***Welcome Finance***

[Yasmin]

Have read some very interesting threads here & need your comments please. Bought a car in 2004 with Ex ptnr. APR extortionate, of course..thought it was his only option! All payments made regularly until we split in Oct. 2005. He took the car, hid it, and left the country. H.P. agreement in both names. I couldn't afford to pay& informed welcome of dire situation. Kept them informed all the way, gave them his E mail which is all I had. This continued until March 2006, a friend of ex finally called me telling me car had been left with him, he was fed up with it parked outside his house, tax exp. etc. I called Welcome to tell them where it was.
Did not hear again until May..they were sorry they had not collected car or been in touch, would I like to make them an offer? Told them I was not in the position but would ask around.. went back to them with couple of offers, unacceptable!! Gave me more time to try to find suitable offer. Anyway, the point is the car was finally picked up in June, I was not given notice, it was collected from Ex's friends house.

I have since recovered the paperwork from them(was left with car at his friends) and discovered that we had paid over £3000 on approx £12000, HELL.....Also, there is a document which I have not signed only my ex. giving terms of the contract(New & Used Vehicle Order Form) One of the conditions is that the car has been used for private car hire, taxi or courier work etc. and the box NO has been clearly ticked.
Found reg. tfr doc. and the car was owned by Europehire, so I called them to clarify if the car had been used in their fleet which they confirmed.

I then called trading standards, who seem to think I have a case and have told me to write to welcome finance Rejecting the Car (even though it has now been collected) Not satisfactory quality or properly described, and that I have acted quickly on determining this information to justify the return of goods. They also seem to think I may have a case for compensation, as I have lost the ability to own the vehicle.
Can anyone assist me on this,ideas on how to compose letter ??

[nathal]

quite right, you can return goods(car) if not properly described as laid out in hp docs

[Yasmin]

can anyone help me with a draft letter pls.?

[peterbard]

Voluntary Termination Saga


I decided to invoke the VT clause on my Hire Purchase contract.
My first step was to contact the lender and inform them this I followed up by a recorded delivery letter stating my intent. I had paid over half the agreement value and was entitled to terminate.
After hearing nothing for 2 weeks I rang them and they said that I would have to fill in their own paperwork to be able to complete the termination.
A week later the paperwork arrived together with a settlement figure and a glossy leaflet which spelt out the folly of my actions and how much better it would be to get another loan and buy the vehicle.
I duly filed the leaflet in the bin and filled in the form returning it recorded delivery.
After hearing nothing again for a week I rang them and was put through to an answering centre somewhere I think in South Africa, they told me that they could not proceed because there was arrears on the account, baffled I inquired as to the nature or these arrears £202 the man said, but I protested the repayments are £303 and the current one is not due for 10 days when it is paid by direct debit. He then hung up after refusing to let me speak to a representative of the credit company.
Reluctantly i paid the £202 and rang them again for an address that i could deliver the vehicle to, by this time it had been a month since my initial request. They said they would get back to me the next day.
The next day I received another VT request form and another glossy leaflet. I rang them and they said that I would have to fill that one in as the other one had been scrapped because or the arrears on the account, wearily I did as I was told. Whilst on the phone I protested that it was costing me money to insure and tax the vehicle and since I had now purchased another car I had to pay to have it garaged, also stupidly I mentioned that if this took much longer the MOT would be up and I would have to pay for that as well. Needless to say I received a letter a week later from them to say that they could not proceed as the car was in imminent need of an MOT. By this time I was getting a bit cheesed off, all I wanted was an address where I could drop off my car.
I took my car to the main dealership (BMW) and had the MOT done, whilst it was there I asked them if they would inspect the car and give a written opinion of its condition,they agreed to do this for a small fee.
After filling in yet another form from the finance company they sent me a letter saying I could return my car to a dealership some 10 miles away.
In the mean time they had removed another £303 from my account by direct debit.
When I arrived at the dealership I was greeted by a surly middle aged man who took me through to an office and again reminded me of what a mistake I was making. When he could see he was not getting anywhere he said,” OK then we better inspect the vehicle”. I then produced a photo copy or the letter from BMW stating that in their opinion the car was in good condition with no exterior damage that wouldn't be consistent with a car of its age. He then startled me by ripping the letter up and tossing it in a bin.
Once at the car he commenced to draw small circles on the paintwork when I inquired as to the reason for this he said he was outlining the areas of damage to the car. For the life of me I could not see one single area or damage in any of the white circles. I mentioned this to him and he replied with,”ah well you have to ave the eye for these things” and” I've been in the job for 30 years” and so on. Fortunately I had my mobile phone with me and I photographed each marker.
Then it was back to the office, where after an hour he reappeared with a piece of paper for me to sign listing all the “damage” he had discovered on the car. I of course refused to sign as I had not seen any damage only a number of chalk circles that he had drawn. Our discussion got somewhat heated at this point, and it ended with me walking off with a copy of the unsigned statement.
It occurred to me that I had no physical proof that I delivered the car so I took another photo of it in the car park on the way out.

