Bump.

Not heard anything from them since the second (invalid) DN on 4th June so resending the previous letter with a section added making plain that they cannot simple reissue the DN as the agreement has already been terminated by them...

I was thinking of sending a letter thanking them for their response and advising them since they rescinded the agreement they cannot now simply issue another default notice and then asking them again how they intend to remedy the situation...

...what do you think?

They rescinded any agreement you had the moment they took the car, once an agreement has ended they cannot issue another default notice because there is no agreement to default.

Hi, yes I am aware of this and want to know what to do next...

Okay, have had chance to read through it properly now and I still don't think it's valid. Yes they have the date right, but I still don't think they have all the required wording in there...they state that payment of £xxx must be made by the 21st June 2010, but they do not state "not less than fourteen days" anywhere on the default notice...

...where do we go from here? They have said that if I do not comply with the revised default notice then they will commence legal action...do we think they will or do we think they know they messed up and are hoping to fool me into paying??

Advice very much welcome...

The second DN is useless as they have rescinded the agreement by repossessing the car. They've dropped a proverbial and they know it, that's why they are trying to get you to accept the second DN.

 

Incidentally is it correctly worded?

I need to check it closely tonight, I had to pick it up from Post Office on way to work as it had to be signed for (works well for me as they can't deny sending it!!) but at first glance they seemed to have corrected the obvious mistakes.

I know it's invalid, but want to know where to go from here.

At the very least I want the default removing from my credit history, but it would be really, really useful if I could get some money back from these people...as I say, I no longer need the car but if they gave me it back then I wouldn't be unhappy as I could then sell that and they're going for more now than when I bought it!!

Ok so an update to this, I would like some advice on where to go next:

After not hearing anything back from Advantage I sent the letter that was put together earlier in the thread basically laying everything out for them and asking what they intended to do to remedy it.

Got a reply from them stating that they "believe my complaint relates to the legality of the repossession of the vehicle" - I wonder what gave them that idea ;-)

Basically they have sent another Default Notice that they believe complies with the legal requirements...though how they can do that when they have terminated the agreement seems to escape them!!

They have also offered to return the vehicle to me, subject to me complying with the revised Default Notice...

I no longer need the car back as I have since bought a cheap Polo as a run-about, however if I did get the car back then that wouldn't exactly be a bad thing ;-) however I have no intention of restarting the agreement or paying them anything else.

The way I see things, by sending out a revised DN, they have effectively admitted that the old one was invalid...so where do I go from here??

Nothing yet. Though after it disappeared off of my creditexpert report, it has now reappeared on it...

That's reminded me to check whether they've cashed the PO sent with the SAR actually...

Bump...

Almost a month since the acceptance letter was received and not heard anything from them...

...could be they've decided not to pursue it, but I don't want that...I want my chance to get them back.

Okay, heading out soon to send the acceptance letter. SAR will follow tomorrow as need to get new printer cartridge before I can print it off

BAZOOKA BOO

that's a brilliant way to fill in that form!

 

COLDUPNORTH

i've never even heard of a CCA request!

is it a letter? if yes, i assume there's a template letter of this somewhere on this site?

i'll def' work out how much i can afford to pay them.

 

TO EVERYONE

thank God for the wonderful people on here that are helping me.

if it weren't for you guys i wouldn't even know that a DCA can't ask for my personal income/expenditure!

 

btw i'm guessing it's better to send letters rather than emails to credit security ltd?

wethr i send an email or letter i'd keep a copy of it for myself anyway.

it's just that emails are "free", but letters mean i'll have to keep buying stamps. :-| they recently put up te price of stamps again.

A CCA request is a request for a true copy of the original credit agreement. If you send one (and yes there will be a template on here somewhere, I have to go out soon but if noone else has posted a link when I get back then I'll find it for you) they are legally required to fulfill that request within a set timescale. If they don't, not only can they no longer enforce the debt, but they are actually acting unlawfully.

And yes, I personally would recommend only using the post to communicate with them, and (if you're not happy about the cost of stamps) you're not going to like this...I would send all letters from now on registered post, so that you have proof that they have received them.

@Bazooka Boo - simply outstanding..!!

Bit quiet on here today..!!

I'm not certain how to post documents on here as haven't done it myself. I'm sure someone will be along shortly to advise...

Hey folks, can you take a look at this person's thread - they're having problems with Welcome...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/255834-guaranteed-car-finance-welcome.html#post2880092

Thanks for the replies.

 

Yes a default notice has been issued not just once but several times, the last one about a month ago with the following info:

Amount payable = £6948.36

Amount paid = £1364.05

Amount to be paid = £5858.12

 

(Bearing in mind I have requested they come collect the car as I can't afford payments - and they have said previously they would).

 

I have told them where the vehicle is etc as it's on my friends driveway.

 

My friend has wrote to them on his business letter head stating they have 14 days to remove otherwise they will be charged parking/storage fees at £35.00 per day.

 

Also have just looked at paperwork and this is interesting please read the following:

 

1) they emailed the Credit agreement and informed me to sign the boxes where it says signature and drop off into office - so I did (in blue pen).

2) The date they signed it (in blue pen) was 24/04/07.

