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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Welcome finance help-***CAR HAS BEEN CLAMPED***

    Hi all

    I have a problem with welcome finance i bought a car on hp from them in oct 06...my payment was 280 per month ...everything was fine until dec07 when i lost my job and fell into arrears... i spoken to them and we made a aggrement to pay back 120 per month....eveything was fine until about 2 mths ago, when they asked me to call into there local branch and sign a aggreement to pay 120 per mth over the next 10 years.....help

    i really dont want to pay over 10 years!!!!!! my god

    thx in advance

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  2. #2
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    Default Re: Welcome finance help!!!

    Quote Originally Posted by zaidey View Post
    Hi all

    I have a problem with welcome finance i bought a car on hp from them in oct 06...my payment was 280 per month ...everything was fine until dec07 when i lost my job and fell into arrears... i spoken to them and we made a aggrement to pay back 120 per month....eveything was fine until about 2 mths ago, when they asked me to call into there local branch and sign a aggreement to pay 120 per mth over the next 10 years.....help

    i really dont want to pay over 10 years!!!!!! my god

    thx in advance
    firstly do not signicon it

    i have recently had dealings with this company and the agreement was defective however they picked upon this and asked the client to go in and sign a new agreement which he did before i could get hold of him

    you need to make a request for a copy of the credit agreement

    http://www.consumeractiongroup.co.uk...tml#post162367

    the letter is letter "N"

    send with a one pound postal order and see what they come up with, i would bet the figures dont line up


  3. #3
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    Default Re: Welcome finance help!!!

    What ever you do do not signicon that agreement, you will need to go in and ask them how they are getting their sums and record this on your phone, as long as one person in the room knows they are being recorded ie yourself it is not agaisnt the law to record them. unfortunatly if your loan was for £280 pcm and your only paying £120 it probley will take you over ten years to pay it back,

    i got a car from welcome in january 2008, it was a 206 worth £3000 paying back £260 per month, i took the car back two days later after going through the agreement and notcing i would pay £11000 back, i can get the same car now for under £2000 cash lol. they took the car back with no problems but a few days later i had a default on my credit file by welcome for £20 lol, which couldnt of been in default becouse the agreement was not in place for the 8 payments it was missed in order for a credit account to be put in default, anyway they appologized after many phone callsicon and removed it, this was done in spite becouse i took the car back and didnt have to pay a penny for the two days i had it, lol.

    Although i must say i now have a loan with welcome and everything is fine with it , i have missed a few payments phoned them up and told them , they have been very nice and understanding and i have not incured any fees or problems with it on my credit file. the apr is a bit high but thats the price i pay for not having a clean credit file, ring up your welcome branch and ask to speak to them, they will help you if your honest and open. but a ten year agreement is a bit too long.


  4. #4
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    Default Re: Welcome finance help!!!

    ty for ur help another question for u!!!

    on a credit aggreement do u have to pay back 1/3 or 1/2 of the total sum before they cant repocess the car without a court order...

    thanks


  5. #5
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    Default Re: Welcome finance help!!!

    Hi there,

    I know with RBSicon its 2/3, should be the same but im sure someone will correct me if I am wrong.

    Stewie


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    Default Re: Welcome finance help!!!

    i can confirm
    its a third


  7. #7
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    Default Re: Welcome finance help!!!

    well i just printed and sent the letter to welcome....hopefully i will hear something back asap.....ill let you all know what happens and ty for the advice.

    ive found my original copy of my hp aggreement from welcome finance and yes i have some questions about it....as far as i can see its not dated in anyway or is it signed by themselves...its does state its 1/3 of the total sum to be paid before they can take back the car......

    ive also had a visit by there local rep today who charged me 25pounds to knock on my door....she handed me a letter that states the account balance is 8403.45
    with current arrears being 1647.80
    my aggreement states total amount for the car is 13518.36
    under the hp aggreement is a box named repossession rights that figure is 4505.79 or 1/3.

    the 8403.45 is that including my arrears and if so have i paid more than the 4505.79......... also my hp aggreement is not dated or has been signed by them in anyway...(i can email a copy) also there nothing mention about a car on the hp aggreement (the boxes for the make/model/registration are all empty..

    sorry to ask so many questions but the reps partying comment was if we dont have full payment we will take your car away at the end of the month!!!!


  8. #8
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    Default Re: Welcome finance help!!!

    quick update

    i phoned the local welcome office and recieved a statement of my account in the post....from what i can see i paid 5800 so far...which is more than 1/3 of the aggreement..

    they still hounding me and still threatening to take the car away from me...

    help plzzz

    p.s i can email the original copy of my hp agreement if any1 knows about that stuff..


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    Default Re: Welcome finance help!!!

    welcome to begin with would need to default you first,
    then as you have paid back mor than a third, they would need a court order.
    the last time they tried this welcome had to pay back eight grand

    http://www.consumeractiongroup.co.uk...n-welcome.html


  10. #10
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    Default Re: Welcome finance help!!!

    quick update for ya...

    well i finally enlisted the help of trading stardards as im sick of the threats for welcome staff....

    i know i paid more than 1/3 off the car so like i keep saying to welcome staff u cannot take the car without a court order....

    so anyways trading standarda are involved after i made them listen to taped telephones conversations with welcome staff (threatening to take the car on xmas day etc)...

    ill keep u posted!!!!

    o yes trading standards as righting to welcome for copys of credit aggreements etc they are really helpfull..

    watch this space????


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    Default Re: Welcome finance help!!!

    Thread moved.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
    Help keep it up and active, helping people like you.


    If you no longer require help, please do what you can to help others

  12. #12
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    Default Re: Welcome finance help!!!

