Welcome finiance help needed urgently.

[jaybee1]

Hi
I have just opened the post and found a debt collector letter from Mackenzie hall asking me for £10400.
So after picking myself up from the floor I rang them and they informed me it is for welcome finance for a car I had purchased in Jan 2006 through them.

The car was bought from a showroom in Birmingham and I soon noticed it wasn't right.
After many phone calls and letters Welcome agreed for the car to be inspected at vauxhall from which it came back with a huge list of faults and unsafe issues.
So I was advised to leave it at the dealership and not touch it until it was repaired.
After a few more phone calls Welcome agreed to take it back and write off the debt.
This as far as I thought was the end of it.
Untill this letter 7 and a half years later!!
I have moved house many times in this time and have no letters or anything relating to the car in my possession.
What do I do???
I couldn't even remember who welcome was until this.
Do I need legal assistance, am I screwed?
Will this have helped ruin my credit rating?

[dogtired]

Re: Welcome finiance help needed urgently.

Try not to phone them, it is my understanding that Mackenzie Hall "spelilize" in statute barred or other unenforcable debts.
I had the same and sent them a " prove it " letter, ( templates on site) to date they have not, but they did try agsin about a month ago and agsin have not responded.
Welcome are them selves in default.

[ruthie59]

Re: Welcome finiance help needed urgently.

Would the debt be statute barred now?

[jaybee1]

Re: Welcome finiance help needed urgently.

ive just read about this statute barred thing. Could it apply to this?

[dogtired]

Re: Welcome finiance help needed urgently.

I think it depands on when your last payment was made and if Welcome defaulted you.
and where you live it is different in Scotland.
Hope some one with more knowledged will be along to advise, mine not quite stateute barred as it was a "personal loan"

[MissFM]

Re: Welcome finiance help needed urgently.

Try not to phone them, it is my understanding that Mackenzie Hall "spelilize" in statute barred or other unenforcable debts.
I had the same and sent them a " prove it " letter, ( templates on site) to date they have not, but they did try agsin about a month ago and agsin have not responded.
Welcome are them selves in default.

What does this mean DT please ? (spelizize)

(I think Scotland is 5 years for SB and rest of UK 6)

[dogtired]

Re: Welcome finiance help needed urgently.

What does this mean DT please ? (specialises)

(I think Scotland is 5 years for SB and rest of UK 6)

sorry my extremely bad spelling! "specialise"

[MissFM]

Re: Welcome finiance help needed urgently.

Phew! thanks DT - thought I was cracking up then! x

[FlamingParrot]

Re: Welcome finiance help needed urgently.

Hi
I have just opened the post and found a debt collector letter from Mackenzie hall asking me for £10400.
So after picking myself up from the floor I rang them and they informed me it is for welcome finance for a car I had purchased in Jan 2006 through them.

The car was bought from a showroom in Birmingham and I soon noticed it wasn't right.
After many phone calls and letters Welcome agreed for the car to be inspected at vauxhall from which it came back with a huge list of faults and unsafe issues.
So I was advised to leave it at the dealership and not touch it until it was repaired.
After a few more phone calls Welcome agreed to take it back and write off the debt.

Did you ever get anything in writing about this? :typing: Because having a £10k car debt written off is not something to be just discussed over the phone and left at that! hone:

This as far as I thought was the end of it.
Untill this letter 7 and a half years later!!
I have moved house many times in this time and have no letters or anything relating to the car in my possession.

If you haven't made any payments or acknowledged in writing in 7 years, then the debt will be Statute Barred, even in England, which your profile shows as your legal system.

What do I do???

If you are sure that you haven't paid or acknowledge in 7 years, then you'd just send a letter stating it's Statute Barred and it's against the OFT debt collection guidance to harass a debtor once the debtor has stated the debt is SBd. I'll dig one up for you. :thumb:

I couldn't even remember who welcome was until this.
Do I need legal assistance, am I screwed?

No to both! :nono: See above! :grin:

Will this have helped ruin my credit rating?

Not if you were defaulted 7 years ago, the default should have dropped off by now. :thumb:

[FlamingParrot]

Re: Welcome finiance help needed urgently.

If the debt hasn't been paid or acknowledged in 6 or more years (in England), send this letter:

Dear Sirs

Statute Barred Account No: xyz

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully,

[dogtired]

Re: Welcome finiance help needed urgently.

Phew! thanks DT - thought I was cracking up then! x

my own fault for not using a spell checker!
good luck to the OP!
:tinysmile_grin_t:

[wales01man]

Re: Welcome finiance help needed urgently.

Is it worth the OP checking the CCJ register?

[FlamingParrot]

Re: Welcome finiance help needed urgently.

Is it worth the OP checking the CCJ register?

There's no mention of a CCJ but, as it doesn't cost that much, I don't see why not: http://www.trustonline.org.uk/search-yourself

Obviously if the CCJ was obtained 7 years ago it wouldn't show up.

[jaybee1]

Re: Welcome finiance help needed urgently.

Ive checked for ccjs and I could see one issued the end of june to an old address from northampton ccmcc? This is for a different amount that I hadnt a clue about.
I am going to send them that letter tomorrow and get it sorted.
So what happens to the debt after that letter is sent out?
After a brew and some rational thought im not stressed as much about it.
Ive just started a company and was worried it could do some bother with that.

[dogtired]

Re: Welcome finiance help needed urgently.

As I understand it " on hold" until they comply.
Not too sure about the CCJ, hope some will advise on that.