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Zebedee

Hillesden/Aplins claimform - 2001 with Associates Capital now Welcome car HP

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I am currently trying to get information from Hillesden regarding a HP agreement I took out in 2001 with Associates Capital for a car.

This agreement was taken over by Welcome Finance.

 

Prior to this change I contacted Associates and told them I could no longer afford the car due to personal circumstances at the time, and asked them to collect as I had the car for 2 years which was half the HP agreement timescale.

 

They never collected the car.

I contacted Welcome after the change and told them the same, that I could no longer afford the car and to collect.

Again they did not but wanted me to take out a new agreement with them to re-finance the car. I refused to do this.

 

After checking my credit report,

Hillesden Securities now 'own' this alleged debt.

I checked my credit report last month and this account was defaulted as an HP agreement.

 

This month, however, they have defaulted me for the same amount and changed the type of default to a loan account.

Can they do this?

 

Anyone? The information is lodged with Callcredit reference agency, on two other reference agency files it shows as a HP agreement. Please let me know what you think before I write to Callcredit and Hillesden

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This is complicated !!!!!

 

About 5 years ago I bought a car on credit with a company called The Associates.

Lost my job a couple of years after buying the car - up until then no payments missed and everything was fine.

 

 

Then I missed a few payments and the agreement was 'apparently' transferred to Welcome Financial Services.

 

 

Now I do remember at the time I made a couple of lower payments on the car to a lady called Sue (I think) from Welcome,

but then told her I could no longer afford the car and to collect it,

as under the HP agreement I could hand back the car after 2 years and owe nothing,

which is what I wanted to do at the time.

 

 

She instead offered me a re-financing loan which I refused, still insisting the car was collected.

 

 

I heard no more from Welcome (read: no default notices, letters of assignment etc).

 

 

Around 2 or3 years ago (I cant remember exactly) I received a letter from a debt collection agency threatening me with court action.

 

 

I responded by saying OK, I'll then sue your client for the same amount for storage and maintenance of the same car

(I still have the car, at least its still in the family) - heard nothing from them again.

 

I recently checked my credit file and noticed a default was on there from Hillesden Securities for a HP agreement.

I sent of a CCA request to see what it was for and received back some paperwork ie an agreement, default notice and a statement.

 

 

I have never seen any of this before then.

Also the information on my credit file has been very recently changed to say this account is not an HP agreement but a loan.

 

This morning I received a letter from a company called Aplins saying I owe Hillesden Securities Ltd (Welcome Financial Services) over £5000 and I have to either pay DLC in full or arrange payments!!!

 

Any ideas as to where I go from here? I hope it all makes sense.

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Someone will soon answer you with more experience than myself,but i would think a good idea is now to send off a S.A.R. subject access request.I will P.M. Curlyben to ask for a SAR request to suit your situation

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Can you scan and post the "agreement" so we can asses it for validity ?


Be VERY careful whose advice you listen too

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Thanks CB, heres the agreement - sorry its a bit unclear - thats just how I got it from them:

 

EditedHP.jpg

 

editedhpsf2.th.jpg

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Also, I've just noticed the payment protection box is ticked and some figures have been entered. Now I am certain I did not ask for this - I would have claimed when I lost my job if I had taken cover. Can I do anything about this too?

 

One other thing - the garage I bought the car from also went out of business within 12 months of me buying the car - does this make a difference?

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Under the Consumer Credit Act an HP contract allows you to voluntarily return the car after 50% of the payments have been made-and it is included

in the terms of your contract.

 

However, the situation becomes murky from there in relation to your situation.

You are supposed to write to the company asking them to take it back, not

just telephone them. And once you have agreed to hand it back, then

whether they collect it or not, you should not drive the car again. [part of the

reason being that you are then using the car without paying for it, and the other reason is that you are racking up the miles on it and therefore lowering

its trade in value to the owner.] By the same token, with them not collecting the car, the trade in value has also suffered because of the time lapse, which is their fault and for .

 

It may have been remiss of Welcome not to collect the car as you were not paying for it, but if you have been using it, then you cannot expect to have

the use of it for free.

 

As you took the insurance [or they said you did] perhaps someone more

knowledgeable than me could confirm whether the way the total amount of credit has been calculated is correct. IE they have two separate totals FOR "TOTAL AMOUNT OF CREDIT" and I think that is misleading and does not

comply with the Act.

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I kept the car, unused, for three months after informing them I wanted to return the car.

 

 

I did write to Welcome to inform them of this,

but they refused to accept the return.

 

 

Instead they constantly phoned to get me to take out a re-financing deal on the car with them, not Associates who I had originally taken out the agreement with.

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hi just a little snipit, the associates was taken over by citicapital about 5 years or so ago, and most off the staff left and started there own fiance brokering, welcome probilly took over the car fiance division over as citi capitol had the plant and machinery work,hope i was helpfull

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In that case send Welcome an sar so that you can see copies of the letters you sent them advising them that you wished to hand back the car.

