Welcome finance/MKRR/Raven

[FlamingParrot]

Re: Welcome finance/MKRR/Raven

Whilst reading this post the thought occured to me that I opened a new Natwest account about a month ago. Would they have checked my credit score as it's something I never do for the same reasons?

They would have checked your credit file, very likely, however, they wouldn't see the same thing you see, certainly not your credit score.

Each bank uses its own proprietary software to plug into the CRA data, and not all search all the CRAs. Some may just search the past 3 years, etc. and their acceptance criteria also varies from bank to bank and for different account types.

[ruthie59]

Re: Welcome finance/MKRR/Raven

Thanks for that. I was actually offered three different types of account to select from,much to my amazement. That's very reassuring to know.

[FlamingParrot]

Re: Welcome finance/MKRR/Raven

Thanks for that. I was actually offered three different types of account to select from,much to my amazement. That's very reassuring to know.

Could it be that your defaults are older than 3 years?

[dougle]

Re: Welcome finance/MKRR/Raven

Greetings everyone and happy new year!

Raven recoveries have sent me yet another letter (compello ref no etc)
Despite numerous previous letters you have not paid the outstanding balance on this account.

Payment of the full balance should be made on receipt of this letter unless you can provide us with a suitable reason for not being able to make a full payment.


If you are not in a position to make a full payment today,it is essential that you call us and speak to one of our trained staff who may be able to assist.

Blah Blah.


At this point I feel angry and would love to ring them and give tonnes of abuse.

I have not posted another PO, because I know for a fact they are playing a dirty game and I personally watched the post mistress place the PO in the envelope with the CCA request and seal it with tape for good measure.

Do I ignore these letters? If I have to correspond what is my next step? if it goes to a county court how will I find out?

This has blown my brains out once again, with a bereavement in the family just recently I need this like an hole in the head.

Once again, thanks so much for your past help, this site has genuinely stopped me from going over the edge and I really cannot thank you enough.

[FlamingParrot]

Re: Welcome finance/MKRR/Raven

[QUOTE=dougle;400293]Greetings everyone and happy new year![QUOTE]HAPPY NEW YEAR TO YOU TOO!

I have not posted another PO, because I know for a fact they are playing a dirty game and I personally watched the post mistress place the PO in the envelope with the CCA request and seal it with tape for good measure.

Do I ignore these letters? If I have to correspond what is my next step?

It's always best to reply with something rather than to ignore. From posts above, it looks like they have not responded to your CCA request, so you should respond with an account in dispute letter saying as much:

Dear Sirs

ACCOUNT NO: XXXXXX

Your attention is drawn to the fact that this account is subject to a serious dispute. On XX/XX/XX, I requested a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 77-79. To date you have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974.

In line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place. I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice.

Yours faithfully,

if it goes to a county court how will I find out?

You would receive a claim form in the post.

[dougle]

Re: Welcome finance/MKRR/Raven

After sending a "second response" letter together with the first response and a PO stapled to it by next day delivery I have now received a Keynes collections letter - a formal demand for over £5k- and is made in accordance with the practice direction- pre action conduct of the civil procedure rules. My attn. is drawn to para 4 of annex A of the practice direction blah blah.

What do I do now? depressed.heavily. In addition I got a card from the Post office for a letter requiring a signature- perhaps the docs I requested? don't know what to do now, extremely worried,

Thanks folks for taking time out reading this xxx

[Amethyst]

Re: Welcome finance/MKRR/Raven

Sounds as though it may well be the documents from the CCA, or a court claim. Don't panic you can deal with it.

You have already sent a formal CCA letter to the claimants and they are in default of that as they have not replied. If the letter is the agreement then scan it in and redact your personal details before posting it up here.

If it is a claim you can put the particulars of claim up here and we can see where to go next.

In your first post you mentioned you took the loan in 2007 and didn't pay much at all. Do you recall/can you evidence when your last payment or acknowledgement of the debt was?

[dougle]

Re: Welcome finance/MKRR/Raven

My mind is like a sieve! I defaulted easily mid 07-early 08 I got a call from welcome at that time re payments and I made an excuse that I was away and would resume payments if my memory serves me correctly. I will post up docs as requested tomorrow evening when in receipt of them, thanks once again.

[dougle]

Re: Welcome finance/MKRR/Raven

I was unable to collect the envelope today due to I.D issues! what I saw of the envelope was A4 in size and looked very thin indeed. That's assuming it is from MKRR anyway.

It is being re-delivered tomorrow.

What is this paragraph 4 annex A thing MKRR have pointed to? is it putting the onus on me prior to a court date?

[dougle]

Re: Welcome finance/MKRR/Raven

Today I have been insulted with a letter (s) as follows;

Thank you for your s77 cca request blah blah

At the current time we are only able to partially fulfil your request and are not able to provide you with a copy of your agreement .

in the meantime, we can present the following information that is material to your agreement .

which really amounts to a bunch of numbers relating to a supposed £3575 loan,

The other letter says pleas find enclosed reconstituted credit agreement (as detailed above)

Please note statements of account have also been requested and will be forwarded to you upon receipt.

We request you contact us on xxxxxx to discuss means of payment. Ho Ho Ho.

[Amethyst]

Re: Welcome finance/MKRR/Raven

Good stuff. Just keep it all safe.

Para 4 annex A of pre action protocols practise direction is4. Defendant’s full response

4.1 The defendant’s full written response should –
(1) accept the claim in whole or in part; or
(2) state that the claim is not accepted.
4.2 Unless the defendant accepts the whole of the claim, the response should –
(1) give reasons why the claim is not accepted, identifying which facts and which parts of the claim (if any) are accepted and which are disputed, and the basis of that dispute;
(2) state whether the defendant intends to make a counterclaim against the claimant (and, if so, provide information equivalent to a claimant’s letter before claim);
(3) state whether the defendant alleges that the claimant was wholly or partly to blame for the problem that led to the dispute and, if so, summarise the facts relied on;
(4) state whether the defendant agrees to the claimant’s proposals for ADR and if not, state why not and suggest an alternative form of ADR (or state why none is considered appropriate);
(5) list the essential documents on which the defendant intends to rely;
(6) enclose copies of documents requested by the claimant, or explain why they will not be provided; and
(7) identify and ask for copies of any further relevant documents, not in the defendant's possession and which the defendant wishes to see.
4.3 If the defendant (or insurer) does not provide a full response within the period stated in the claimant’s letter before claim (or any longer period stated in the defendant’s letter of acknowledgment), and a claim is subsequently started, then the court is likely to consider that the claimant has complied.
4.4 If the claimant starts proceedings before any longer period stated in the defendant’s letter of acknowledgment, the court will consider whether or not the longer period requested by the defendant was reasonable.
B

[Amethyst]

Re: Welcome finance/MKRR/Raven

So basically its saying you should respond to a letter before action.

[dogtired]

Re: Welcome finance/MKRR/Raven

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[dougle]

Re: Welcome finance/MKRR/Raven

Good evening folks, after the barbed letter I sent them last week I received a letter today that I cant quite make sense of, either they have rolled over on me and are defeated or I await more BS.

Dear blah blah


thank you for your recent communication into our office re above account

Unfortunately we are unable to resolve your query at this time, MKDP llp take great care to ensure that such matters are dealt within a professional manner and as such we will be conducting a thorough review which may include liasing with your original creditor.

once we have completed our review we will be in contact with you regarding the resolution of your query.

So how do I play it as regards the 30 day limit on Data protection etc?

[dougle]

Re: Welcome finance/MKRR/Raven

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