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


zaidey
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91. if goods are recovered by the creditor in contravention of section 90— (a)

the regulated agreement, if not previous terminated, shall terminate, and

 

(b)

the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.

 

 

s90 makes no mention of private land but the consequences of breaching it are set out above

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Even Though These Agents Were Acting Under The Instruction Of Welcome,

Are They Not Jointly Liable,

I Mean Welcome For The Actions Of Its Contractors

 

if the instructions to visit zaidey was from the creditor then they are liable for there actions.

 

cab

 

(that came from trading standards)

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on what basis do you come to this conclusion?

 

its not my conclusion,

google car repossession

 

If you've paid more than a third of the total cost of the HP or CS (not including any insurance), your lender will need a court order to take the goods back. If you've paid less than this, the lender still can't enter your property to take the goods without a court order, unless you give them your permission to.

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from reading your comment it appeared that you were implying that they "could" take the car irrespective of whether there had been payment of one third of the total monies

 

hence my reply

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No Probs

 

I Get My Knuckles Rapped Meny Times Still

 

Its Nothing Personel

 

We All Have To Learn:):)

 

we do,

and having had the same problem i will look and learn with great intrest:cool:

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wow u guys and girls are amazing....

 

i can confimed my car was parked on the road outside my house...so no it wasnt technically on my property...

 

i can confimed i have paid more than 1/3 as i have a cca back from welcome with statements of my accounts (broker disbursement £13,663.20, add hoc fee £1.00, and capitalisation £1.00 etc) whatever they are...

 

total i have paid is £5937.75

1/3 of agreement is £4505.79 under repossession rights...

 

do u need anymore info adding to the letter as i would like to print this off and send it recorded delivery tomorrow..

 

thanks in advance

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wow u guys and girls are amazing....

 

i can confimed my car was parked on the road outside my house...so no it wasnt technically on my property...

 

i can confimed i have paid more than 1/3 as i have a cca back from welcome with statements of my accounts (broker disbursement £13,663.20, add hoc fee £1.00, and capitalisation £1.00 etc) whatever they are...

 

total i have paid is £5937.75

1/3 of agreement is £4505.79 under repossession rights...

 

do u need anymore info adding to the letter as i would like to print this off and send it recorded delivery tomorrow..

 

thanks in advance

 

that throws a cat amongst the pigeons.

 

how long was it clamped for or is it still clamped.also being parked on the public road, makes you wonder why they did'nt just take it away:?

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the car is now unclamped but only after i rang the agents and told them everyting that was happening..

.they only released the vechile at 18.30pm on friday night.....

 

i was told by the repo agent that he didnt take the car right away in the morning because quote

"he saw a childs seat in the back of the car and thought a clamp would be better than removal" what a nice guy...

 

when i rang the repo agent after getting up and finding this yellow clamp attached to my car..

..he said he had some paperwork from welcome that was a repocession notice which was dated 28/7/09 and sating i had 7 days to act..

..apparently this noticed was supposed have already been served on me..

.how can it have been the clamped my car on the 31/7/09..

 

once he told me this he changed his attiude and became nice and said he would ring his office to find out what action to take....

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just a quickie is clamping a car deemed illegal repocession as i cant seem to find this out in google law etc..

 

a quick word with these people might help, S.I.A, to clamp a vehicle they have to be licenced by the S.I.A.

 

Security Industry Authority

PO Box 1293

Liverpool

L69 1AX

Tel:0844 892 1025. Our lines are open from 08.00 to 20.00 Monday to Friday.Fax:0844 892 0975

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