Can someone give me the nod if I am on the right track please ? I purchased the car on xxxxxxxxxxxx and signed to contract (Agreement Number xxxxxxx) on that day on receipt of the paperwork I found that I was paying a large sum in PPI insurance , so on instruction from Welcome Finance I cancelled that in writing on xxxxxxxxxxx. Unfortunately they continued to take the PPI payments until xxxxxxxxxxxx after more letters and many phone calls complaining about this issue. They called me into the Welcome Finance office in Bridgewater to sign a new contract for the PPI changes (Agreement Number xxxxxxxxx), When I received the paperwork for the new contract I noticed that this was a further 36 months so the term would have actually been 41 months in total , not only that but A. had failed to refund the PPI payments as promised and B. When they had me sign a new contract they didn’t take into account the payments I had already made. For Instance. They started the new agreement at £2995.00 added the interest and then removed the payments I had already made , thus making me pay interest on monies I had already paid. I informed Welcome Finance of my concerns on various occasion the latest of which Early May 2009 and sent them a subject access request for more information on the agreement. I put the account ‘’in dispute’’ at that time and said I would make no further payment until they had sorted out the issues , even though the account was ‘’In dispute’’ I had various phone calls demanding payment and went through the lengthy complaints procedure , most of my concerns were either ignored or not fully addressed the last letter I had on this was their ‘’Final Response’’ dated 9th June 2009. I received a wrongly formatted Default Notice on Wed 7th April 2010 this is what finally made me take legal action. My requirement for this case comes in multiple parts 1. All PPI payments are refunded in full + interest @ 13% (£27.66 x 4 + 13%) 2. The payment and amounts payable on the second contract are to be corrected. 3. The ‘’extra charges ‘’ that have been added to my account plus interest are refunded 4. My credit history is corrected so it doesn’t not show that I ‘’defaulted’’ while the agreement was in dispute 5. The contract is deemed ‘’invalid’’ due to complete failure to follow any procedures when dealing with this account. 6. All payments in relation to this purchase are refunded as there is no legal contract. Notes. 04/12/2007 ADD HOC FEE / Capitalisation £100.00 Removed 23/02/2008 Why was this added and removed , can WFS just add and subtract amounts as they see fit ? Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but gives rise to a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119 The Default notice is invalid on 3 counts. Due to Welcome Finances poor calculations mentioned prior the outstanding balance will be incorrect. The Default notice is incorrectly formatted due to lack of dates on the document. The Default notice is incorrect due to incorrect formatted with regard (Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. Are quite specific). Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following (5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement— (a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and (b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence. (6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used. The notice fails to include the following statement in the form as shown "IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH Also the notice fails to set out the statement as set out below "IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]" The statements referred to above are laid out in schedule 2 of Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561)

yes it is it was sidelined due to another case but that was won now I can continue. This case is a bit more compilicated so I am getting snowed under

can I recoup payment I have already made ?

I have recieved a default notice but am questioning the legality of it the form is dated 03/04/2010 and states ''to remedy this breachyou must pay us the total arrears of xxxx.xx within fourteen (14) days'' and If the action required by this notice is taken BEFORE THE DATE SHOWN no further enforcement action will be taken in respect of this breach 1. Fourteen days from when ? 2. Before which date shown ?

It is likley that the given address and the address of the presented id are both false. especially as the seller and the buyer live some distance apart.

Hopefully you will get your money back , but TBH I think you have no chance. Ebay ALWAYS sides with the buyer.

In hindsight the fact that you live in (H*********) and the buyer lives in (Norfolk) might of caused some alarm bells as it was collection ??

Why do you think that Paypal moved from the UK to Luxembourg ? It doesnt meet the UKs banking guidelines. anyway you wont get anything back from Paypal , you should start a small claims case against Mattys18 , I presume you have his details ? Paypal WILL take you to court for the refund and they will win because they have done nothing wrong , sorry you have been stiched and I hope you get more Police help than when it happened to me.

I had another letter this week to say unless I resume paying for my car then they would take me to court , Yet again I confirmed that I would like them to take me to court. I now must have had the same conversation with 20 different Welcome employees , I have always said I would be happy to resume payments when you can prove that the amount that you are asking for is the correct ammount as per the contract i have signed and the said contract is legal. The have received the occasional reply , but mostly they will ''call back'' or ''esculate it'' most mostly I get fobbed off. is this normal or do they just dislike me ?

I have received a Default notice today even though the account is marked in dispute , where do I go from here ?

Welcome called me at work today , I suspect it something to do with the account being ''in dispute'' for 3 months. I tried to paitiently explain last time that I wasnt going to pay another penny unless they correct the host of errors that appear across 2 agreements. I am not quite sure what to do now , take them to court or wait till they take me to court. PPI not refunded Charge for credit on Insurance Term stretched to 41 months Interest charged on amount already paid ie Interest added to total before old payments were removed from total

Did you win the bike in an auction or a buy it now item , as far as I am aware the distance selling act doesnt cover auctions.

ok what course of action do i take bearing in mind i am still paying £130 ish per month , a lot appears to be interest on money i dont actaully owe the other problem i have found is they started it again form 36 months instead of the 29 months that was left can any point me to the account in dispute letter please and what can I actually take them to small claims for ?

I even have a statement from them , detailing all the payments comming off the day after i took out the new agreement.

I have a question , I have asked it on a differnet thread but didnt really get an answer. I had an original agreement with welcome finance and they re did it when i cancelled ppi. when the worked out new agreement they re did the calculation and i am not sure its right 2995 then they added the interest then they took off the payments i had already made surely they are charging me interest for money I have already paid ?