Unenforceable Loan Agreement Welcome/MKRR problem

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Christian,

Thank you for your kind personal comments earlier. I can't help much with legalities, which I see Militant is dealing with admirably, and I'm so glad (and impressed !!!) that he has been able to work so well with your distinctive style of posting. I think I realise that what may look like chaos or madness to most casual readers is in fact your method of using the thread as a repository for the myriad facts and figures which would otherwise be forgotten. I think I can now see that you are slowly but surely assembling a very carefully-considered strategy.

I just want to give you and Militant my congratulations on your efforts with this so far. Well done, guys - stick at it.

Oh...PuffRose recently posted this question:

"I'm so glad (and impressed !!!) that he has been able to work so well with your distinctive style of posting" - it's a life-saver - I literally am not in so much dental PAIN on a daily basis. I cannot know if this is a lasting effect, but what I experienced when I sent the 1st CCA default letter was 8 years'"burden" lifting off me, literally. I was able to find my own innocence again.

"myriad facts and figures" - yes, you only see a small portion on the board.

"I just want to give you and Militant my congratulations on your efforts with this so far. Well done, guys - stick at it" - thankyou Bill, you bought tears to my eyes today

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

What is the first sign of Madness ? Suggs walking up your drive.

Yes, of course, Bill - there is no madness - only Madness, the band.

Not even in performing fudiciary duties of rebalancing markets to sum of two hundred million pounds.

"carefully-considered strategy" - thankyou. It must produce estoppel - GAME OVER - when sent (note to self)

NO-ONE should have to look back, and feel guilty.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

IF YOU MIMIC MY STRATEGIES IN THIS THREAD PLEASE WATCH YOUR PRINTER.
IT MAY LIKE MINE UPDATE DATES ON LETTERS EACH TIME YOU RE-OPEN THEM IN MY DOCUMENTS.

Better to have printed copies with proper dates, to match 'Signed For' dates.

ALSO, YOU DO NOT NEED TO USE COLOUR INK CARTRIDGES WHEN PRINTING

PHOTOGRAPH ALL LETTERS, ATTACHMENTS, AND 'SIGNED FOR' STICKERS

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

CCA DEFAULT letter, when originally sent on wrong date

19^th June 2012
Dear Sirs,
Ref: xxxxxxxxxx
Balance: xxxxxxxxxx

Consumer Credit Act 1974 - DEFAULT

I refer to my letters dated 23^rd May and 13^th June 2012 in which I made two formal request sunder 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.

It has now come to my attention that the letter dated 13^th June was sent in error. Kindly consider this the true default letter.

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

(no indent below--->)

(B) CPUTTR 2008:-

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

Prohibition of unfair commercial practicesS3 – 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 personsS15: corporate liability, consent, connivance and neglect

I await your prompt response.

Yours faithfully

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Letter for when SAR Request is in uneccessary delay

Please note, under these circumstances, the 2nd proof of ID should be stapled top left to this letter, and a photograph should be taken in the following manner:
1. Lie letter down in front of you, with stapled proof of ID underneath.
2. Pull down right-hand corner of letter to an angle of about 25 degrees, to expose the proof of ID
3. Photograph the upper parts of both letters, making sure you get the dates
4. Check the photo is complete proof before sending
5. Remember to attach 'Signed For' receipt to this letter
6. You could also attach print the photo, and attach it to the letter

I also addressed the envelope to 'Ms 1st Respondent to SAR, Mr 2nd Respondent to SAR and Supervisor, Complaints Department...etc', and photographed it lying on top of the letter. I will also photograph the entire letter with postage, at the delivery retailer. They have a contract with the Royal Mail (no queues!) and are working with me on this.

Dear xx xxxxx,

Data Protection Act 1998
Subject access request
Account Number: xxxxxxxxxx and Personal Loan Number ***xxxxx

and CEASE AND DESIST request

Thankyou for your letter dated 14^th June 2012 asking for proof of ID.

However, I sent a copy BT bill for May 2012 to you on 11^th June.

You are clearly not keeping proper records in my file and I ask that you CEASE AND DESIST all maladministration, delay and incompetence in this matter FORTHWITH.

I enclose another copy of my BT bill for May 2012. No further copies or correspondence will be issued. Please note, I am prepared to request the assistance of the courts if necessary.

Please note that you have 40 days to reply to my request. NO failure will be tolerated.