    (Im wrote this message on a friends computer thats why its saying im connor03 it should be zaidey ) stupid me..

    update for you!!!!

    well trading standards have been writing to welcome since 5th january 09...i had a call from them on the 12th feb claiming that head office had been slow to send the letters to the local office..and could i please send them my copy of the aggrement so they could check it???? yer right as if i would do that..after a long conversion with them the man from welcome stated that he personally thinks that if my copy had not been signed by them then,they dont have a case and im able to keep the car and get all monies back from them...(he did indictate that it is he personal viewpoint)

    anyways they are now stating they have a signed copy on there system which i disputed as i have a copy of the agreement which only i signed and welcome have not....trading standards seem to think the aggreement is unenforceable as there are no car details on the aggreement either..

    where it stands at present is that we requested the aggreement from welcome to which they havent sent it...they are also saying they have now never recieved any letters from trading standards (which i know is crap as they rang me to say they have)..

    so for now i waiting for there agreement and there waiting for mine..trading standards are now passing the case to enforcement team so watch this space!!!!


  13. #13
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    Default Re: Welcome finance help!!!

    update:

    after months of talking to trading standards and them talking to welcome my signed paperwork has turned up and appartenly i dont have a leg to stand on....

    anyways i was waiting for the call from welcome and i had one.....yet another new person dealing with my case..i asked how much i had paid to which she said i had paid 6398 total which is more than half of the orinial aggreement..i dont know where they get there figures from?????

    she just offered to half my outstanding balance left on my car...

    it was 8400 pounds but she can offer me 4200 pound total thats half knocked off right now..

    she also expalined that i can pay it back over 3 years and 5 mths at a rate of 102 pounds per mth with no charges or interesticon...

    seemed very nice but i explained that due to losing my job last year that would be some what hard to pay back..

    she did the "if you dont agreed we will take the car back from you"...i could of responsed the ..court order thing stuff.. but i thought it might be wise to keep that under raps...

    anyways i wondering what to do should i ride it out to see if they give a better deal or shall i wait for them to pick the car up and then hit them with the illegal repo stuff (without) a court order paid more than a 1/3..


    what your thinking.....o yes i forgot she seemed a newbie to me...like a adminicon worker trying the collections industry..i think welcome are getting desperate!!!!!!

    happy days


  14. #14
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    Default Re: Welcome finance help!!!

    can you post up the agreement

    google photo bucket

    keep any illegal repo on the qt for the moment
    its for your advantage

    hint hint


  15. #15
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    Default Re: Welcome finance help!!!

    hmmm Welcome giving an offer - if an offer sounds too good to be true it's too good to be enforceable!!

    I am a layperson and have no legal training but I do have an iota of common sense (sometimes)

    Welcome Finance PPI -----> over £3k court case filed SETTLED

    Park Motor Finance -----> incorrectly logged default on credit file claim for compensation

    Lloyds Tsb ----> plenty of things all filed with Financial Ombudsman or Small Claims ----> settled by paying me full amount sought 02/05/09

    Easy Jet ----> damaged pushchair offered £232.50 pursued claim awarded £465

    Black Horse ----> Outstanding balance of £574.00 made up of charges and interest ----> account closed after accepting F&F settlement of £100.





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  16. #16
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    Default Re: Welcome finance help!!!

    Quote Originally Posted by zaidey View Post
    update:

    after months of talking to trading standards and them talking to welcome my signed paperwork has turned up and appartenly i dont have a leg to stand on
    Hi Zaidey

    I think it is more than a little odd that your original agreement is missing all sorts, signatures etc then they manage to make a compliant one appear later on, tad convenient....are they STILL forging stuff?!

    Bein nosey I have to ask, did you have insurance at all on the original agreement?

    Dipply75

    I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat!

  17. #17
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    Default Re: Welcome finance help!!!

    heres a copy of my hp aggreement that i was given at welcomes showroom where i got the car

    http://www.consumeractiongroup.co.uk...1&d=1241597917

    http://www.consumeractiongroup.co.uk...1&d=1241597917

    they say they have got a full signed aggreement that they are sending me in the post.....

    any thoughts?????

    if you cant read that then try http://s588.photobucket.com/albums/s...view=slideshow

    i never used photobucket so i hope its right


  18. #18
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    Default Re: Welcome finance help!!!

    any1 had chance to look at this hp aggreement yet

    can some1 look at this aggreement and tell me what u think please!!!


  19. #19
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    Default Re: Welcome finance help!!!

    well still trying to resolve this

    ive had a look into my agreement with some help i might add

    i think cash price for goods is wrong it reads 9,649 section (m)

    i think it should read 9,299 (a)

    have a look please

    welcome finace picture by zaidey_photos - Photobucket

    welcome picture by zaidey_photos - Photobucket

    thanks


  20. #20
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    Default Re: Welcome finance help!!!

    Oh my. Yes they have added this £350 insurance shortfall to the cash price of £9299 totalling £9649 then they have added the £350 AGAIN so you now owe them £9,999 for the cash price. So that's a big problem for a start.

    Then what exactly is this £350 insurance shortfall? It isn't PPIicon is it? I very much doubt that it should be included in the total price as you will now be paying interesticon on it when you shouldn't be (I think).

    Next no-one has countersigned the agreement. If they say they have a countersigned agreement then demand to see it. You copy should be exactly the same as theirs.

    I find it very odd indeed that they are making such generous offers to you if they have the correct paperwork. Where is it then? If you don't have a leg to stand on they should show you the documents. They are in a very difficult situation if you have paid a third as they need a court order to get it repo'd. Looking at what we have here they'd have a brass neck to try it on in court.

    I don't know what they said to the TS man but you need to get him to look at this again. Problem is a lot of TS people aren't very up on consumer contracts.

    I would probably be inclined to see if the Financial Ombudsmanicon would step in here - unless you fancy a fight in court. See what anyone else says on here.



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