Unenforceable Loan Agreement Welcome/MKRR problem

[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.

This was proved incorrect today, 28th June 2012, when I discovered that the OFT public search register for consumer credit licenses is not searchable by trading name, but registered name only.

MKRR are is, in fact, a trading name of Compello Operations Limited, who are licensed.
However, one cannot search the public register of CCL holders by trading name.

This lack of true searchability in the OFT CCL register makes the term 'public search register' a misnomer, and misleading. The inability to find trading names has causes me hours of wasted work and costs in making complaints to FOS (#183) AND OFT (#179), and following up these complaints.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Letters to OFT following that in #193
Sirs,

Further to my letter below (#193), I see now it is Compello who are MKRR and are trading from the same place as MKDP. MKDP have responded to my letters to MKRR, and this is not acceptable, since I am working with precedent when deciding who I should write to.

My complaints that your register is unsearchable by trading name, and that this causes further confusion remain. It is my time and resources that are being used in this matter, and you are accountable if your register is not searchable.

I await your reply.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Call to FOS
Call recorded - duration 58 minutes.
Nick dealing.
Nick entered notes dictated by me, onto FOS system.
He opened a file in my name to do this, since they have not yet logged my complaint.
These notes corrected the errors in my complaint form sent to them on 24th June 2012, #183.
The errors had arisen from the lack of searchability of the OFT public search register.
I also requested financial compensation from MKRR/MKDP/Compello for their failures.

Nick also explained to me the basic difference between the OFT, and the FOS:
OFT deals with regulation of businesses
FOS deals with consumer complaints against businesses.

This may explain why, when I complained to OFT by e-mail (# 179), I received a reply from the FOS at one point.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

DPA SAR documents received from Welcome Finance
The accompanying letter says statement of accounts have been requested and will be sent separately.
I'm not sure how much more time I can spend on this today, I have to earn some s/e money.
However, a few things strike me at first glance:

1) When I asked Welcome to take car away in 2006 after 3 months of bed-ridden illness, they have noted on the account numerous attempts to take it, but being unable to 'uplift' as it was parked on a private driveway. They never once communicated this to me, and I was forced to move it to two further addresses, also (at these 2 last addresses, the car was also on private driveways, but not by some deliberate attempt to keep the car. I could not run if during or after my serious illness). I was also forced to apply for SORNS, get the motor running to move it, and to finally give it away after failed MOT, to get rid of it.

2) Written reply from Welcome to me about 4-hour coercive selling process: "I am sorry to hear of the unpleasant selling process that you feel was not dealt with correctly". This is in response to my complaint letter, and this is all the responder says. Actually, I feel the selling process voided the contract ab initio (from the start), being unlawful.

3) The 2005 personal loan at 63% interest was 'fully written off' by Welcome in Dec 2007. This is perhaps why I have never received any collection attempts from anyone? I was once told several years back by a Welcome officer that it had 'disappeared from the system'.

4) I wrote to Welcome on 05/12/05 to 'terminate my agreement with you to buy the blue Ford Ka'. This was a couple of months before my serious illness (I was stressed. I am undergoing blood tests next Tue, 3/7/12, to find out if I suffer from hypothyroidism, an life-long condition, which is particularly aggravated by stress). Nevertheless, agreement was not terminated, but refinanced.

5) Demands and needs statement just before refinance (and just before serious illness) 31/01/06:
- PPI - not suitable (ticked) - customer decision (not ticked)
- Lifecare 24 - not suitable (ticked) - customer decision (not ticked)
- Medicare 24 - not suitable (ticked) - customer decision (not ticked)
- Homecare 24 - not suitable (ticked) - customer decision (not ticked)
Letter from Welcome to me following my complaint and dated 02/08/06 says this 'demands and needs statement' "does not form part of the legal agreement and should not have been completed at all as it only relates to Personal Loan and not a Hire Purchase".

6) 'COMMISSION TO THE DEALER' (list of 5 insurances on car loan follows): £973.86.

7) Oh my goodness, my car was MAUVE in 2001, not blue like when I bought it after "1 lady owner" in 2004. From Experian LINK Car Data Check (Is it Experian that Welcome run? because they are licensed to run a credit reference agency, despite conning the market out of £200m in 2007).

