Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
    Basic Account Holder jellytotters Novitiate

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    Default Voluntarily returning my car whilst still under finance to Welcome finance

    Hi all, a quick question is it true that a car purchased from Welcome Car finance can be voluntarily returned either half way through the agreement or when half the finance is paid? I have no defaults with the company, it's just that i'm paying far to much for not a very good service! I only ask as someone mentioned it to me earlier but didn't get the full information I propbably need.

    Thnks

    G

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  2. #2
    Basic Account Holder aj84 Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Not sure so don't take what I say with too much thought however, I think this is correct
    However, you would need to look at your finance forms. There is usually a section (atleast there was with mine) where you have a figure of where you can just hand the car back

    It takes into account interesticon etc


  3. #3
    Basic Account Holder Caroline79 Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Hi,

    If you still have your finance documents there should be a section givin you info on your right to terminate the agreement, it normally gives you the figure which needs to be paid, generally it is the half way stage. I used to work in adminicon of the motor trade and all of the finance docs I saw had this. I handed my car back half way through an agreement with 1st National Motor Finance and my brother has just done so with Black Horse.

    Hope this helps.


  4. #4
    Basic Account Holder jules79uk Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Any car purchased under Hire contract can be given back 1/2 way through its agreement it is to protect the consumer or the creditor depending on how you look at this. Basically the Credit Company can take the vehicle from you 1/2 way through your term if they believe that said vehcile is actually worth more than the outstanding balance this never happens, however the flip side is that you can return vehicle, as in most cases the O/S balance you owe is actually alot more than said vechicle's actual value and is your consumer right under the hire purchase agreement, as i'm led to believe.


  5. #5
    Basic Account Holder jellytotters Novitiate

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    Question Re: Voluntarily returning my car whilst still under finance to Welcome finance.... one more question

    Thanks for the info

    One more quick question, what should I be looking for to see if I have a HP agreement? I have T's&C'S on the back of 100+ check point thingy, what should the paragraph etc etc say?


  6. #6
    Basic Account Holder martin2006 Novitiate martin2006's Avatar

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    I think its a section headed "Your rights to terminate this agreement" It should then give details of "blah blah if u have paid at least one half of this agreement you may return the vehicle and will have nothing more to pay providing it has been kept in good condition, blah blah"

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    Basic Account Holder robuck Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    YES.. if you have a normal Hire Purchase agreement, you can Voluntary Terminate your agreement.

    You need to have paid half the TOTAL payable. i would say the best bet is to ring the finance company and ask them if you can VT your agreement.

    There will be certain terms for the conditon of the vehicle ( ie MOT, service history) so you are best speaking to them.

    I doubt the T+C's for the credit agreement will be on the back of the 1000+ check list, it might just be the T+C for the warranty?

    Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others.
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    Basic Account Holder The Large Portion Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    If you voluntarily hand back your vehicle half way though, does this impact your credit record in any way?


  9. #9
    Basic Account Holder buffyoo7 Informative buffyoo7 Informative buffyoo7's Avatar

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    hi
    we vt our car with welcome no defaults before paid half
    some time after get a default notice no mention of vt
    and then court papers from solicitor
    have a look at our thread court order welcome fianance
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  10. #10
    Basic Account Holder aj84 Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    as far as I know, and I'm 99% sure of this because I think we did this to one of our first cars on finance when we decided we wanted to change but didnt want the hassle of keeping the (at the time) current one, that it does >not< affect th credit

    As long as you kept up with your payments, its something you're allowed to do and as far as the parties concerned, the agreement has been settled with no outstanding payment.

    Someone will correct me if I am wrong though


  11. #11
    Basic Account Holder Us versus Debt Novitiate Us versus Debt's Avatar

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    you should also visit Car Credit Complaints They know welcome very well and can give you more details on how to VT correctly as its easy to get things dreadfully wrong with welcome and end up getting stitched for a big sum of money

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    Basic Account Holder hankster123 Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Hi there. Welcome Car Finance took my car yesterday (well a courrier took it to an auctionicon house in Liverpool), all has gone well and happened reasonably quickly, I V.T'd the car 9 months early and i know i owe the payments up until the two year point, they told me to go to my Welcome office and set up an agreement to pay off the outstanding balance, what I would like to know is if they will then charge me interesticon again, bearing in mind that I have already been charged interest, also they have charged me an additional 270.00 for things that the RAC picked up on (ie a couple of scratches, small dint and a valet), but the courier told me he would be taking it direct to the auction and it would be sold as it stood, without any of the work which i am being charged for done to the car, is this allowed, what can i do?? Any help/advice would be much appreciated, Many Thanks


