Welcome finance & MKDP

[Exeterbay]

Re: Welcome finance & MKDP

Would it make a difference if I haven't received notice of assigment? What can they do if welcome have a charge and default is up soon? Robbin way are only debt collectors yeah so can't do jack? Are hoist trying to get somewhere b4 6yr default is up?

[charitynjw]

Re: Welcome finance & MKDP

Would it make a difference if I haven't received notice of assigment?
Yes - if no NoA, the assignment only equitable, & so the previous 'owner' would have to be joined in any court case.
What can they do if welcome have a charge and default is up soon? Robbin way are only debt collectors yeah so can't do jack? Are hoist trying to get somewhere b4 6yr default is up?
About this 6 years.......

........in post #1 you said

I havent had any contact with welcome since 2012 ish.

A default entry on a CRA file is a different matter to a default via the CCA, which in turn affects the date of cause of action which starts the Limitation Act statute-barred 'clock' ticking.

[Exeterbay]

Re: Welcome finance & MKDP

Sorry I'm a little confused..long day! CCA?
So welcome have a charge on my property since 2007 and they are still on land reg as such. My credit file says default from 2010 with MKDP- which hadn't been updated since December 2015.
Recently Had letter from Robinson way stating I owe "HPH2 (ex welcome)"
Not receive notice of assignment.
Contact in 2012 was via a third party friend not me direct.

[charitynjw]

Re: Welcome finance & MKDP

How much was the secured loan for? (I thought I read around £9k, but could be wrong.......it's been a hell of a day for me, also).
Also, the CRA file might have been started Dec 2010, but when was the last time you personally paid into (or acknowledged in writing) the account

Sorry I'm a little confused..long day! CCA?

Consumer Credit Act

[Exeterbay]

Re: Welcome finance & MKDP

Hi
So I have the SAR info here and the last time I spoke/contacted welcome was Jan 2011.
I notice that it also states the debt was written off in Dec 2012 would this be when the debt was sold? The original loan was £7500 and amount owed is £9000.
I haven't received notice of assignment from MKDP to hoist either.

[nemesis45]

Re: Welcome finance & MKDP

Hi
So I have the SAR info here and the last time I spoke/contacted welcome was Jan 2011.
I notice that it also states the debt was written off in Dec 2012 would this be when the debt was sold? The original loan was £7500 and amount owed is £9000.
I haven't received notice of assignment from MKDP to hoist either.

Hi,

Yes the write off date will refer to the sale of the debt to MKDP.

Did you write to Welcome or just make a phone call?

If they attempt court action then lack of the NOA's Welcome to MKDP , MKDP to Hoist can be requested.

nem

[Exeterbay]

Re: Welcome finance & MKDP

I wrote to them, was that a bad idea?
So no NOA is a game changer?
What about dodgy default notices? I have one of those im sure!

Many thanks

[charitynjw]

Re: Welcome finance & MKDP

I wrote to them, was that a bad idea?
So no NOA is a game changer?
It would be if you can prove that you haven't received them.
What about dodgy default notices? I have one of those im sure!
Definitely a game changer; a DN is a statutory requirement before a regulated agreement can be terminated.

Many thanks

####

[nemesis45]

Re: Welcome finance & MKDP

I wrote to them, was that a bad idea?
So no NOA is a game changer?
What about dodgy default notices? I have one of those im sure!

Many thanks

The letter you sent could be a problem if any part of it amounts to an admission of liability.

Do you have a copy?

nem

[Exeterbay]

Re: Welcome finance & MKDP

Hi all, well, I have a letter from Hoist saying; they will no longer be relying on and now disclaim the security referred above. HPH will take steps to remove the security from the register at land reg. The money is still owed and payable it's just the security being disclaimed!-

So if they have done this then how do they think they'll get any money? Why have they done this?

Thanks!

[nemesis45]

Re: Welcome finance & MKDP

Hi all, well, I have a letter from Hoist saying; they will no longer be relying on and now disclaim the security referred above. HPH will take steps to remove the security from the register at land reg. The money is still owed and payable it's just the security being disclaimed!-

So if they have done this then how do they think they'll get any money? Why have they done this?

Thanks!

The method of Hoist are strange at times!!

Is that all they say in the letter.

nem

[Exeterbay]

Re: Welcome finance & MKDP

Yeah pretty much! They started by saying the above account was secured on property, this account and the security have previously been assigned to MKDP and then Hph2. Then they say that hph2 will no longer be relying on and now disclaims the security above.
Debt is still payable, if I have a payment plan then keep paying but if I don't then please contact to arrange a plan.

I don't get it! Why? What happens now?

[Exeterbay]

Re: Welcome finance & MKDP

Also whilst I think about it.,. Say it comes off land reg it will become unsecured yeah? In Jan 2017 it will be six years since I last had contact with them so will that make it statute barred??

[nemesis45]

Re: Welcome finance & MKDP

Also whilst I think about it.,. Say it comes off land reg it will become unsecured yeah? In Jan 2017 it will be six years since I last had contact with them so will that make it statute barred??

Emm possibly as the debt is not now subject to the 12 year Limitation Period, as long as there have been no payment in the last 6 years and no written acknowledgements made.

nem

[Exeterbay]

Re: Welcome finance & MKDP

Ok so what is my next move? I'll check land reg to check its gone, why have they done this- do they feel they won't get any money from the property but can still chase me and get some??
I'm confused please shed some light!!