8) Original car loan agreement:
- Cash price of goods (car) £3960.00 (Glasses Guide trade value of this exact car/mileage £2660)
- Total payable for car: £6676.48 at 33.3% int = £137.01 per month for 4 years.
- Total payable for insurances: £4304.16 at 30.3% int = £89.67 per month for 4 years.
- Total payable under agreement: £10980.64 = £226.68 x 48 payments

9) Charges added during and after my serious illness:
Total agreement for car + insurance was £10980.64.
It appears I made payments totalling £3175.80.
Last payment 31/12/2005, amount reg'd on my credit file by MKDP on 19/12/06 = £10235 = PLUS £2430.16 charges.
I have a screenshot of this, shot dated 13/6/12.

10) On checking Noddle CRA today, 29th June 2012, the 'defaults' have been updated LAST MONTH, as follows:-
- car loan £10235 Default 15/05/12
- personal loan £1898 Default 31/05/12

11) There is at least 1 default notice copy, I will get back to this.

12) Reason for £4k demanded in 2006 when I was bed-ridden with illness, is
"Termination rights: can terminate, then Welcome entitled to 50% agreement = £3338.24, plus the car.
If you have already paid at least this amounts, plus any overdue instalments, you will not have to pay any more providing you have taken reasonable care of the goods. There may be remaining liability under the agreement for OPTIONAL insurance"!!

13) Pattern? Refused insurance claim 2005 when lost PAYE job; wrote to terminate agreement 12/05, agreement not terminated, forced to move due to job loss, demands and needs statement done in complete error for refinancing, refinance cancelled PPI as 'not suitable', very shortly after I became seriously ill. Then wrote to tell them to take car away because I couldn't even insure it, but they didn't because it was on private drive, and they didn't inform me that they couldn't get it. Paperwork says numerous cards delivered, but I "never saw one". Then when I complained about insurance Welcome made a nonsensical reply: "I have reviewed the self-employed status of the PPI and believe all self-employed were not covered at the time of taking out your policy but have since been added into all new policies, however there are clauses like any other insurance policies and the main one that could affect you is the policy does not cover seasonal work, such as builders taking time off due to weather etc....When your Hire Purchase agreement was refinanced, this was due to the afford ability and therefore when the PPI was cancelled a rebate would have been included in the settlement figure, giving you an affordable amount to pay each month. As stated in your letter the (re) Finance agreement was signed by yourself. The Demands and Needs statement (where PPI was cancelled) does not form part of the legal agreement and should not have been completed at all..."
I never did seasonal work. I was then, and am now, a self-employed telephone clairvoyant (apart from a short period in PAYE work in early 2005, caused by rules of my then accommodation - i.e., not allowed to work in shared house).
This is back to Bill-K's FSA booklet about 'cumulative errors in selling/(other) processes'.


Time on file today: 3.5 hours.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Welcome DPA SAR return
I believe Welcome may have omitted my complaints letters to themselves although I have not had time to work through all the documents (CPUTR 2008 - ommissions)

[leclerc]

Re: Hello from Christian - Welcome/MKRR problem

Point 5: is that a document that they sent you with regards to a PPI that was taken out?
If that is, then that is super duper

[leclerc]

Re: Hello from Christian - Welcome/MKRR problem

Point 5: is that a document that they sent you with regards to a PPI that was taken out?
If that is, then that is super duper

Christian, what's the answer to this question I've asked?(not sure if you missed the question)

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Illness
I am trying to clear my credit file in order to obtain a dental loan for full mouth restoration.
Some of this work has been needed since at least 2004 but it has got worse over the years.
2 days ago a new ulcer blew up in my mouth.
I know this is because I am angry about my current situation.

Welcome and MKDP have re-entered new default dates on my credit file for this May. Is this legal?

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Point 5: is that a document that they sent you with regards to a PPI that was taken out?
If that is, then that is super duper

Hi leclerc, just found this.
Yes.
Thanks!

