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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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U Can Car Credit (AKA Welcome Finance)


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Hello all, new to the site however that I will start in another thread.....

 

I took a vehicle out back in December '06 with said company as my credit history is not filled with butterflies. Upon my visit to the Car Craft centre in West Midlands I was told this should only take an hour, and according to their current TV adverts, I was assured. I was there for almost 6 hours, felt like a lifetime and was treated poorly. I finally got to choose the car I wanted with my wife and knowingly went ahead with the agreement. The agent that took forever was not very well equipped in knowledge or care, but still we agreed to a £250 monthly spend. This £250 monthly budget was never taken into consideration and boy did the sales agent push all sorts of expensive vehicles our way, but we settled on a Vectra. Now since this obscene sale we went away to wait for the agreement to be "Finalised" and sent to us. When we got this it was more like £500 a month more than anything! I had this parts insurance, of when the hand brake failed and my vehicle ploughed into the back of another the replaced only the hand brake.......The parts insurance did not cover this nor the damage caused to both my and friends vehicle (co-worker luckily). When I had a major electrical fault, this was not covered either miraculously enough. These problems took me time to sort with Car Craft, the garage, and not welcome themselves. I then felt that it was time to review my current "Insurances" and cancel the lot, except the current Shortfall Insurance, of which I currently not happy paying for either. I got my payments down to now £283.06, including what U Can called a top-up loan of £1000 (Additional £36.20/month). This I am still not happy with and fixed for a four year term costing a small fortune with a continuous Electrical/Handbrake issue on the vehicle itself and damage caused due to these obvious defects. This makes me angry and to see that its happened on more than one occasion with Car Craft.

 

I went on holiday in June and called Welcome up and asked that they give me break on one payment, they agreed and asked that I cancel it with the bank just to make sure. I went ahead and did this of course and went on my holiday. I called Welcome up upon my return and notified them to re-activate the direct debit, they again assured me that a confirmation would be out in the post. I never received this and continued on my merry way, planning for Christmas (A 10 year family reunion). I noticed in July that my Direct debit did not draw, as I did not receive any confirmation as yet I left it and again it happened in August. At that point a letter was sent to there office to see what action is being taken to resolve the matter as I was concerned now for two months the direct debit did not draw. I did not receive any response to this letter, but got a "Stay in touch" letter from them, telling me of my local office. Since then until recent (few days before Christmas) I received a default notice from them and then a unexpected home visit! This chap was not someone I imagine would work for Welcome, as he was a well built fellow and I felt that this was a form of "Heavy" tactic, as he explained himself as a "Collector" and that he did not want to come take the car away from me. I defended myself stating that I have paid more than a third and they do not have that right, and agreed that I will try to get a payment to him on the 22nd.

 

This I could not do as I am currently changing jobs and just don't have £500 that he wanted. I called them later to the date explaining that I was unable to make the agreed payment and that I could probably do more a month in January. They did not agree to this and offered for me to make this payment on 31/12/08 and again they know full well that I can not make this payment. now they are currently harassing and threatening court order to reposes the car, still demanding payment! I really would like to keep this car, regardless of the problems, but would rather my money back at the same time! Can they really get away with such a heavy man tactic and charging to telephone me when I specify the time, and they cant even adhere to that? How would I go about fighting these extortionate people to get my money back, I'm more than will to give the dam pain car back but don't have another vehicle, so therefore would like to keep it.

 

Any help would be appreciated and so for the long post, but I'm sure other people that have had this unnecessary unpleasant pleasure of dealing with welcome finance, I am not best happy with them at all!

 

Thanks in advance.

 

Dave.

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first thing you should do is search and read the welcome threads

ime mentioned alot on them and it will give you an idea on this legal loan shark company.

 

we can deal with them, so dont worry.

you just have to know what buttons to push

 

come back later and fire away with your questions for which i am more than happy to advise

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Ok, I have a few questions unanswered with the threads I have found in my search. I can see that it is important to know what type of agreement I have, mine states clearly on both pages "Credit Agreement regulated by the Consumer Credit Act 1974". With this, what would be a third of payments, would it be total cash price of the vehicle? Or would it be total amount payable for the goods? Also, I have shortfall Insurance, I'm led to believe that if the car was involved in a RTA and considered a write-off, this would pay off anything I owe but is it really needed? Also, would I be at right to say that they would have to get a court order to retrieve the vehicle if I have paid 1/3 of the total cash price for the vehicle?

 

Thanks in advance.

 

Dave.

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on your agreement look at the termination rights, it will tell you the ammount needed to pay before a court order is needed to repo.

the right off insurance is prob gap insurance, as a large ammount of cars are repo, this is an expensive option, if the loan goes full term, it is recomended but look at the t&c on exclusions as many of these insurance policies are not worth the paper written on.

mechanical break down is one.

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Ok, I have a few questions unanswered with the threads I have found in my search. I can see that it is important to know what type of agreement I have, mine states clearly on both pages "Credit Agreement regulated by the Consumer Credit Act 1974". With this, what would be a third of payments, would it be total cash price of the vehicle? Or would it be total amount payable for the goods? Also, I have shortfall Insurance, I'm led to believe that if the car was involved in a RTA and considered a write-off, this would pay off anything I owe but is it really needed? Also, would I be at right to say that they would have to get a court order to retrieve the vehicle if I have paid 1/3 of the total cash price for the vehicle?

 

Thanks in advance.

 

Dave.

 

Try the guys over at Car Credit Complaints they have a heap of similar complaints both about Ucan and Welcome.

 

Happy new year!

Edited by jonni2bad
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What about the top up loan? As I have no paperwork of this nor do I remember signing any additional paperwork to confirm this and agree to payment terms etc. Considering the last time I spoke to them (They have changed their name three times since last contact) they advised me of a £10 for a copy of T's & C's of which I never received in the first place, along with an additional charge of £10 for a contract that I apparently signed of that I have no recollection of. Is there anyway to get around these ridiculous charges that the so called top up loan provide? Along with the fact that I have never had the originals. However I missed a payment to see how they would react and they pounced on me like a ton of bricks!

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send this to welcome

welcome by law will have tp send every thing they have on you

 

thats everything and will cost 10 pounds

 

you will find out what con they are pulling

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

__________________

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Thanks, will get it drafted up and sent today 1st class. I assume that I will have to send this payment through a PO, do I sign that or not? Also, in the mean time, how would I go about asking for something like that about this top up loan, would it be by the same method as I do not have any account details for the top up loan.

 

Are they really at right to charge me £10 for a copy of T's & C's of which I never received, and along with that a £10 just for a copy of a contract I don't believe I signed with them.

Edited by r3m0dul8
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the sar will give you all the info

send by recorded delievery and print your name, never sign

postel orders are now printed, you dont have to sign

when the sar comes back, i will answer all your questions and find out what they have neglected to include

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