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Welcome finance CAR HAS BEEN CLAMPED .. now claim form from IND


zaidey
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Hi all

 

I have a problem with welcome finance i bought a car on hp from them in oct 06.

..my payment was 280 per month .

..everything was fine until dec07 when i lost my job and fell into arrears.

.. i spoken to them and we made a agreement to pay back 120 per month.

 

...eveything was fine until about 2 mths ago, when they asked me to call into there local branch and sign a aggreement to pay 120 per mth over the next 10 years...

..help

 

i really dont want to pay over 10 years!!!!!! my god

 

thx in advance

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firstly do not sign it

 

i have recently had dealings with this company and the agreement was defective however they picked upon this and asked the client to go in and sign a new agreement which he did before i could get hold of him

 

you need to make a request for a copy of the credit agreement

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

 

the letter is letter "N"

 

send with a one pound postal order and see what they come up with, i would bet the figures dont line up

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What ever you do do not sign that agreement, you will need to go in and ask them how they are getting their sums and record this on your phone, as long as one person in the room knows they are being recorded ie yourself it is not agaisnt the law to record them. unfortunatly if your loan was for £280 pcm and your only paying £120 it probley will take you over ten years to pay it back,

 

i got a car from welcome in january 2008, it was a 206 worth £3000 paying back £260 per month, i took the car back two days later after going through the agreement and notcing i would pay £11000 back, i can get the same car now for under £2000 cash lol. they took the car back with no problems but a few days later i had a default on my credit file by welcome for £20 lol, which couldnt of been in default becouse the agreement was not in place for the 8 payments it was missed in order for a credit account to be put in default, anyway they appologized after many phone calls and removed it, this was done in spite becouse i took the car back and didnt have to pay a penny for the two days i had it, lol.

 

Although i must say i now have a loan with welcome and everything is fine with it , i have missed a few payments phoned them up and told them , they have been very nice and understanding and i have not incured any fees or problems with it on my credit file. the apr is a bit high but thats the price i pay for not having a clean credit file, ring up your welcome branch and ask to speak to them, they will help you if your honest and open. but a ten year agreement is a bit too long.

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  • 2 weeks later...

well i just printed and sent the letter to welcome...

.hopefully i will hear something back asap..

...ill let you all know what happens and ty for the advice.

 

ive found my original copy of my hp aggreement from welcome finance and yes i have some questions about it...

.as far as i can see its not dated in anyway or is it signed by themselves.

..its does state its 1/3 of the total sum to be paid before they can take back the car......

 

ive also had a visit by there local rep today who charged me 25pounds to knock on my door..

..she handed me a letter that states the account balance is 8403.45

with current arrears being 1647.80

my aggreement states total amount for the car is 13518.36

under the hp aggreement is a box named repossession rights that figure is 4505.79 or 1/3.

 

the 8403.45 is that including my arrears and if so have i paid more than the 4505.79.....

.... also my hp aggreement is not dated or has been signed by them in anyway...(i can email a copy)

also there nothing mention about a car on the hp aggreement (the boxes for the make/model/registration are all empty..

 

sorry to ask so many questions but the reps partying comment was if we dont have full payment we will take your car away at the end of the month!!!!

Edited by zaidey
i found my original hp aggreement/ questions
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quick update

 

i phoned the local welcome office and received a statement of my account in the post..

..from what i can see i paid 5800 so far

...which is more than 1/3 of the aggreement..

 

they still hounding me and still threatening to take the car away from me...

 

help plzzz

 

p.s i can email the original copy of my hp agreement if any1 knows about that stuff..

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  • 2 weeks later...

quick update for ya...

 

well i finally enlisted the help of trading stardards as im sick of the threats for welcome staff....

 

i know i paid more than 1/3 off the car so like i keep saying to welcome staff u cannot take the car without a court order....

 

trading standarda are involved after i made them listen to taped telephones conversations with welcome staff (threatening to take the car on xmas day etc)...

 

ill keep u posted!!!!

 

o yes trading standards as righting to welcome for copys of credit aggreements etc they are really helpfull..

 

watch this space????

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Thread moved.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

(Im wrote this message on a friends computer thats why its saying im connor03 it should be zaidey ) stupid me..

 

update for you!!!!

 

well trading standards have been writing to welcome since 5th january 09..

.i had a call from them on the 12th feb claiming that head office had been slow to send the letters to the local office..

and could i please send them my copy of the aggrement so they could check it???? yer right as if i would do that..

 

after a long conversion with them the man from welcome stated that he personally thinks that if my copy had not been signed by them then

,they dont have a case and im able to keep the car and get all monies back from them..

.(he did indictate that it is he personal viewpoint)

 

they are now stating they have a signed copy on their system which i disputed as i have a copy of the agreement which only i signed and welcome have not..

..trading standards seem to think the aggreement is unenforceable as there are no car details on the aggreement either..

 

where it stands at present is that we requested the aggreement from welcome to which they havent sent it.

..they are also saying they have now never recieved any letters from trading standards (which i know is crap as they rang me to say they have)..

 

so for now i waiting for there agreement and there waiting for mine

 

..trading standards are now passing the case to enforcement team so watch this space!!!!