  13. #13
    Basic Account Holder bankrupt idiot Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Quote Originally Posted by jules79uk View Post
    Any car purchased under Hire contract can be given back 1/2 way through its agreement it is to protect the consumer or the creditor depending on how you look at this. Basically the Credit Company can take the vehicle from you 1/2 way through your term if they believe that said vehcile is actually worth more than the outstanding balance this never happens, however the flip side is that you can return vehicle, as in most cases the O/S balance you owe is actually alot more than said vechicle's actual value and is your consumer right under the hire purchase agreement, as i'm led to believe.
    Actually they can't take the vehicle from you after you have paid 1/3, unless

    1. You have missed payments and.
    2. A court has authorised them to do so.


  14. #14
    Basic Account Holder robuck Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Quote Originally Posted by bankrupt idiot View Post
    Actually they can't take the vehicle from you after you have paid 1/3, unless

    1. You have missed payments and.
    2. A court has authorised them to do so.
    We are discussing VT's here matey...

    Under a Hire Purchase agreement, you can voluntary Terminate your agreement at any time by

    1) Paying half the TOTAL outstanding balance ( not taking into account Insurances and warrranty's)

    2) Agreeing to be liable for the remaining payments up to thehalf way mark. - This means you will have to hand the car bck, but still pay the normal instalments up to the amount you are liable for otherwise you will end up defaulting on your agreement and getting a default on your credit rating..


    Quote Originally Posted by hankster123 View Post
    the courier told me he would be taking it direct to the auctionicon and it would be sold as it stood, without any of the work which i am being charged for done to the car, is this allowed
    Short answer is yes...... You are being charged for the depreciation of the cars value due to the 'faults' with the car.

    Say a car is wroth 5000.. there are 500 worth of 'faults; with it, you either pay them 500 and they get it fixed and sell it for 5000 or you pay the 500 and they sell it for 4500... total money recived for the car =5000!

    and yes... i do this for a living!

    Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others.
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  15. #15
    Basic Account Holder Fighter of Evil(Banks) Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Hello All,

    Nice reply Robuck.

    My contract, in the Key Information section states:

    'Termination: Your rights. You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is xxxxGBP. If you have already paid at least this amount plus any overdue instalements and have taken reasonable care of the goods, you will not have to pay any more.'

    I have paid more than half, i.e the quoted figure. The car has been serviced and will be again next week. However, there is a dent in the driver's door as somebody went in the side of it but didnt bother to leave their details!!! My question is as I have paid half of the amount payable, if they took the car away I wouldnt owe them anything, but will they charge me for the damage to the door?

    Any help would be great.

    Thanks


  16. #16
    Basic Account Holder robuck Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Under the terms of the agreement yes they have a right to charge you for the dent to the door.

    When the vehicle is collected you need to be there when they look over, you will have to sign to say you agree with the condition of the vehicle.


    Some companies will just send somone out to collect it without looking at it. others will go over it with a fine toothcomb. Depnds on how lucky you are really.

    You would be best getting a quote from a local body shop (or two) this way, if you disagree with the cost of the repair ( IF they charge you) you can give them two other independant prices.

    as i said before though, some companies may just agree to it and send somone out to collect it without checking it.

    hope that helps.

    Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others.
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  17. #17
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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    With regard to the collection method employed as stated in robucks post, get some photos of the car while it is being examined (if it is) or before it is taken away.

    You are vulnerable to an exploit, read here for the solution.
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  18. #18
    Basic Account Holder robuck Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    That is a good point. If you make a note of any damage you think needs to be repaired ( for a guide, if there is a scratch on the car and you cant run your finger nail over it without the scratch stopping it, it is considered to be beyond general wear and tear).

    Also by taking photos you can prove the damage or lack or it if the company queries any damage which you feel doesnt need to be repaired or wasnt there in the first place.. ( some collection companies can cause damage to the vehicle in transport).

    Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others.
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  19. #19
    Basic Account Holder militantconsumer Novitiate militantconsumer Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    We are planning to do a voluntary termination later this year, once we have reached 50% of the total amount payable under the agreement.

    After the ridiculous interesticon rate we have been charged for the last few years (and the dodgy PPI policies on the previous cars we had on HP) we do not feel very inclined to spend a lot of money getting the vehicle into perfect condition before handing it back for them to sell at auctionicon.

    Will they really bother pursuing us for repair costs? Presumably they would have to do it via small claimsicon court, so we have nothing much to lose by defending and hoping they discontinue proceedings. And I also assume this would now be outside the credit agreement and so they couldn't put anything on the credit file?


  20. #20
    Basic Account Holder robuck Novitiate

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    Default Re: Voluntarily returning my car whilst still under finance to Welcome finance

    Any costs of repairs to get the vehicle up to 'reasonable conditon for its age' will be added to any liability you may have ( which will include any remaining PPIicon ) and unless this is paid, it will show as a default on your credit file as you will have broken the terms and conditions of the agreement, by not fullfilling YOUR side of the Voluntary Termination.

    As the VT rights form part of the original agreement they wouldnt have to pursue you through the small claimsicon court.

    Again, it depends on whether the company will bother inspecting it, some do, some dont.

    Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others.
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