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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Voluntarily returning my car whilst still under finance to Welcome finance


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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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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 interest etc

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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 admin 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.

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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.

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  • 2 weeks later...

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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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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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

buffy

Buffy x

 

Buffy v Halifax WON all charges refunded

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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

 

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

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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

Direct Auto Finance & DLC dispute ongoing.

Offer with confidentually agreement from DLC / DAF DECLINED :D

Please PM me if you have any cheap rate or 0800 number for DCA's to add to my list and also to my website

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Hi there. Welcome Car Finance took my car yesterday (well a courrier took it to an auction 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 interest 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

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  • 1 month later...
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.

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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..

 

 

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

 

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! :eek:

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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  • 2 months later...

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

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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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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).

Edited by robuck

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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  • 6 months later...

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 interest 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 auction.

 

Will they really bother pursuing us for repair costs? Presumably they would have to do it via small claims 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?

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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 PPI ) 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 claims 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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I vtd my car about 5 months ago but after paying more than half for it ,i still had a bill for 1200 pounds for GAP and warranty i agreed to pay 100 pounds a month [the guy from welcome phones me on the beginning of the month and i pay by debit card] but do i have to pay GAP and the warranty now i have vtd the car officially..it has been the worst car i have ever owned only done 4000 mile in 2 and a half years ,,the car is still in my drive with the clutch gone! i told welcome and they said that comes under wear and tear ???

any help please

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Your liability wont be for the GAP ( this is normally the 2nd payment on a HP ) the remaining liability will be the Warranty payments and any PPI if you had it.

 

as for warranty, unless its a fault ( ie sometings breaks and its not supposed to) it will be classes as normal wear and tear, especially friction parts, Clutch, Belts, Brakes.

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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as for warranty, unless its a fault ( ie sometings breaks and its not supposed to) it will be classes as normal wear and tear, especially friction parts, Clutch, Belts, Brakes.

 

You forgot some warranty wear and tear items robuck, there is also - gearbox, engine and components, heater blower, water leaks, radio not working, spare wheel missing, in fact in warranty terms, I can't think of anything that isn't wear and tear. :)

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You forgot some warranty wear and tear items robuck, there is also - gearbox, engine and components, heater blower, water leaks, radio not working, spare wheel missing, in fact in warranty terms, I can't think of anything that isn't wear and tear. :)

 

 

to be honest, its ANYTHING that wears or tears, which on a car..... is everything LOL :-o

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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