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)

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  1. #1
    Basic Account Holder Ringosgal Novitiate

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    Default Welcome say I owe late charges for payments covered by Insurance Company

    In 2007 I purchased a car from Welcome with a repayment of 345.25 each month.

    During the 4 years I only missed one payment quite early on and this was repaid the following month along with the missed payment charge.

    In 2009 I was made redundanticon and was also recovering from a back operation which I had a couple of years earlier but never had the chance to fully rest for my back to heal properly.

    As I was paying for PPIicon within my repayment to Welcome I utlised this as I was not in a position to work between 2009 and 2010 so the payments we made by the insurance company.

    Fast forward to May 2011 my car broke down and I called the breakdown service which was also included in the warranty.
    I was informed by them that my warranty had come to an end some weeks before
    at which point I queried how this could be when I was still paying Welcome, I was advised to call them.

    When I called Welcome I was told that I had one final payment outstanding to the tune of 345.25 which was due in June.
    I informed them that I would not be making this payment until they could explain to me how I owed this if my warranty had expired - the warranty was included in the agreement.

    I received a letter from Welcome indicating that they had refunded me 150 approx as a goodwill gestureicon.
    They say that I still owe them 162 which is the amount of money they claim are for late payment charges.
    The late payment charges that they are saying are owed is because the insurance company did not make payment on the days that I used to pay my installments.

    I informed Nicole (she is the one who kept calling me) that it was out of my hands and I could not control what days the insurance company made the payment
    - the company was used by Welcome and not by me
    - I fulfilled my part and that was to issue my sick certificates and sign the declaration form and return to the insurers.

    Welcome have until recently called me continuously on my mobile sometimes as late as 7pm asking of my intention to repayment these late payment fees.
    I have continuously informed them that I will not be paying it.
    Had the car not broken down I would have been none the wiser
    and would have made the payment thinking that I had miscalculated my payment dates
    not knowing in hindsight that I was paying for something that I could not be held accountable for.

    I have written to the FO twice but have yet to receive a reply.
    Does anyone know if I am able to claim anything back from Welcome.

    I paid extra for PPI yet still they never froze my account so that late payment charges were not applied to it
    - I did not even know about this until the insurers enquired of me why Welcome had not frozen it.

    Can I take court action against Welcome?
    They have posted me a default letter but in it it states the amount of the agreement and the amount paid which are the same figures,
    it also states the 162 but does not state what it is for

    how can they issue a default letter and show me to have defaulted when the agreement figure and the amount paid figure are one and the same?

    They have also told me that they will be passing my case onto debt collectorsicon to which I told them I don't actually give a toss as the car is paid for and they can't take it
    - am I correct in this?

    Also the car is not in the same name as that on the agreement.

    Welcome have tried to spoof me of my money,
    they say they deducted some for goodwill and the way I see it is because they realised that they were in effect charging me a full months money when I didn't owe it.

    They received payment from the insurance company for a whole year and never in that time did they contact me with regard to any late payment
    and now that the agreement was at an end they are trying to take more money out of me which I refuse to pay on the point of principle and morals
    - I have told them to take me to court as I am pretty sure I would have a good case.

    Has anyone had similar encounters to this. Sorry for going on so long but they have really got on my last nerves.


  2. #2
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    you are quite correct

    however you should nott have been putting upi with all this rubbish

    you should have been reclaiming - the lot!!

    have you got a copy of your agreement & all the statements?

    if not you need to SARicon them.

    as for the crap that they can take the car - no dice i'm afraid welcome
    and they know it!

    so to recap

    get reclaiming all those penalty charges - letter/late/debt councilling etc etc [anything that says FEE]

    get reclaiming the PPIicon and any other warranty/GAP/life ins you have paid.

    you'll be quids in and have the car too boot

    you've got a nice pocketful coming your way.

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
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  3. #3
    Basic Account Holder Ringosgal Novitiate

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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Oooh great thanks sooo much. As for the statements I have only ever received three of them and they have said that I will have to pay for copies which, initially I refused to do however I will write to them asking for copies and pay what they want by postal order. What is SARicon? As for claiming the PPIicon can I still do that even though payments re made through the insurers when I was not able to work as the PPI was to cover payment in events of sickness/loss of job which both applied to me at the time.

    I am soo grateful to you for your help but yes this is the route that I will definitely be taking.


  4. #4
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    the SARicon will give you EVERYTHING they hold on your for 10 - ALL the statements etc etc

    as for the PPIicon payments
    just add those up and remove them from the SOC total.

    we'll deal with that when we get the SARicon return

    just inc i line that says:
    this is to unclude copies of any/all agreements with your company.
    include details of old addresses then and since too

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Ringosal

    If you are still getting phone callsicon send them a copy of the letter you can find by clicking the link below.

    http://www.consumeractiongroup.co.uk...esponse-letter

    Also - and this is important - you need to complain about them to the Office of Fair Trading. What they are doing is against debt collectionicon guidlines - and in my view also very close to being criminal.

