big problem help please

**hampshire1** · 31st January 2008 19:03

in June 2000 I brought a car on finance with Welcome financial services. Amount of credit was £2195 with finance charge this went up to £3579.
I was told by the car salesman that I had to have PPI icon

this added £1571 to the amount. total payable £5150.
in oct 2005 the wife just upped and left, and the unpaid bills started rolling in. in nov 05 a letter from DLC stating the car has not been paid since may 02.
as with all the bills that came in I explained by letter that I was unaware of any missed payments as I had no control of the finances and can we try to work something out.
total amount outstanding was £2867. I have been paying every week and I now pay £12.50 per week. DLC said today they want more per week as its not enough. I explain I am an un employed single parent only to be told to not buy so much food and give more to them.
anyone come up with any ideas to get out of paying?
could I put in a claim for miselling PPI?
I figure the outstanding amount would be the amount they charged for unused and misold PPI
any help would be great as am slowly trying to pay loads of bills she left behind.

Similar Threads:

**payingonlyencouragesthem** · 31st January 2008 20:00

Welcome's PPI icon

is a gem - you have to be out of work/ill/dead for at least a quarter of the loan term just to break even. There is a misselling angle there but you could only use it as a CCJ counterclaim IMO. As a first step I would CCA them (DLC) to see if the debt is actually enforceable.

**hampshire1** · 31st January 2008 20:18

hi there, when i first got the letter from DLC i wrote back asking about the debt. They replied with a copy of HP agreement i signed. does that mean i have to pay?

**payingonlyencouragesthem** · 31st January 2008 20:47

Originally Posted by hampshire1

hi there, when i first got the letter from DLC i wrote back asking about the debt. They replied with a copy of HP agreement i signed. does that mean i have to pay?

Properly documented HP's are hard to wriggle out of. What I would do here is construct an income and expenditure sheet and make an offer for monthly payments based on this info. If they decline start trying to pay them anyway (sending cheque, PO etc) and document their response. This will stand you in good stead if things move to the court stage. Perhaps you could post that HP agreement here via Photobucket so we can check it's enforceability.

**robcag** · 31st January 2008 21:00

Originally Posted by hampshire1

hi there, when i first got the letter from DLC i wrote back asking about the debt. They replied with a copy of HP agreement i signed. does that mean i have to pay?

Hi hampshire1

You could start by scanning the copy of the agreement you have (obscure your personal details), but leave the loan figures etc. intact.

I may be barking up the wrong tree here, and no doubt someone will correct me if I am

, but I seem to recall that if PPI icon

is a condition of getting the loan, then the sum paid for the privilege has to be included in the "costs for finance" figure.

Also there's the possibility that the interest icon

rate (APR?) may not be correct, so if you show the figures here no doubt someone with more knowledge will check your loan out and tell you if it is kosher or not.

Rob

**robcag** · 31st January 2008 21:02

Originally Posted by payingonlyencouragesthem

..... Perhaps you could post that HP agreement here via Photobucket so we can check it's enforceability.

Sorry POET, I didn't fully read your post, you beat me to it!

Rob

**hampshire1** · 1st February 2008 00:40

hi guys, hope this helpsscan0002.jpg

**robcag** · 1st February 2008 00:57

Unfortunately that isn't big enough to read. What you need to do is upload the scanned image to photobucket and link to it.

Rob

**hampshire1** · 1st February 2008 19:41

**hampshire1** · 1st February 2008 19:42

hi guys i hope i have done it right now! sorry bit new to this

**robcag** · 1st February 2008 22:32

Originally Posted by hampshire1

hi guys i hope i have done it right now! sorry bit new to this

Unfortunately it's still not readable! Have you scaled it down in size when scanning? Sorry but I think you'll need to do it again.

Rob

**hampshire1** · 2nd February 2008 00:12

sorry guys does this wor

k?

**hampshire1** · 2nd February 2008 22:56

hi robcag, can u read the form now? looks ok on my computer.

**robcag** · 2nd February 2008 23:38

Hi h1

Yes that's much better!

All you need now is for one of the helpful experts to drop in and take a look.

Rob

**hampshire1** · 2nd February 2008 23:51

Thanks rob, calling all experts PLEASE look

**Goldlady** · 3rd February 2008 00:56

Hi hampshire1 - as far as I can tell the agreement is enforceable.

But that is not the end of the world. DLC will threaten you with all sorts of horrendous catastrophic punishments to screw a few extra quid out of you.

If you do as suggested above and send them a statement of affairs offering to pay what you are already or what you can afford - be that more or less than you are paying at the moment - and actually do pay them that amount, then I doubt very much if they will take you to court. After all if they do all the court will do is enforce the payment arrangement you already have in place.

Apart from the downside of getting a CCJ, getting the court to force them to accept the payments you have offered might actually help you

**hampshire1** · 4th February 2008 01:19

ok thanks for the advice.
any ideas on the mis selling of PPI icon

?

**Goldlady** · 4th February 2008 09:49

There is an excellent 'sticky' on PPI icon

and reasons for claiming it has been mis-sold. If you can't find it post again and I will find a link to it.

**hampshire1** · 4th February 2008 12:20

Thanks goldlady, i have looked at them. Do they ever back down on a mis sold PPI icon

?

**robcag** · 4th February 2008 18:16

I'm definitely no expert, so don't let me raise your hopes too much, but I'm pretty sure I've read on here somewhere that if agreeing to PPI icon

is a compulsory condition of granting credit, then the amount charged for PPI should be included in the amount charged for credit and should be shown as such on the agreement.

On your agreement it mentions optional PPI, yet you say you were forced to take it. If you can prove that it was compulsory then you may have a case for the agreement being invalid or unenforceable.

What is your opinion on that aspect Goldlady?

Rob

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