name is on my credit file for car loan.

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

HOLD THE FIRE

YOU ARE STARTING TO RUN BEFORE YOU CAN WALK

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

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

outher things need to be done first such as the assignment and law of property act 1925

Sheesh! Miliitant is clever!!
True story - thankyou again. :tinysmile_kiss_t4:

[miliitant]

Re: Hello from Christian - Welcome/MKRR problem

like i have said, i myself have been down this road

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

the secret is not to tip them off before we have copies of the originals

softly sofly, catchy monkey

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

duff default notice

Funnily enough, I just came from reading UK law's requirements for termination.