Thankyou in anticipation.

Yours faithfully,

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

SAR request to Direct Group

Dear Sirs,

Data Protection Act 1998
Subject access request
Welcome Finance car loan a/c No. xxxxxxxxxx – insurances on car

Please supply me with copies of all the data which you hold on me in relation to my business with yourselves. In particular, all documents relating to insurance of blue xxxxxxxx motor vehicle purchased through a Welcome Finance loan in 2004. I believe the month was April.

My address at that time was xxx xxxxxxx xx, xxxxxxxxxx, xxxx, xxx xxxxxx
Followed by:-
1. xxx xxxxxxx xx, xxxxxxxxxx, xxxx, xxx xxxxxx
2. xxx xxxxxxx xx, xxxxxxxxxx, xxxx, xxx xxxxxx
3. xxx xxxxxxx xx, xxxxxxxxxx, xxxx, xxx xxxxxx
4. xxx xxxxxxx xx, xxxxxxxxxx, xxxx, xxx xxxxxx (SORN)
5.xxx xxxxxxx xx, xxxxxxxxxx, xxxx, xxx xxxxxx(SORN)
I am now at the address to the top right of this letter.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my business with you. The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied (through Welcome Financial Services). This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

If you intend to send a reconstituted copy of an agreement you must declare the reason why it has been reconstituted and if the original exists, the type of filing system or archive the originals are stored on.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If it is your wrongdoing and mishandling of my account which has created the necessity for this subject access request, I shall be reclaiming the enclosed £10 Data Protection Act subject access request fee.

I enclose copy June invoice from British Gas as proof of my identity. If you remain unsatisfied, kindly refer to the electoral register for this address.

Yours faithfully,

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

christianpassy is away until 26/6/12
Will not be back to this thread until 26th June, 9am unless I hear anything important.
Therefore, if anything is critical, please send me a PM - only these reach my e-mail inbox.
On 26th June I will read all posts from advisors at this forum on this thread and act on them.

In the meantime I will be working on my housing issue and self-employment.
Tommorrow Legal Aid application for housing - in person stage. Letting agent has been SAR'd today.

Mr Gilbert, MP (chair of the Housing All Party Parliamentary Group) has communicated to me that he will feed my proposals through to that Select Committee - see here. This is for a 'Tick Box Scheme' to show a property is ready for letting. This thread was initiated by SpringerSpaniel.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Had to pop in to sort out this uncertainty - then back 26/6 unless anything else comes up
Re timing of a CCA default
Interpretations Act 1978:

1. Consumer Credit Act 1974:
"77 (1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy..."

2. The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983
Citation, commencement and interpretation
"1.—(1) These Regulations may be cited as the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 and shall come into operation on 19th May 1985.
(2) In these Regulations, “the Act” means the Consumer Credit Act 1974"

*"Prescribed period 2. The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1 of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements"

"Regulation 2 SCHEDULE SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN RELATION TO REGULATED AGREEMENTS
SECTION OF THE ACT (Column 1)77
DUTY (Column 2) Duty to give information to debtor under fixed-sum credit agreement"

3. Interpretation Act 1978
"7 References to service by post
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post"

CCA default = receipt of request + 12 working days (Mon-Fri) + 2 post delivery days (Mon-Sat)

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

My CCA request to MKRR
Delivered 31st May
31st May + 12 working days = 18th June
18th June + 2 post delivery days = 20th June

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Last letter to MKRR
21st June 2012
Dear Sirs,
Ref: xxxxxxxxxx
Balance: xxxxxxxxxx

Consumer Credit Act 1974 - DEFAULT

I refer to my letters dated 23^rd May, and 13^th and 19th June 2012, in which I made three formal requests under the Consumer Credit Act 1974 sec 77-79 for true copies of the regulated agreement referred to in the above account number. I enclosed the statutory fee of £1.00 for this account in the first letter, dated 23rd May 2012.

It has now come to my attention that the letter dated 19^th June was sent in error. Kindly consider this the true default letter.

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.

In my original letter dated 23^rd May, I asked you also for:-

1/ A full statement of account from the time the alleged account was assigned to MKRR
2/ The statement is to include all payments made to MKRR since the alleged assignment
3/ How the assignment was served, and with proof of notification of assignment to the alleged debtor
4/ Confirmation on the alleged assignment being either Equitable or Absolute to MKRR from Welcome Financial Services.

in order that I would able to reasonably discharge any alleged lawful obligation to your company. I have noted that you have also failed to supply these documents. Please cease and desist this unlawful activity herewith, and send me the documents and information requested without further delay.