Two days later I received a bill for just over £1000, £303 for outstanding car payments and £700 for body work repairs. I immediately rang them asking for a breakdown of all work done to the car and to remind them that they had already taken the £303 out of my account which put my in credit at the time of the vehicles return, the latter point the conceded and said they would adjust the bill. Again two days latter I received a bill for £1000 and a copy of the statement I was given when I returned the car, well I say a copy this one had a few items added, for a start after each item of damage there had been inserted a price and apparently I had also to pay for a new windscreen. There was also a signature at the bottom of the bill not mine I might add but it was my name.

At this point I did what I should have done in the first place and got some advice from a solicitor friend of mine.

Together we wrote a letter threatening all sorts of actions: for not adhering to the stipulations of the 78 act, blatant delaying tactics, forgery and finally threatening to have their credit licence removed. We also included a bill for all expenses paid by me due to their delaying tactics.

Two days latter I received a letter saying that on reconsideration of my case they had decided to waive all charges and I now owed them nothing.

Finally I would like to point out that the finance company in question was no little rinky dink operation but one if not the main sources of finance in the UK.
I am just left now with the decision as to whether to pursue my invoice to them or not, I think I will just put the whole thing behind me and move on poorer but wiser person

[Yasmin]

What a horrific experience!!!! Don't know if I'm doing the right thing really, mixed opinions....Think it could be a battle. Oh well, used to that now. Have sent letters to both Approved Car Finance, and Welcome(recorded delivery) rejecting the car, quoting parts of various Acts, Lol, They have misrepresented details of sale.....so will just see how it goes............

[peterbard]

Hi Yasmin

Sounds like you are in a slightly different possition than i was. Have you paid half of the purchase car of the car? If you have you should be able to voluntarily terminate the agrement,check your agreement and don't forget to include the deposit you paid in your calculation. Stick to your guns and record everything,I kept a diary,names of who you spoke to times of call and of course all items sent should be recorded.Finally it is an idea to get one of the motoring organisations to give your car the once over before returning it to state it is in acceptable condition for it's age it will cost you about £75 but it might come in handy later.
When you return the car they wil inspect it and ask you to sign a condition report if you do not agree with it mark it as disputed or better still don't sign at all.
A couple of days after you return the vehicle you will get a bill for repairs,usually worded,"repairs to bodywork£!!!!!!" Dont panic.Write back to them and ask for a breakdown of costs ,details of what work was actually done and where.

Don't be intimidated

Best of Luck Peter

P.S. I Pasted a copy of the initial request i used it may be useful?


Address of Voluntary termination
Dept of Finance Company

Agreement No: ------------
Vehicle

--------------------------------------
Registration No: -------------

Date

VT Request

In accordance with my rights, I wish to end this agreement. I understand that Finance Company will only accept this notice on the provision that I have complied with the Terms and Conditions relating to my rights to terminate the agreement, as set out in my contract.

There is currently no default on this account and the M.O.T certificate will be returned with the vehicle as requested, If there is any legitimate reason why we can not proceed will you please let me know what it is in writing by return.
I have complied with my obligations as laid out in the1974 C.C.A act and will not be responsible for any further payments on the above agreement from the date of this letter.


