Unenforceable Loan Agreement Welcome/MKRR problem

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Re: Consumer Credit Licences - needed to "collect debts or purchase debts" (here)
Raven Recoveries - no
TradePro Operations - no
MKRR - no
MKDP LLP - yes - run by TradePro, Bob

Fitness of Applicants
Here

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

E-mail sent to OFT today regarding MKRR debt collection activity - multiple failures

To enquiries@oft.gsi.gov.uk
"Dear Sirs,

I would like to report the following.

I was contacted in 2010 by Milton Keynes Rapid Recoveries regarding a so-called debt I had originally with Welcome Finance.
It was from 2004 and Welcome Finance repeatedly failed to reply properly to my complaints about their procedures.

I made some payments but was unable to continue.
This was met with non-stop, harassing phone calls in raised voices.
I told MKRR several times verbally about dispute on the account but they failed to act.
In particular, I wrote to them several times this year, again they failed to act, and finally referred me to Welcome Finance.

After receiving advice from a consumer forum, I sent them a CCA s77 request, also requests re assignment (proof, type, etc).
They failed to reply, but MKDP replied from same address, saying they would deal with it within64 calendar days! (by 03/08/12).
MKDP are the name on the same 'debt' on my credit file.

I sent 4 further CCA s77 requests to MKRR since they were last active DCA, but they have failed to reply once.
The CCA/assignment request defaulted at law on 20th June 2012, midnight.

I now understand that MKRR DO NOT HAVE A CREDIT LICENCE, and therefore question not only their suitability to hold a licence, but also the lawfulness of their actions if they do not presently hold one?

Who is accountable for this situation please?

Meanwhile, I can assure you I am vigorously pursuing Welcome Finance themselves and am in it for the long haul.

Thankyou in anticipation.

Yours sincerely,"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply from OFT to complaint re MKRR having no CCL - above

"...Complaint about a Credit or Debt company - If your complaint relates to a Credit or Debt company or the fitness of a consumer credit licensee, please note that we are currently receiving high volumes of contacts and although we will endeavour to respond to your email within 10 working days, there is a delay responding to these queries currently. If you require help with a complaint about a consumer credit product or service, the Financial Ombudsman Service (FOS) may be able to assist you. FOS can be contact at: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; 0845 080 1800; or www.financial-ombudsman.org.uk"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

E-mail sent to Financial Ombudsman (FOS) re MKRR having no CCL
Same e-mail as #179.
Sent to:

complaint.info@financial-ombudsman.org.uk

Sent today, 24/6
Do not use this procedure - see next post

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply to #181 from FOS

"If you want us to look into a complaint use...''complaint form..."

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Formal Complaint (#182) re MKKR having no CCL, etc, sent to FOS

3-page document printed, filled and and sent by post

Complaints: no credit licence, failure to respond to 5 CCA/assignment requests, using different names (TradePro, Raven, MKDP).

What they should do: cease trading without licence, produce documents within legal time limits, stop using different names

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Woken up to realise MKRR have been wasting my time and funds
OK, I've had enough of this!!!!!
I've been paying money* on a Welcome 'debt' to a company - MKRR - with no consumer credit licence!
*[+ I spent a LOT of time talking to a 'Dean' about how I was going to repay the 'debt', over months]
I.e. no right to perform any debt collection activity
They've ignored my complaints re original debt
Then I've sent them 5 CCA/assignment requests
All at my own time and expense
And they've completely ignored those
Realised today, it's because THEY'RE NOT EVEN IN BUSINESS

So:-
I will ask them to repay the payments I've made to them
And pay for my time and expenses in corresponding/attempting to deal with them
When they have no business whatsoever to even be contacting me in the first place, if I have understood correctly.

I will be calling the FOS in the morning to check whether they reclaim these funds as part of my complaint to them, sent early this morning, or whether I need to claim these funds separately.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

I was away until 26/6
Now things have changed, so I'll probably be checking in daily.
ALL HELP AND ADVICE FROM FORUM MEMBERS IS VERY WELCOME - THANKYOU :tinysmile_kiss_t4:
IT DOESN'T MATTER IF ADVICE IS RIGHT OR WRONG, IT'S ALL PART OF THE CASE/POTENTIAL CLAIM