Yours faithfully,

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Current position on all requests for information
1. DCA - CCA Request - car loan
Last active DCA, MKRR, has defaulted CCA request on 20/06/12 midnight.
I have notified them that the car loan debt has thus been rendered unenforcable by them.
MKDP LLP, the creditor on CRA for car loan, have replied to CCA req. letter to MKRR; saying they will reply to it by 03/08/12.
2. ORIGINATOR - DPA SAR - car loan and personal loan
Welcome have 40 days.
The first letter I can prove contained ID was delivered 20/06/12.
I have yet to look into the details of when this defaults exactly, but it's around the end of July.
3. INSURANCE - DPA SAR - car loan only
Direct Group have 40 days.
Their letter was delivered 20/06/12.
Again, should arrive before end July.
Update: arrived 23/06/12 - see #174.

All letters sent 'Signed For', Track and Traced, all copies on file + some photographs.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Cease and desist
A cease and desist is an order or request to halt an activity (cease) and not to take it up again later (desist) or else face legal action. The recipient of the cease-and-desist may be an individual or an organization.
A cease-and-desist letter is a letter demanding that the recipient refrain from a certain behavior or face legal action.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply on insurances received from Direct Group - response to DPA SAR
Reads as follows:
"Please find attached all the information we hold for you".
Attached: one sheet A4 paper with tables showing:-

• effective date of all insurances 21/04/2004 - with policy numbers
• payment protection £1,389.53 - claim denied 16/03/2005 (no reason or further info given)
• shortfall extra £245.00
• mechanical breakdown £650.00
• emergency recovery £300.00
• collision call £40.00
• no other claims
• no amounts paid out

Signed, printed and dated 20.6.12, on behalf of Direct Group Limited - note, this is the day of delivery of this subject access request.

Update: have just totalled these: £2624.53.
I've no idea/memory, at this stage, how long the insurances were for.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Puzzling
I remember the car was worth £4,000.
The insurances were (above) 'worth' £2624.53.
So that's £6624.53.
So why was the agreement for over £10 or 11k (as I remember)?
Surely 39% interest doesn't add £3935 to £6624.53???

I paid for 2 years at £220/mth approx (missing some payments).
So why is the amount on my credit file £10235?
Assuming I missed 5 payments, I would have paid around 19 x £220 = £4180.
£10560 (original agreement) - £4180 (estimated payments) = £6380.
This figure has increased by£3855 on my credit file.

Very puzzling.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Who are Raven Recoveries, Tradepro Operations Ltd, MKRR, and MKDP LLP?
They all appear to be the same company

From Companies House, 23/06/12:

Name & Registered Office:
TRADEPRO HOLDINGS LIMITED
FLEMING HOUSE SEEBECK PLACE
KNOWLHILL
MILTON KEYNES
UNITED KINGDOM
MK5 8FR
Company No. 04725147

Status: Active Date of Incorporation: 07/04/2003 Country of Origin: United Kingdom Company Type: Private Limited Company Nature of Business (SIC): 70100 - Activities of head offices Accounting Reference Date: 31/12 Last Accounts Made Up To: 31/12/2010 (GROUP) Next Accounts Due: 30/09/2012 Last Return Made Up To: 29/03/2012 Next Return Due: 26/04/2013 Last Members List: 29/03/2012 Previous Names: 26/06/2003 CAMEL HOLDINGS LIMITED 06/05/2003 PINCO 1932 LIMITED

Name & Registered Office:
MKDP LLP
FLEMING HOUSE SEEBECK PLACE
KNOWLHILL
MILTON KEYNES
UNITED KINGDOM
MK5 8FR
Company No. OC349372

Status: Active Date of Incorporation: 16/10/2009 Country of Origin: United Kingdom Company Type: Limited Liability Partnership Nature of Business (SIC): None Supplied Accounting Reference Date: 30/06 Last Accounts Made Up To: 30/06/2011 (FULL) Next Accounts Due: 31/03/2013 Last Return Made Up To: 16/10/2011 Next Return Due: 13/11/2012 Previous Names: No previous name information has been recorded over the last 20 years.

No listings at Companies House for Raven Recoveries or MKRR.