 

The above two points were in BLUE pen, THEN:

 

3) The PPI box was ticked BY THEM NOT ME in BLACK pen and re-signed by someone in there office dated 06/05/07.

 

4) Although I signed the ppi box (as I was just told to sign the boxes where it states signatures (was about 3 boxes) I DIDNT tick the PPI box they did.

 

Help me someone please.

 

I have a car sat there and me worried on a daily basis YET have asked them to collect months ago but they still haven't - yet they continue to send default notices etc.

 

Chris

Ok, I can't comment on the PPI other than to say that it definitely sounds dodgy...

I'm fairly sure that you can't default on a HP agreement more than once, so we'll start with the first Default Notice. Welcome seem to be very good at getting them wrong and if they have then you are in a strong position.

If they've sent several, then we'll take each subsequent one in turn, because if the first is invalid then we need to check that each subsequent one is also invalid.

The reason for this is that if they are trying to enforce the debt (by passing it to a DCA) then they have in effect terminated the agreement (have you had a Notice Of Termination?) and if they have done this on the back of an invalid Default Notice then they have terminated the agreement unlawfully.

Can you scan the DN's in and post them up in date order so we can have a look at them??

I am just starting down this road myself (though my car has been repo'd) with another finance company so am passing on what I have been told be others. My case will be based around an invalid DN so that's the advice I'm able to pass on. It may be that you have other things that will help too.

I will direct some of the people helping me over to this thread as Welcome are not well-liked and a lot of people on here have had dealings with them. Remember, if you have asked them to remove the car, then the ball is in their court.

My last piece of advice, try not to worry, you have a whole community of people here to help you now.

Oh, and take a read through my thread (and those linked to from it) you might find some useful advice in there...

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/255577-advantage-finance-repossessed-my-6.html

So following the advice of a member of the site team to "keep my powder dry" for the time being, I am sending the following letter along with a SAR in recorded post tomorrow...

---------------------------------------------------

Ref: Agreement Number

Dear Sir/Madam

Reference the agreement number quoted above for vehicle reg [XX##XXX], I accept your unlawful rescission of the agreement.

Yours sincerely

ColdUpNorth

---------------------------------------------------

I know it's been agreed that I don't need to accept the unlawful rescission, but as others have pointed out, why show my hand before I have to. Let's see if they can work out why it's unlawful...

Have they served you with a Default Notice?

Bump....oops!!

Morning geriann.

Have you sent them a CCA request yet? I had a problem with Provident (for a Vaquis Credit Card), sent them a CCA request and haven't heard from them since - that was 2 years ago...not saying it will work that way for you, but it might.

Can I assume that you are perfectly willing to pay the debt, but are not in a position to at the moment?

Can you afford to make any payments? Even as low as £10 a month?

Don't send it to them (as others have said they have no right to it, only a court can demand your personal income/outgoings), but work out for youself what you have coming in, what you have going out and what you could realistically afford to pay them.

If you are willing to pay the debt, then make them an offer, in writing (recorded post so you have a record) of however much you can afford a month for however long it would take to pay off the debt. Don't worry if this is a small amount, if it ever went to court then no court in the land would force you to pay more than you can afford to. If they don't accept your offer, this works in your favour as if they then proceed with court action, the judge may look at it and see that you have made them a reasonable offer which they have rejected and that would really harm their case.

If you feel like these bully-boys don't deserve to get a penny out of you (and I don't think there's anyone on here who would disagree with that sentiment and we certainly wouldn't judge you for it) then that may be a possibility...I'm sure someone will be along shortly to advise you.

Finally I just want to say that whilst I have never suffered from mental illness myself, a good friend of mine suffered from manic depression so I do have an idea of how if effects you. You are not alone, you have done nothing wrong and you have a whole community of people here to help you.

I end with one very simple, but very important piece of advice - do not, I repeat do not invite a DCA into your home...

everything seems fine so far,

 

link to the sar

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

in your case signing it is ok. lifting your signature is futile, dont worry.

 

cab

Just a thought, if I do a SAR and they fail to include something they were then later to produce in court...surely that would work in my favour as it would another breach of a statute??

everything seems fine so far,

 

link to the sar

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

in your case signing it is ok. lifting your signature is futile, dont worry.

 

cab

Thanks, and yes if they wanted to lift my signature anyway they have had enough letters with it on.

Is it worth doing a CCA request while I'm at it?? I have my copy of the original agreement, wonder if they have theirs? Or would a SAR give me that anyway?

Sorry to sound a little dense...

i think it would be wise to get a sar off to them first and see what they have got.

 

cab

Okay, will do that on Friday.

Is there anything in particular we're looking for that could help, or hinder my case??

I know if will show records of me saying I had paid cash into their account when I hadn't (which I know was stupid but I was trying to stall for time) which must go against me.

Anything else??

Okay, so I want to send this letter on Friday as I have the day off work so can get to the Post Office.

That gives us tomorrow to get it spot on, although I think thanks to your very kind help it is pretty much there.

the money you have paid + another vehicle of value or the cash equivelent or the price sold at auction (all reasonable) your choice

 

cab

That would fall under the "dream scenario" heading

Oh and I have a horrid suspicion that I left my Sat-Nav in the car despite removing all my belongings...I think it was under the seat and I forgot to check there.