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Letter received from MKDP
"We are in receipt of your correspondence, the contents of which we note. Thankyou for writing to us [which I did not - I wrote to MKRR, 5 times, as last active DCA].
We have requested for the required documentation from Welcome Finance and this will be forwarded to you as soon as we receive a copy from Welcome Finance"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Call to FOS
Called FOS to ask if I could claim for compensation for my time in dealing with MKRR, who have no CCL.
Complaint sent to them 2 days ago, but I did not think to claim compensation.
Was advised to call back Fri (29th June '12) - when complaint will have been logged - quote postcode, and ask for amendment to complaint to be made.
They advised the complaint could take one month to process.
Call recorded.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply from the FOS to #179
This was complaint about MKRR having no CCL, etc.
"You should hear from us in around eight weeks"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Call to FSA re Welcome Finance pre-14th Jan 2005 claims
Welcome Finance have document to cover claim process, announced by FSA, here
FSA give link to this address, where document is not found.
Recorded call.
Thulani dealing.
After 30 minutes, she still could not tell me where document could be found, or who could advise.
She left call 3 times to find answer, and failed each time.
She told me several times to deal with the FSCS (see #192).
Call duration 30 minutes.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Call to FSCS at Welcome
Call recorded. Matt dealing.
Procedure for claim to Welcome for April 2004 agreement would be:-
1. Deal with Welcome Head Office.
2. Fill out a FOS Consumer Questionnaire and send to Welcome H/O (with complaint).
3. This helps Welcome ascertain information needed under regulation to assess complaint.
4. 'FOS rights' - if you're not happy with outcome of complaint from Welcome, you can go to FOS.
5. Matt could not comment on the contents of the FSA claim programme document missing from FSA website (#191).
6. Matt did confirm that if I simply wanted to take court action against Welcome, I could do so.
Call duration 20 minutes.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply from OFT to #179 - letter reporting MKRR have no CCL and failing to respond to CCA s77 request
"By Email: (my e-mail address)

		Tele No	(084) 5722 4499
Our Ref xxxxxx	Fax	(020) 7211 8877
Date	28 June 2012	Email	enquiries@oft.gsi.gov.uk

Dear Mr Passy

Consumer Credit Act 1974 (the Act)
Complaint Against: Welcome Financial Services Limited, Compello Operations Limited t/a MK Rapid Recoveries & MKDP LLP
Licence No: 020708, 632091 & 632121

Thank you for your email received on 23 June 2012.

I can confirm that the businesses you mention hold consumer credit licences. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the Office of Fair Trading (OFT) has a duty to monitor the fitness and conduct of all traders who hold such a licence.

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

We have therefore recorded the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against these traders we may need to contact you again in the future. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

While we are very sorry to hear about the difficulties you have been experiencing, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter.

We note that your email raises concern in regard to copies of credit agreement.
You may be interested to know that the OFT has recently issued guidance to businesses and consumers regarding the application of sections 77/78/79 of the Act that allow consumers to request information about their credit agreements. You can read the OFT’s press notice, and access the guidance (OFT1272) and associated resources, via our website:

www.oft.gov.uk/news-and-updates/press/2010/105-10

Section 2 of this guidance relates to the duty to give the debtor a copy of the agreement which appears relevant to the matter you are seeking clarification on. However, I should stress that this guidance represents the OFT's views on this matter rather a definitive legal position.

Further to this, please note that many of the matters raised may hinge on facts which can only be determined by the higher courts and as such the OFT is unable to offer any further advice, in addition to that contained in the guidance, on this matter.

The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. The Financial Ombudsman Service can be contacted at:

The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR

Telephone: 0800 0234 567

The OFT has published a consumer guide about debt collection which you may find helpful. The guide can be viewed on the OFT’s website: http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf

Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely

Olushola Egbowon
Enquiries and Reporting Centre
Office of Fair Trading

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Reply to OFT e-mail in #193
Dear Sirs,
A reply to your message received today, below.

1. I am astonished you say it is Welcome Financial Services (error: Compello Operations Limited) themselves who are trading as M K Rapid Recoveries (and MKDP LLP - error, MKDP trade from same place as MKRR). This is because I have sent CCA s77 request to M K Rapid Recoveries, and they have not responded ONCE, IN ANY WAY, since the letter was delivered on 31st May. They have, however, said they are waiting for Welcome F S L, (who it seems are the same company!!! - error) Welcome had same request letter on same date and yet in the ensuing 28 days so far, have only replied with TWO requests for ID, forcing me to photograph absolutely everything on the second request, in order to prove that the letter AND CONTENTS, had been sent.

2. I am astonished, further more, that you say that these companies all have Consumer Credit Licenses, since I had done a search on all 3 (I have not had dealings with Compello Operations Ltd in that name) here, at the Public Register Search at the OFT website. I see at this page, that Welcome indeed have a license - I did not say in my letter that they did not. I also see that Welcome Financial Services Limited run a credit reference agency as well as doing credit brokering, credit, debt collecting, etc - is this advisable, given that this is the company that performed market abuse through rights issue in 2007, raising TWO HUNDRED MILLION POUNDS through false accounts?? And given the high number of consumer complaints about this company? Giving them licences for such varied activities could allow them to control consumer outcomes in an unbalanced way, in my opinion.