    The OFT may not investigate your complaint as an individual - but it adds weight to the complaints against them.

    The Banks lend you Credit that is created out of nothing - FACT.

    Only 3% of the Money in the Uk is in the form of notes and coins - the rest is created by banks as debts - numbers on computers - nothing more.

    Money should be our servant - not our master - Its Time to reform the Banking system

    For more info on how banks create loans from nothing - The problems of our debt based economy - and what the solution is - look here


    Further Reading and articles on our debt based economy found here

    http://prosperityuk.com/

    The campaign for this reform is backed by a group of economists, lawyers, engineers, former civil servants, university academics and business people as well as the public.
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Quote Originally Posted by dx100uk View Post
    however you should nott have been putting upi with all this rubbish

    as for the crap that they can take the car - no dice i'm afraid welcome
    and they know it!
    dx
    dx

    I think that it has become abvious that this tactic of threatening to take the cars - knowing they can't - is a company wide business practice and must be stopped.

    I would now encourage all caggers who have this issue to complain to the OFT and their local trading standards dept.

    The Banks lend you Credit that is created out of nothing - FACT.

    Only 3% of the Money in the Uk is in the form of notes and coins - the rest is created by banks as debts - numbers on computers - nothing more.

    Money should be our servant - not our master - Its Time to reform the Banking system

    For more info on how banks create loans from nothing - The problems of our debt based economy - and what the solution is - look here


    Further Reading and articles on our debt based economy found here

    http://prosperityuk.com/

    The campaign for this reform is backed by a group of economists, lawyers, engineers, former civil servants, university academics and business people as well as the public.
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  7. #7
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Quote Originally Posted by dx100uk View Post
    the SARicon will give you EVERYTHING they hold on your for 10 - ALL the statements etc etc

    as for the PPIicon payments
    just add those up and remove them from the SOC total.

    we'll deal with that when we get the SARicon return

    just inc i line that says:
    this is to unclude copies of any/all agreements with your company.
    include details of old addresses then and since too

    dx
    Thanks for the help you have given me. Who do I actually apply to for the SAR is it the head office of Welcome or the bank? At the time of making payments I was with Natwesticon but that account was closed in 2009 so I'm not too sure who I am meant to write to for the SAR. Your further help is most appreciated.


  8. #8
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    SARicon always go to the OC original creditor WELCOME FINANACE

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


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  9. #9
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Make sure yo send it to their head office in Nottingham - and not your local branch.

    The Banks lend you Credit that is created out of nothing - FACT.

    Only 3% of the Money in the Uk is in the form of notes and coins - the rest is created by banks as debts - numbers on computers - nothing more.

    Money should be our servant - not our master - Its Time to reform the Banking system

    For more info on how banks create loans from nothing - The problems of our debt based economy - and what the solution is - look here


    Further Reading and articles on our debt based economy found here

    http://prosperityuk.com/

    The campaign for this reform is backed by a group of economists, lawyers, engineers, former civil servants, university academics and business people as well as the public.
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  10. #10
    Basic Account Holder Ringosgal Novitiate

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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Many thanks for your help...I will keep you posted...


  11. #11
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    Thumbs up Re: Welcome say I owe late charges for payments covered by Insurance Company

    Quote Originally Posted by dx100uk View Post
    the SARicon will give you EVERYTHING they hold on your for 10 - ALL the statements etc etc

    as for the PPIicon payments
    just add those up and remove them from the SOC total.

    we'll deal with that when we get the SARicon return

    just inc i line that says:
    this is to unclude copies of any/all agreements with your company.
    include details of old addresses then and since too

    dx
    Good evening and thanks for all the assistance you have given me to date. The latest position is that I have received a bundle of papers from Welcome's head office however they did not enclose any statements in that so I have written to them asking that they send me them.

    One question that I do have is what is the SOC? After I do receive the statements what is the next step that I have to do?

    Your further assistance is greatly appreciated.

    Many thanks to date.


  12. #12
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    you fill out the SOC [schedule of charges]

    with all the PPIicon payments

    read the notes
    http://www.consumeractiongroup.co.uk...laims-Dec-2011

    also read a few of the other thread concerning PPI reclaims

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


    DX
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  13. #13
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Quote Originally Posted by dx100uk View Post
    you fill out the SOC [schedule of charges]

    with all the PPIicon payments

    read the notes
    http://www.consumeractiongroup.co.uk...laims-Dec-2011

    also read a few of the other thread concerning PPI reclaims

    dx
    Sorry if it seems I'm coming across dumb
    - I clicked on the link in respect to a single premium policy but it asks for the monthly payment of PPI.

    I have looked at the agreement and it gives a figure of 9,300 for the car and 3,607.. credit for the insurances marked as N.
    It further states that total amount payament for the insurances is 4,632 which is the 3,607.29 (N) added to 1,024.71(W) which is the charge for credit of insurances
    - all of these figures come under the heading of Key Financial Information.

