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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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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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