3. (Furthermore, not once in their dealings with me have Welcome said that THEY are MKRR AND MKDP LPP. Rather strange this - if not misleading, is it not? I object! - error, Welcome are not MKRR, OR MKDP).

4. Before I sent my well-researched letter to yourselves, I did a search on the names MKRR and MKDP LLP on same Public Search Register of OFT mentioned in (2). There was no entry under M K Rapid Recoveries. Today, I have performed a thorough search under 'Welcome Financial Services Limited - t/a M K Rapid Recoveries - licence numbers 632091 & 632121 (separately) - and there is no CCL no findable, as I stated in my letter.

5. I had also performed a search on MKDP LLP before writing my letter, and found no CCL no for them. I have repeated that search again today and there is also no CCL no. findable, either.

6. I see both MKRR (and MKDP LLP - error) are, however, listed as trading names of Compello Operations Limited. a) I had never heard of Compello Operations before today and b) the many names (43 current and 4 historic!!!) and functions (10) the two companies WELCOME/COMPELLO hold are making it confusing and GROSSLY TIME-CONSUMING to deal with them in any sensible fashion. (They have NEVER told me they were all the same entity, in EIGHT YEARS! - error, they are not the same company). DO YOU NOT FEEL THE (SINGLE ENTITY, WELCOME FINANCE-COMPELLO - error), SHOULD ALLOW PEOPLE TO KNOW WHO THEY ARE DEALING WITH, EXACTLY? OR ARE THEY ABOVE IDENTIFICATION???

7. Your Public Search Register is thus misleading and confusing as it CANNOT be searched by the public for given trading names alone, which is all we are provided with, by said companies. I find this to be unfair relationship and trading and an offence, whereby your are actually (by default or otherwise) in collusion with the companies themselves. Kindly take this as official complaint to yourselves about the structuring of your public search register, which does NOT allow access to all the information. If you cannot accept this format as complaint, kindly send me your complaint procedures without delay.

8. NEVER, in my dealings with MKRR, INCLUDING PAYING THEM FUNDS, AND REPEATEDLY COMPLAINING THAT THERE WAS SOMETHING WRONG WITH ORIGINAL CREDIT AGREEMENT, (did they tell me they were, effectively Welcome. They even referred me repeatedly TO Welcome!! This is outrageous! - error, they are not Welcome). Ditto MKDP LLP. (Is it advisable to give licenses to the DISGRACED Welcome to collect their own long-proven illegal agreements in different names??? Kindly answer!! Or take as complaint. - error, not same company, however, Welcome DO hold license for all these functions:

Consumer credit

Consumer hire

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting)

9. "fitness" to hold CCLs: are you, or are you not aware that the FSA fined Cattles and Welcome for raising £200m from market using false accounts in 2007? How could you even consider such a company fit to hold ANY license??? I would like a reply, said directors having left company or not.

10. " If we do take any action against these traders we may need to contact you again in the future" : how long in the future? Please reply.

11. Regarding your comments (UNASKED FOR) about CCA s77 requests and the higher courts: you really must believe I am some kind of fool. I am perfectly capable of reading English statute for myself. And what you are ALLOWING these companies to do is evade their responsibility to provide documents by ALLOWING them to HIDE behind multiple names, confusing and beguiling the market - FURTHER MARKET ABUSE - as they also have been known by ordinary people to do.

12. You say you can't give a 'definitive legal position' - well, that is a shame my friends, because YOU ARE THE AUTHORITIES ON THIS SUBJECT. Not intellectually, but in terms of power. Therefore, if you cannot understand the law properly, WHAT ARE YOU BEING PAID FOR??

13. OUTRAGEOUS.

14. PLEASE RESPOND PROMPTLY.

15. Kindly stop palming me off on the Financial Ombudsman Service .

16. "Thank you again for writing to us and bringing this matter to our attention" - WHAT GOOD HAS IT DONE? YOU ARE DEFENDING YOUR POSITION, YOU HAVE AND HAVE "NOT" ANSWERED MY COMPLAINT, IN ANY WAY WHATSOEVER.

17. "Specific performance" comes to mind. I await your reply.

18. I am "Miss" xxxxxxxxx xxxxxxx - NOT Mr. Kindly amend your records, you will be hearing from me.

Yours sincerely,