IND - Welcome Finance (Threatening Court Action)

[bmanc]

Good morning everyone. Im hoping to get some advice on a letter I received. Apologies in advance if the below post seems rambling at all. Ive got so many questions but ill try and keep it to a minimum.

And thank you in advance for your help.

On 4th July, I received a letter from IND (Dated 17th June) stating "LAST LETTER BEFORE LEGAL PROCEEDINGS". It said that, as I had not responded to their many previous letters (none of which I have ever received), they were now taking me to court and to avoid this, I must make the full £3000+ payment by 1st July.

I have sent them the "prove it" letter but I believe the next step for them would be to ignore this and take me to court as it appear that they sent their "final letter" after the date I was supposed to make payment.

The debt in questions is a Welcome Finance Loan.

My main question before I go anywhere is regarding the loan itself. I did in fact have a loan with Welcome Finance many years ago. I entered into a debt management plan and I believe this loan was settled.

I have a copy of my credit file from last year (before the debt became Stat Barred) stating that it was settled.

I have had no statements, no credit agreement, nothing but a letter from IND stating that I owe over £3k to welcome finance and if I dont pay, im going to court.

Do they have a leg to stand on as I have a copy of my credit file from December 2012 showing the debt as Settled?

[charitynjw]

Re: IND - Welcome Finance (Threatening Court Action)

Hi bmanc, & welcome to Legal Beagles.

When was the last time you acknowledged this 'debt' (either by paying towards it, or in writing, admitting to owing the money)?

[bmanc]

Re: IND - Welcome Finance (Threatening Court Action)

Hi Charity.

I honestly couldnt tell you. I have moved house 3 times since 2008 and I no longer have any paperwork from Welcome Finance. I have no idea at all. I could fathom a guess at 2007 but it would have been no later than 2008. I understand the 6 year rule.

On the copy of my credit file, it says the debt was settled in 2007.

[charitynjw]

Re: IND - Welcome Finance (Threatening Court Action)

http://www.ind.co.uk/Home/About

So, are they collecting 'on behalf of...', or have they bought the debt?

If it were me, I would await a reply to the 'prove it'. (Did you send it with proof of postage?)

[bmanc]

Re: IND - Welcome Finance (Threatening Court Action)

Thank you. I dont have the paperwork with me at work but i will update when I get home. I believe that they are collecting on behalf of.

I have read a few threads on this and other forums about this "Last letter before legal action" stunt from IND where the individual has received no prior communication from them and they ignore the "prove it" and go directly to court.

I am expecting the court papers any day as they appear to have sent their letter after their deadline date.

On the day I received the letter I emailed welcome and IND asking for more account information but have been ignored on all fronts.

My main concern is the ammount of time I have taken over the past few years to rebuild my credit, avoiding CCJ's and i am almost completely clear of all defaults. Now this. It seems that they are just out to ruin people.

Thanks again for your help.

[charitynjw]

Re: IND - Welcome Finance (Threatening Court Action)

If they are an agent of the owner of the debt, they cannot take legal action - they would have to pass it back to the owner.

The 'prove it' should have covered this point.

Did it?

[bmanc]

Re: IND - Welcome Finance (Threatening Court Action)

I used this template:

(Your home address)
Date:

To:

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully



Your name.

[charitynjw]

Re: IND - Welcome Finance (Threatening Court Action)

That's a CCA s77-79 request (which is ok)

A 'prove it' is like http://www.legalbeagles.info/forums/...ing-with-DCA-s
Post #4

Btw - don't sign anything.
& remember to get proof of postage (or email)

[bmanc]

Re: IND - Welcome Finance (Threatening Court Action)

Thank you very much. I will get this sent off today.

Everything is sent recorded and I have signed the CCA with my left hand (I saw this in another thread) but I will not be signing anything else.

I will update with any further information. I really do appreciate the help.

[bmanc]

Re: IND - Welcome Finance (Threatening Court Action)

Well they didnt waste any time.

I received a claim form today.

Continued below.

http://www.legalbeagles.info/forums/...elcome-Hagarty

[FlamingParrot]

Re: IND - Welcome Finance (Threatening Court Action)

Well they didnt waste any time.

I received a claim form today.

Continued below.

http://www.legalbeagles.info/forums/...elcome-Hagarty

Have replied to other thread: http://www.legalbeagles.info/forums/...069#post357069