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Thats been done today lookinforinfo - but can anyone tell me if the agreement is valid, taking into consideration the point noted above about there being two amounts and the fact I have no terms and conditions? Should I also SAR Hillesden as they say they now own the debt? All help appreciated!

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At the moment, there is not a lot of point in sending an sar to Hillesden-you have had very little contact with them, so they probably won't have much on you. Should they take you to Court, that would be a different situation.

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My missus received a claim form for a loan she took out almost 6 years ago with Wellcome finance. Paid it OK for a few months, then we both lost our jobs and ended up with a fair amonut of debt, and still paying some now.

 

The claim form was for a loan with Wellcome Finance. The original loan amount was for £1500. The claim form totalled £2525.10 including costs.

 

When the claim form arrived we acknowledged service via MCOL and sent the letter asking for more details under the civil procedures rules. We had a response from them today.

 

Included is an agreement from Wellcome, terms and conditions, some sort of 'health policy' (we knew nothing about this), statement of account which includes charges, payment protection insurace which, again we knew nothing about and finally a list of database entries from Hillesden DLC (nothing on the database regarding Wellcome)

 

We really could do with some help as to where we go from here. There are charges on the statement of account, and a payment we know nothing about.

 

Please help!! This is now quite urgent as reading through their database entries they are seeking a charging order.

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I need some urgent help!!

 

I posted in the legal section but don't have any replies - i hope i'm not being too pushy but I do need some help rather quickly.

 

Please see this thread:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/139743-hillesden-aplins-wellcome-court.html

 

Basically they have issued a claim which she (we) are going to defend. I requested information from them which we received just today. Please have a look and see what you think?

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Hi Zebedee, are you able to scan in (remove all personal details and account numbers using your editing programme) and then upload to this thread using photobucket. That way people will be able to see and help you better. xx

 

I have pressed the panic button and hopefully someone will be along to help you soon. xx


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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

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Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have pressed panic button for you on your main thread. :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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See reply on other thread.

 

Please stick to one thread per issue or we're all over the shop;)

 

Hi Zebedee,

 

Stick to this thread just now - if needed, it can be moved to the Debt forums.

 

You need to post here a copy of the CCA agreement and other doc'ts or put them on Photobucket and post a link to it here.

 

See guide - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Please help!! This is now quite urgent as reading through their database entries they are seeking a charging order.
Please give more info about this, too.

We could do with some help from you

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Thanks - I'll get all the info posted up this morning......

 

Hi all, sorry its a little late. I have scanned all the documents they have sent, but they seem not to have sent any notice of assignment, default notices and no paperwork from Wellcome at all except the agreement.

 

Here is the agreement:

 

Image2.jpg

 

I have also scanned in the rest of the documents received and have made them private. pm me for details.....

 

I know they cannot go for a charging order straight off, and that we would have to default on whatever payments the courts may set. Have a read of the last page of their datatbase entries below:

 

Image11.jpg

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Hi Zebedee,

 

I'll get someone to look at the CCA doc't and suggest where you stand as regards its' enforceability.

 

Do you own your home or are you renting.

 

Please confirm the following dates:-

 

When the claim was sent out.

 

When you acknowledge it.

 

The date by which Defence must be entered.


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Hi there, can i just confirm the figures in box H on the agreement please as i cant clearly read them

 

Also can i check what HealthCare is? was it optional? did you have to take it out for the loan?

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Thanks slick.

 

We own our home, its in joint names.

The claim form issue date was 28 Feb 2008, we acknowledged via MCOL about 20th March stating we will defend the whole claim. I still need to contact the court to see when our defence should be submitted.

 

pt2537 - the amount in box h is 380.59 We have no idea what healthcare is - this is the first the missus has seen of this, although on the copy they sent us it is signed and looks like my wifes signature.

 

Sorry for the late reply - I'm working nights:(, but thank you both for your help :)

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Hi Zeb,

 

From the dates you give, you acknowledged the claim late (should be issue date + 16 days).

 

However, I think you had until 29th March to enter your Defence. PT may advise differently but I think you need to get a letter into court by hand on Monday addressed to the Court Manager,......

 

"....apologising that you didn't understand the process, you are taking advice in this matter and that you'll enter a Defence within the next 7 days if the court would kindly allow this.

 

You have been working long hours, didn't appreciate the situation in which you now find yourself and meant no disrespect to the court."

 

There's a chance the court may already have entered a judgement against you by Default (because you missed the response deadlines). If this has happened, let us know and we'll try and help.

 

I'll leave PT to comment further on the doc't.


We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I have this morning received an interim charging order against my property for an alleged debt to Wellcome finance through Hillesden/Aplins. This is all in my wifes name, not mine.

 

Hillesden took her to court on 13th March to which she pleaded not guilty. She received nothing else at all from the court after this, until a summary judgement came through the post a few weeks later. I was under the impression the case would be re-sheduled and we would have time to submit a defence, although I must be mistaken.

 

The point is, my wife does not make any payments on the mortgage, I do. I am also in the process of putting the house on the market, some of the proceeds of which will be offered to these blood suckers in a f&f settlement.

 

What can I do to prevent this action, if anything? Any help would be gratefully accepted.

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