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Christian, what's the answer to this question I've asked?(not sure if you missed the question)

I was writing post #204 as you were writing post #203 and therefore could not see screen.
Answer at #207.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Can anyone help, please?
Can anyone tell me if I can secure any funding whatsoever to do this legal work on my behalf?
I don't want Legal Aid, I want to do it myself, and fund my time spent on it, before bringing case.

Note to self: make initial complaint to FAS re Welcome, and ask for initial compensation.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Court cases bought by consumers against Welcome
Here - beware representative of Welcome bringing up previously undisclosed issues, make judge aware if this happens.
Here - small claims go up to £5k only.
Here - judge decides on claims over £5k, whether they go to:-
a) fast-track = £5k - £25k. Usually no more than 1 day.
b) multi-track. Often last several days.
Either way, court fee is £220.
Here - mediation in debt disputes
Using mediation will give you a chance to informally discuss the issue and reach an agreement that you’re both happy with. If you reach an agreement, you can get this written up and signed.
The mediator can’t force anyone to do anything, but both sides are likely to stick to any agreement they have freely signed up to.
You will have a wider range of options than a judge in the courtroom. You could agree to repay or reclaim part of the sum, settle on a repayment plan, or ask for compensation or an apology.

The LawWorks charity can provide free mediation if you can’t afford to pay and don’t have any other ways of paying. See the link to ‘LawWorks mediation’, below, to find out how to apply.
LawWorks mediation
If mediation doesn’t work, isn’t suitable, or if the other side doesn’t agree to it, the case can still go to court.

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Response from FOS to e-mail in #181, page 8 of this thread

Shearing, Dan Dan.Shearing@financial-ombudsman.org.uk	4:18 PM (1 hour ago)
to me

Dear xxxxx xxxxxxx

Thank you for your email.

Do you have an address for MKRR? It appears that they may have a consumer credit license as a trading name for another firm but I need to check their address to confirm this. If they do hold a license then we will be able to raise a formal complaint with them.

Please also provide me with your address so I can send a complaint form and paperwork to you in the event that we are able to help with this.

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

My response to FOS e-mail #211

	6:08 PM (6 minutes ago)
to Dan

"Dear Dan,

Yes, I've now found out it's a trading name for Compello Operations Limited.

BUT YOU CAN'T SEARCH THE OFT PUBLIC SEARCH REGISTER BY TRADING NAME, ONLY REGISTERED NAME. I have now complained to the OFT about this.

I have sent a 3-page written complaint to FOS last weekend. Called today and they have not yet logged it onto system. So I dictated correcting notes to a Nick, after he created a file on the system at my request, under my surname - xxxxxxxxx. I am "Miss" xxxxxxxxx, not Mr.

That set of notes is now full, could you kindly refer to it if you are working on this, as I have no time to explain again. I first wrote to you by e-mail, then was told to download complaint form and send, hence 2 avenues going.

Please do not hesitate to e-mail me, though, if I can help clarify further.

Many thanks,"

[Guest]

Re: Hello from Christian - Welcome/MKRR problem

Mediation with Welcome Finance
I am considering this option to end dispute with Welcome.
I feel it's appropriate where the car wasn't returned.
It can be done for free and is not a hostile or stressful procedure.
It allows both sides to be heard.
It can be done for free.
It can still go to court if mediation fails.
The twists and turns in my history with Welcome are pretty complex, affecting both sides.
What I cannot tolerate is their not facing the serious legal issues thus far, with me.
And I can ask for an apology/apologies.
I can ask for compensation for ongoing damage to credit file and not sorting this out with me before.
Here - mediation is 'without prejudice', meaning that if it fails, the discussion won't be used as evidence in any subsequent court hearing.
Mediation also allows negotiation of compensation for ruination of credit file, without again the formal use of law, precedent, blah blah blah.
If mediation failed, at the very least I would have got the facts clearer in my head, ready for trial.
What goes both for and against mediation is it seems to be a verbal process only, without documents.
However, it would be Welcome's opportunity to avoid a trial with me and they may be willing to negotiate for this.

Here - Durkin "if anyone is in a position to speak about the number of UK citizens currently struggling with a default against them, my legal team would be happy to hear from them...Any stories about the damaging effects of a default too would be welcome"