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  • 2 months later...

update:

 

after months of talking to trading standards and them talking to welcome my signed paperwork has turned up and appartenly i dont have a leg to stand on....

 

i was waiting for the call from welcome and i had one..

...yet another new person dealing with my case.

 

.i asked how much i had paid to which she said i had paid 6398 total which is more than half of the orinial aggreement

..i dont know where they get there figures from?????:confused:

 

she just offered to half my outstanding balance left on my car...

 

it was 8400 pounds but she can offer me 4200 pound total thats half knocked off right now..

 

she also expalined that i can pay it back over 3 years and 5 mths at a rate of 102 pounds per mth with no charges or interest...

 

seemed very nice but i explained that due to losing my job last year that would be some what hard to pay back..

 

she did the "if you dont agreed we will take the car back from you".

..i could of responsed the

..court order thing stuff..

but i thought it might be wise to keep that under raps...

 

i wondering what to do should i ride it out to see if they give a better deal

or shall i wait for them to pick the car up and then hit them with the illegal repo stuff (without) a court order paid more than a 1/3..

 

 

what your thinking..

...o yes i forgot she seemed a newbie to me.

..like a admin worker trying the collections industry.

.i think welcome are getting desperate!!!!!!:eek:

 

happy days:)

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update:

 

after months of talking to trading standards and them talking to welcome my signed paperwork has turned up and appartenly i dont have a leg to stand on

 

Hi Zaidey

 

I think it is more than a little odd that your original agreement is missing all sorts, signatures etc then they manage to make a compliant one appear later on, tad convenient....are they STILL forging stuff?!

 

Bein nosey I have to ask, did you have insurance at all on the original agreement?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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heres a copy of my hp aggreement that i was given at welcomes showroom where i got the car

 

they say they have got a full signed aggreement that they are sending me in the post.....

 

any thoughts?????

 

if you cant read that then try http://s588.photobucket.com/albums/ss323/zaidey_photos/?albumview=slideshow

 

i never used photobucket so i hope its right

 

any1 had chance to look at this hp aggreement yet

 

can some1 look at this aggreement and tell me what u think please!!!

 

well still trying to resolve this

 

ive had a look into my agreement with some help i might add

 

i think cash price for goods is wrong it reads 9,649 section (m)

 

i think it should read 9,299 (a)

 

have a look please

 

welcome finace picture by zaidey_photos - Photobucket

 

welcome picture by zaidey_photos - Photobucket

 

thanks

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  • 2 months later...

Oh my. Yes they have added this £350 insurance shortfall to the cash price of £9299 totalling £9649

then they have added the £350 AGAIN so you now owe them £9,999 for the cash price. So that's a big problem for a start.

 

Then what exactly is this £350 insurance shortfall? It isn't PPI is it? I very much doubt that it should be included in the total price as you will now be paying interest on it when you shouldn't be (I think).

 

Next no-one has countersigned the agreement. If they say they have a countersigned agreement then demand to see it. You copy should be exactly the same as theirs.

 

I find it very odd indeed that they are making such generous offers to you if they have the correct paperwork. Where is it then? If you don't have a leg to stand on they should show you the documents. They are in a very difficult situation if you have paid a third as they need a court order to get it repo'd. Looking at what we have here they'd have a brass neck to try it on in court.

 

I don't know what they said to the TS man but you need to get him to look at this again. Problem is a lot of TS people aren't very up on consumer contracts.

 

I would probably be inclined to see if the Financial Ombudsman would step in here - unless you fancy a fight in court. See what anyone else says on here.

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thankyou for looking but i just noticed something else...

 

the total amount payable for goods is 13518.36

 

on the second page it states how much a 1/3 of that sum to be paid before repocession etc...

 

my calculation has it at

 

13518.36 divided by 3 making one third which is 4506.12

 

not 4505.79 as stated in the termination rights

 

hope i got that right

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There is someting not right here and I am not an expert so may be wrong but I see you paid £150 cash deposit and they gave you £200 in part exchange. Is that correct? This totals £350.

So why have they charged you £350 in insurance shortfall? Also if they add insurance I don't think they can include that for interest.

I suggest you try and catch PT's eye on this one.

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ill go through the agreement in the morning with fresh eyes

 

if rhia is correct, thats the second agreement ive seen today with creative accounting

 

once ive confirmed it

kiss the agreement goodby

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ok people

good news

welcome have been good at cooking the books again

 

the 350 quid insurance has been added twice

 

the amount payable should be 9649

but its down as 9.999

 

add that all up with interest for the term of the loan,

 

thats healthy figures for cattles, no wonder they are about to go under when its all a house of cards

 

the agreement is crap

invalid

finito

 

fraud

 

what ever you want to call it

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aha i see!!!!!!!

 

so they have added the 350 twice....

 

my head is done in looking at this agreement...

 

so what does this mean for me...what should i do now???

 

they phoned me again to state they have all the correct paperwork and should i wish to look at it i can call into there local office...

 

does this mean i should keep the car and should i make a claim for any payments i have already made as i have paid £5937.75 as confimed by welcome sending me a statement in the post....

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