I will return the above vehicle within 5 working days from the date of your reply, together with all keys and documentation: service records, immobiliser, immobiliser codes and security keys. Please find enclosed my registration document (V5) as required.

I understand that you will notify me in due course or any post sale liabilities including excess mileage and damage liabilities and if consistent with my agreement and taking into account fair wear and tear it is valid will be paid by return.

I have cancelled any payment protection insurance applicable.


Name: ………………………………………………………………… ………………

Signature: …………………………………………Date : …………………….

Daytime Number: …………………….. Evening Number: ……………………

Current mileage: ……………. MOT Expiry Date: …………………..

In the presence of: ………………………………………….. (Witness)


Your Name and address

[Yasmin]

Hi Peter B Tnx again for your help. Problem is, my situation is very different really, as they had already taken the vehicle when I discovered all this, due to having the paperwork in my possession and being able to examine it all closely. My partner left and stopped making all payments, hid the car and left the country!
My point was, that false representations were made at the time of the sale and we may not have otherwise purchased the car. Will just await their reply.

[Yasmin]

received replies from Approved car finance and welcome. Welcome Head Office,Nottingham, has opted out and passed the buck back to the local branch, saying that they will be in contact. Approved car F. wanted more information, understandably, so I have replied.....

[Yasmin]

Received yet another letter from Approved car finance, saying they are still investigating the matter. So, I contacted Trading standards who are going to refer the matter to my local branch who they say are one of the better ones,LOL. Just really needed guidance because I gave them 14 days initially. However, as they have responded I have allowed them to exceed this. The guy I spoke to said this will all go in my favour as it shows I'm being reasonable in allowing them time for their investigations How long does it take???? Oh well suppose it is holiday season, as "egg" mentioned in court last week.......

[Yasmin]

Yet another reply from Approved car finance, still investigating the matter. Also heard from my local Trading Standards...think I will have to call them today as I have now noticed that the date on the H.P. agreement and the new and used car vehicle order form do not agree. The latter is dated 9 days later, and they were both completed on the same day!! Sure all the paperwork and contracts should be accurate.

[Yasmin]

I am still awaiting news from both Welcome Finance and Approved Car Finance.....Have sent Letter Before Action, finally(busy with other things....) In contact directly with Welcome, just dragging on. Have been researching facts again, and will shortly be issuing summons for Misrepresentation....

[bsutherland]

also have an hp aggrement for a car 43% intrest at time no other option have paid nearly 3 of our 4 years but we also have a discrepincy in the dates of some of the forms we both signed is this likley to mean that things were not done properly ?

[Yasmin]

Yes, check all the paperwork very carefully, dates are important. I would say if in doubt contact your local Trading Standards Office. I am now in the process of collating all my info. before resorting to a summons, but am pretty sure it's going that way.

The dealership where I took my car has now closed, so I am also chasing old service information, think I have found someone who can assist me there, so just awiting a reply, before I proceed.

[Yasmin]

Have now issued my summons to both Approved Car Finance & Welcome, claiming Breach of Contract, Misrepresentation. Has not yet been served!

[Yasmin]

Still waiting for the court to issue summons, due to an error on the form and then the xmas backlog! Has anyone had dealings with the Medway area office?this is where my case has been transferred.

[Yasmin]

My Claim has been issued & they have until 12th Feb. to reply Anyone had any experience of this with Welcome or Approved Car Finance??

[Yasmin]

Received a letter from the Court today "notice of returned document". Apparently the envelope,addressed to Welcome Finance, was returned to the court marked"insufficient address".

Well, I checked my copy & the address appeared to be correct,postcode 'n all. So called the Court, seems to be their error instead of "compliance Department" they have said Compliance Way!! Everything else in order, so it was returned just for that. I can't believe it, they now have to re issue summons, so has held things up once again. Welcome & delaying tactics....

Seems the other defendant, Approved Car Finance, have received theirs, as they called the court today to check on dates. Thought that was clearly marked on the summons, however they need help & clarification!!!:rolleyes : It's a bit weird actually because now I will have seperate dates for acknowledgment.