Welcome finance and summons rights

[nameloc]

HIya,

 

I am contacting on behalf of a friend who got finance with welcome. Not long after he got it , he got made redundant from one company and then let go at his next job. Because of money issues, he sold it without thinking. He fell behind with his repayments a few months ago and has found out from the person who bought the car that WF told her that he owed 18k and were putting a summons on him. When he phoned originally a few months ago, they told him a whole clearance amount is just over 9k

 

My question would be 'is defaulting on their payments making him liable for the whole amount (18k) or if he is able to clear the finance in a few weeks be able to pay the amount off at the original amount quoted?

 

Any help is apreciatted

[postggj]

HI NAMELOC

and welcome

 

need some questions answered first

was the agreement hp

did you receive a default notice

is the loan secured on the car

 

what you need is the default notice, the ammount on that will be what is required to pay

 

you cant be taken to court or defaulted with out that notice

 

most important question

 

when was the agreement taken out

[nameloc]

Hiya, I beleive his agreement was HP. He hasnt received the default notice as he moved address and didnt inform them. I beleive he is getting the money to pay it off in about 2 weeks anyway.

 

But would he be liable for the entire interest of the 4 years if there is a default against him or is he still within his contractual rights of being able to pay early and not being liable for it?

[patdavies]

I think you will find that he has voided the contract be selling a car that wasn't his to sell - it belonged to the finance company.

 

If it was a private sale, the 'new' owner has no legal title to the car and it can be seized by Welcome and sold to mitigate the debt. At which point, the 'new' owner will be coming after your mate for his money.

[randomnick]

Welcome Suck! Not sure if Im in the right place, sorry if not, someone please direct me to the right place...

 

In Nov 2004 I bought a car on HP with Welcome. Unfortunately I defaulted around July 2005 and they repossessed the car. There was no paperwork, they just took the keys without leaving me any proof. At the time i was just glad to get shot!

 

That was the last I heard. Unbelievable I know. Apart from still being bombarded with offers of loans from them.

 

I have since moved and been at my present address for 9 months. This morning I received an Attachment of Earnings order, £10k @ £50 per week. ouch. I didnt even know there was a ccj. I checked my file with Experian and there is nothing. I cant beleive the court didn't write to me before the AOE. They found me to send the notice so why could they not find me to give me warning??

 

I have no idea what the car was sold for, how much was outstanding or anything. Cant help feel i'm being screwed here. By the courts as much as anyone else.

 

Any ideas please??

[TheChancellor]

Welcome Suck! Not sure if Im in the right place, sorry if not, someone please direct me to the right place...

 

In Nov 2004 I bought a car on HP with Welcome. Unfortunately I defaulted around July 2005 and they repossessed the car. There was no paperwork, they just took the keys without leaving me any proof. At the time i was just glad to get shot!

 

That was the last I heard. Unbelievable I know. Apart from still being bombarded with offers of loans from them.

 

I have since moved and been at my present address for 9 months. This morning I received an Attachment of Earnings order, £10k @ £50 per week. ouch. I didnt even know there was a ccj. I checked my file with Experian and there is nothing. I cant beleive the court didn't write to me before the AOE. They found me to send the notice so why could they not find me to give me warning??

 

I have no idea what the car was sold for, how much was outstanding or anything. Cant help feel i'm being screwed here. By the courts as much as anyone else.

 

Any ideas please??

 

You are best starting your own thread then we can keep track of your progress.Go to http://www.consumeractiongroup.co.uk/forum/#consumer-forums-center-consumer

 

then click on new thread.

 

I would SAR them first to have a look at all of the paperwork.

[randomnick]

Thanks, will start new thread. Just couldnt find where to do it

[legalpickle]

Welcome are a nightmare. A friend had issues with them but has ended up screwing them over big time. Instead of paying them the £15k they claim he owes them - after taking the vehicle back - he is emigrating so they can sod off!

 

www.saynotoyes.co.uk has a dedicated forum to Welcome Car Finance and their associated companies and a lot of people with in depth experience of the illegal tactics used by these ****.

[tgsh2006]

I think you will find that he has voided the contract be selling a car that wasn't his to sell - it belonged to the finance company.

 

If it was a private sale, the 'new' owner has no legal title to the car and it can be seized by Welcome and sold to mitigate the debt. At which point, the 'new' owner will be coming after your mate for his money.

 

 

Actually that is not correct. Under the provisions of the Hire Purchase Act 1964 a person buying a vehicle in such circumstances (assuming he was not a knowing party) gains good title.