Help please confused here will i still have to pay

[shazbeb]

Hi

On the 01/09/2005 made an agreement with Welcome Finance that they would accept 36 consecutive payments of £150 as payment in full of a hire purchase agreement no 1523039. which is £5400 - luckily i kept of copy of this agreement as they lost theirs!!

 

I managed to pay 31 of these payments then defaulted. leaving a balance of £750

 

When welcome finance contacted me about this they said I owed them £3,585.97.

 

 

I made another payment of £150 at this stage and asked for a statement of account to be sent to me as i disputed the amount.

 

To me the balance is £600.

 

I have received the statement and they never changed the amount owing at the 01/09/05 when i made the agreement with them so in their eyes i still owe £3585.97

 

as they have the amount totally wrong and I still have the agreement that I made with them am i still liable for the difference?

 

If not how do I go about this????

 

Any help would be appreciated as I have to ring them on wednesday with further payments.

 

Thanks

 

Shaz:(

[cashins]

luckily i kept of copy of this agreement as they lost theirs!!

 

 

Sort answer is if they haven't got a copy of the agreement, they cannot enforce the debt.

 

CCA them and watch them suffer!!!

 

David

 

PS NEVER talk to a finance company or collector on the phone.

[mr.ton]

Stop all payments immediately & go spend it on some shopping/or a treat etc...

[shazbeb]

CCA them? is their somewhere on here that i can find out how to do this?

[mr.ton]

Hi

I have to ring them on wednesday with further payments.

 

You dont have to do anything of the sort...other than to tell them to get lost

[shazbeb]

What worries me is that this agreement was for 36 consecutive payments as i didnt do 36 only did 31 can they then come back with the original debt?

[fedup74]

Dear Sir/Madam

Account no

With reference to the above agreement, I would be grateful if you could send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974(section 77-99) I am entitled to receive a copy of my credit agreement on request. I enclose payment of £1 which represents the fee payable under the Consumer Credit Act.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

I look forward to hearing from you

Yours sincerely

Send a £1 Postal order, and DON'T SIGN' just print your name. Send it special delivery. They have 12 days from receipt of your letter to send your agreement (or not as the case would be!!) Once the 12 days are up they are in default and you don't pay them anything. Good luck:)

 

 

 

[mr.ton]

Im sorry to say, but you've simply wasted all that money by paying them what you have done.

They have no right to obtain any money off you whatsoever without it all being sorted out & authorised in a county court 1st.

[shazbeb]

Thanks I am going to send of the CCA tomorrow, what i need to know is if they send back the original agreement, and say that the second agreement i made with them in order to clear the debt is invalid as i didnt pay all of the 36 payments as promised do they have the right to reinforce the first one??

 

This is where i am confused:confused:

[fedup74]

Is it possible to get bank statements confirming what you have paid to them as proof?

[shazbeb]

Their statements confirm what i have paid

 

Im not explaining this very well this is why its confusing

 

My original debt with welcome finance was for a greater amount that £5400 but due to problems in work etc I managed to get them to agree that 36 payment of £150 which is £5400 would clear the debt in full, but i only paid 31 payments.

Because i defaulted on the 36 payments have they got the right to re-enforce the original amount?

[shazbeb]

Anyone?

[mr.ton]

They have no right to do anything without going through the county court 1st - thats the top & bottom of it basically

[shazbeb]

Mr.ton, sorry but im not sure where you are coming from here, the first agreement was signed by me in their showroom when purchasing a car., after not being able to keep up with the finance agreement i negotiated a second agreement with them in full payment (which was considerably less) still secured on the vehicle. Now i have defaulted on this agreement the statement that they have sent to me appears to be the amount owing from the first agreement and they do not acknowledge the second agreement anywhere within the statement.

 

None of this has been done through court so i really dont know where i stand:confused::confused:

[mr.ton]

Shazbeb..what is difficult to understand by what i am telling you?

It doesnt matter what you have or havent signed & when etc...i seriously recommend that you bring this matter to a head once & for all by stopping all payments immediately & that the matter be sorted out in a county court - that way you can tell them everything that has happened, produce proof of what you have paid if you have it & then let the CC decide what is best for you.

Welcome finance are only interested in their profits, so if they can lie & cheat with you, thats what they will do.

So let a CC sort it all out once & for all, who will be on your side and take the power away from Welcome Finance once and for all.

[shazbeb]

If they have to go to court then thats fine I can do that i have all agreement etc and receipts for all payments made.

 

Last post if you can confirm that they have to go to court in order to seize my car!!!

 

Thanks in advance:smile:

[mr.ton]

If you have receipts & proof of everything then thats great - the CC will be able to tell that Welcome Finance have been in the wrong & rule in your favour.

For anyone or any company to take any sort of actions, it has to be authorised by a court 1st.

The laws of this country are there for a reason, use them to your advantage

[shazbeb]

Thanks

 

Have composed a letter stating that after receiving the Statement of account from them I am not making any more payments or taking any more phone calls from them regarding this account until they comply to my request for a CCA, as their statement does not acknowledge that second agreement made by them, therefore the balance owing is considerably more.

 

Thanks will keep fingers crossed

[Belaflat]

post made in error..please ignore.

[mr.ton]

Thanks

 

Have composed a letter stating that after receiving the Statement of account from them I am not making any more payments or taking any more phone calls from them regarding this account until they comply to my request for a CCA, as their statement does not acknowledge that second agreement made by them, therefore the balance owing is considerably more.

 

Thanks will keep fingers crossed

 

Good for you...just be preparred for the threatograms that might start coming your way, not worth the paper they are printed on