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Mulsy

Welcome Finance - Unenforceable Agreement???

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I have been looking at my loan document from Welcome Finance dated 1/2/07. I have done some research and it seems to me that this document could be unenforceable. They have listed the acceptance fee and have not included it in the total amount of credit... BUT THEN THEY HAVE CHARGED ME INTEREST ON THE ACCEPTANCE FEE. Am I right in thinking this is unenforceable as this contravenes the CCA Act 1974??? Please help me if you know the law - as hours of internet investigations has just scratched the surface with me. My Credit Agreement is set out as follows -

 

KEY FINANCIAL INFORMATION

Amount of credit for the Goods M-R £5000 A

Amount of credit for the Insurances N £1000 B

Total Amount of Credit A+B £6000 C

 

Duration of Agreement 48 Months

 

Total amount payable for the Goods A+R+V £9343.04 D

Total amount payable for the Insurances N+W £1760.16 E

Total Amount Payable D+E £11103.20

 

Payable by 48 monthly payments of £227.14

 

plus the Option Fee which is payable at the same time as the final monthly Payment if you wish to exercise your option to purchase the Goods (see clause 4 of the Terms and Conditions)

 

APR 39.0%

 

OTHER FINANCIAL INFORMATION

 

Cash price of Goods £5100 M

Total cash price of Insurances £1000 N

Total cash price M+N £6100 O

 

Deposit: Cash £100 P

PX Allowance £0 Q

Total Deposit P+Q £100 R

 

Acceptance Fee £195 S

Finance charges for Goods £3948.04 T (This should be £3800)

Option Fee £100 U

Charge for credit for Goods S+T+U £4243.04 V

Charge for credit for Insurances £760.16 W

Total Charge for Credit V+W £5003.20

 

Rate of Interest on credit (per annum) 19%

------------------------------------------------------------

 

I have done some sums and have found they have charged me interest on the Acceptance Fee ON TOP OF the Total amount of credit.

 

Am I right in thinking this is the same situation as yours and therefore makes the agreement unenforceable?

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Hi Mulsy....I would start a dispute about the 'fee' that they have charged...and make a request that they return it with interest....did you read this thread ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi Mulsy....I would start a dispute about the 'fee' that they have charged...and make a request that they return it with interest....did you read this thread ? - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581

Thanks 42Man - ON THE BRINK OF A DISPUTE

 

:shock:

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