Welcome Financial Services Ltd... Car Trouble

[VIOLATOR]

my wife got finance for a car through welcome finance...recently due to my wife becoming a student we have found payment have been hard to make so my wife has missed a few...due to the constant phone calls from the local branch in derby my wife sent a letter (Letter A - Ask your creditors to hold action on your account) as she is at university most days it is hard to get in touch with her. after sending the letter (which stated due to be at university it would be better to communicate in writing) we received a phone call asking for my wife to phone them as a matter of urgency. after a few days of the call she phoned them, today, she was told by the man managing the account that they would not accept the account to be put on hold, when they said this my wife told them that she would send them a financial statement with a offer of £50 per month for 3 months ,to be reviewed after that time. She was told that they were not going to accept that and that if they did not receive a payment by Friday, close of business (this week) the account would be passed on to their collection agents who will then collect the car possibly next week and may also try to remove goods or get a detachment of earnings. just wondering what we can do as my wife needs a car to get to and from university on a daily basis... any help would be appreciated as time is running out

[postggj]

how long have you had the agreement

there comments of remove goods/attachment of earnings is hog wash, only a court can do that

the reason you are getting this flack is its near the end of the month and they are trying to reach targets

[VIOLATOR]

not sure of the length of the agreement possibly 5 years or so (my wife isn't here at the moment so i am unable to ask her)as within the time dealing with welcome my wife originally purchased a small car which for a family of 5 was rather unpractical...she then traded it in at a welcome approved garage and the agreement was changed after some time major problems started to occur with the car and after contacting welcome they agreed to allow another part exchange at another one of their garages at castle donnington we have possibly had this car fo a couple of years...

[postggj]

how long is the hp over

i believe if you have paid back a third only a court order can reposess the car, not welcome

i will be corrected if wrong, but i believe its right

like i said, its not personel, just that they are trying to make targets

if they do turn up to take the car, call the police, its unlawfull without a court order

[steven4064]

You might find this useful Hire purchase and debt : Directgov - Money, tax and benefits

[VIOLATOR]

thx for the replies...checking it out now

[VIOLATOR]

My wife sent them a letter with an offer they refused then they transfered the account to tamworth regional office...the man there was extremely aggressive towards my wife when speaking to them on the phone...my wife then made a payment of £50 in the thought that they had excepted the £50 for 3 month offer...a few days after the payment my wife had to go in hospital for surgery...she came out a few days ago only to be greeted today with another phone call saying they wanted another £89 by the end of the month...my wife told them she was unable to pay it, she was then told that someone would be in contact on the 1st of April to collect the car...she has been in possession of the car for 3 and a half years years now... on checking her copy of the agreement there seems to be no customer number...agreement number or broker number detailed on the HP document...could this go against welcome?

[steven4064]

Hi violator

 

In answer to your last question, I think you need to know what agreement they have got. Send them a letter and reuqest "a copy of the executed agreement and statement of account under s77(1) of the Consumer Credit Act 1974". remind them that the stautory period for their reply is 12 days and enclose the statutory fee of £1 as a postal order.

[VIOLATOR]

The car has been off the road for a month or so now, so it has been parked at the back of the house on a small resident car park. I just checked around the back this morning only to find the car has gone. Nobody has posted a letter saying the car has been taken, nobody has asked for the keys. To my knowlegde there was still some personal items in the car that have also been taken. i think that my wife had made payments of around £3.000 pounds on a car that was under £6.000 pounds (although the total payable amounted to around £10.000) just wondering what i can do now...if anything. any help would be greatful.

[steven4064]

You should probably report it stolen

[VIOLATOR]

sorry to bump this but today my wife recieved another letter from welcome headed 'notice of sums of arrears' the letter states an opening balance of over £8,000+, and a shortfall of nearly £300 (obviously what they claim is behind in payments...).

The thing is we no longer have the car as they have already collected this without notice. When they 'collected' it, it was in the middle of the night and where the car was there where considerable scratches on the ground where they had obviously damaged the car getting it onto what we belive was a recovery truck.

From what we can see the amout they claimed owing is more than what we expected taking into account the amount my wife had payed previously, plus the cost of the car has not been removed from the amount owing.

Does anyone have any suggestions as to what my wife can do now, the only income she gets is a student bursary.

 

any help as always is appreciated.

 

thank you

[postggj]

hi violator

do you mean to tell me they have taken the car with out a court order and you have paid back more than a third

 

HERE WE GO AGAIN

 

have a look at this link, boy did i make welcome pay

when will they ever learn

 

after you have read the thread, post back on your thread as to your intended actions and will gladly help

 

http://www.consumeractiongroup.co.uk/forum/repossessions/150726-car-repossession-welcome.html?highlight=caz

[VIOLATOR]

I am going to S.A.R. them first and then take it from there...

[ghost_dog]

Just a thought... you say the car was left in a private parking bay. Are you sure it wasn't repo'd by the council or someone else? In my experience finance companies want you there when they collect the car, and will invariably ask you for the keys and log book. Definitely check it out - if you take WF to court and it turns out they didn't take the car it WILL end up costing you LOADS...

[ghost_dog]

And another thing... they won't collect it in secret at night. They will want it as public as possible. You sure it wasn't stolen...?

[ghost_dog]

Oh, and postggi, about the finance company not being allowed to make an attachment of earnings order. You are completely wrong. Who do you think asks the court to do it in the first place...?

[postggj]

hi gostdog

 

you dont know welcome or there recovery agents country wide

 

believe me

 

they will do any thing to get a repo

thats with out keys, log book etc

 

take it from me

 

i know

 

also, only a court can do an aoe, not welcome

[ghost_dog]

In the middle of the night from a private car park? Er, I don't think so.

 

And you obviously didn't read my post before answering.

[ghost_dog]

All I'm saying is, before all you conspiracy theorists go charing off after the finance company (because, hey, it's always the finance company's fault. Credit crisis? Ozone layer? Blame welcome!) check out what might have happened to the car because if you take welcome to court and it turns out that they didn't take it you are gonna lose. Case closed.

[postggj]

interesting comments from a new poster

before any litigation is undertaken, you build a case

 

that is what an sar is for

[ghost_dog]

Which is why you look for alternative reasons for the car going missing before jumping to conclusions.

 

SAR ain't gonna help you if the council have the car and are charging £15 per day storage now, is it?

[postggj]

i think this points scoring debate needs to come to an end

 

to end with

 

the council will notify the registered keeper that they have the vehicle in the pound

if they believe a vehicle is abandoned, same thing, they will give 2 weeks notice before removel

 

this is not helping the op and i respecfully request all comments are made with the op in mind

[ghost_dog]

With the greatest respect, sir, I feel what i have to say is very relevant, and it is not for you to tell me to shut up.

 

By all means make an SAR, build a case, and if it turns out that WF have messed up, sue the pants off them.

 

But don't rely on this alone. While you are waiting 40 days for your stuff to arrive, if it turns out that they didn't take the car, well, that's 40 days wasted. The car was taken at night from a private car park. Collections agents are only allowed to operate "between sunrise and sunset" and are not allowed to enter private property without permission.

 

Basically, what i'm saying is check out other alternatives while you are going the finance company. Oh, and report the car as being stolen. If it was taken by the finance company, it will stop them from being able to do anything with it.

[steven4064]

I agree with GD - in fact I suggested you report it stolen in post #10