    There is then a section titled Other Financial Information where it states 2,217.29 PPI in one section and another section it says total cash price of insurances
    G to L inclusive amunts to 3,607.29 and these are for mechanical breakdown insurance 650,
    Emergency Recovery 390 and Shortfall Extra Insurance 350.

    So my question is do I list all the payments for the insurances or do I just list down the payment for the PPI?

    Your help is greatly appreciated.

    Many thanks in advance.


  14. #14
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    ALL.

    read the RED notes tab on the SOC.

    you need to find out what % of your PCM was for ins.

    to do this:

    total cash price all insurancs / total cash price of loan * 100

    that will give you a % figure

    then apply that to you PCM

    so fd the answer is 19% , then calculate what 19% of your PCM was.

    use that figure in the SOC

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


    DX
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  15. #15
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Quote Originally Posted by dx100uk View Post
    ALL.

    read the RED notes tab on the SOC.

    you need to find out what % of your PCM was for ins.

    to do this:

    total cash price all insurancs / total cash price of loan * 100

    that will give you a % figure

    then apply that to you PCM

    so fd the answer is 19% , then calculate what 19% of your PCM was.

    use that figure in the SOC

    dx
    Really really sorry to ask but what do you mean by PCM?
    I have honestly read through the notes but don't understand what you mean by PCM or FD.

    I have completed the form with all the figures for the insurances which gave a monthly figure of PPIicon of 8239.29,
    total cash price for goods of 9,340.00 and 8% simple interesticon of 21,255.47 and a final total of 38,834.76
    - what am I to do with these figures?

    Am I to add in the finance charges for goods, charge for credit for goods and total charge for credit?

    Really sorry to be such a pain but I am really not experienced in this sort of figure work and very much appreciate your assistance.


  16. #16
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    per calander month.

    fd is if ===typoicon

    can you please post up your agreement.
    scan the required letters/agreements/sheets
    as a picture[jpg] file
    or convert them to .PDF
    ENSURE:remove all pers info inc barcodes etc using paint program
    but leave all figures and dates.

    goto one of the many free online pdf converter websites
    it would be better to upload a multipage pdf
    than many single ones
    or if you have PDF as an installed printer drive use that
    or use word and save as pdf
    open a new msg box here
    hit go advanced below the msg box
    hit manage attachments below that box
    hit the add files button on the top right
    hit select files, navigate to your file[s] on your pc
    hit upload files
    NB:you can set where it goes in the post by hitting insert inline.
    then hit reply button
    dx


    please REMEMBER to sanitize you details or ANYTHING that can identify you.
    inc car details or any barcode etc etc

    leave all figure/dates though. [poss remove the day part too]

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


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    Thumbs up Welcome say I owe late charges for payments covered by Insurance Company

    Finally managed to do it...hopefully it will meet with your approval

    Attached Files

  18. #18
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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    again there were a couple of account number and your name twice too.


    all done
    i have broken the files into 3 smaller pdf's.

    on the call logs, there appears? to be a page[s] missing
    date range 25/01/2010 <> 11-04-2012
    have you got them please..

    i also note in several places they phoned your works
    that is AGAINST all guidelines.

    AND

    they actively asked you to go borrow money off family and friends. nasughty
    [22/7/9..]

    like the comment about HPCI charge too- not correct.

    looks like they owe you more than you owe them.

    always the way.

    2 spreadsheets needed now and the fosicon complaint form too.

    dx

    Credit Reference Agencies:Experian Equifax CallCredit noddle<<<<CRA FILE INFO IS HERE<<<<
    fed up with DCA's calling get a TRUECALL BOX!! - HERE
    Sort Your Debts Now - - here

    Start Your Own Thread - HERE

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.


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    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    Many thanks for your help to date. I have checked and double checked for the missing page but have not been able to find it however will have to look when I get to work as that is where I scanned the docs. So apart from the outstanding page(s) what is the next step in regards to the spreadsheets and fosicon complaints form? Are you able to let me know which figures I should be using on the sheets please. Your continued assistance is greatly appreciated.

    Quote Originally Posted by dx100uk View Post
    again there were a couple of account number and your name twice too.


    all done
    i have broken the files into 3 smaller pdf's.

    on the call logs, there appears? to be a page[s] missing
    date range 25/01/2010 <> 11-04-2012
    have you got them please..

    i also note in several places they phoned your works
    that is AGAINST all guidelines.

    AND

    they actively asked you to go borrow money off family and friends. nasughty
    [22/7/9..]

    like the comment about HPCI charge too- not correct.

    looks like they owe you more than you owe them.

    always the way.

    2 spreadsheets needed now and the fos complaint form too.

    dx



  20. #20
    Site Team havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella Authoritative havinastella's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Crawley
    Posts
    4,956

    Default Re: Welcome say I owe late charges for payments covered by Insurance Company

    I may be wrong here, but why is the OP being advised to reclaim the PPIicon?

    OP stated in first post that he claimed on it and it paid out for him, thats why the payments were late.

    Hard to say that the PPI was no good for the purpose when it was used.

    Jogs



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