Taking Welcome to court!

[k1mmie]

Great thread. Good work guys, keep it up.

 

I have had a double wammy from Welcome.

 

Had a car loan in January 2006.

PPI, Medicare you name it - we had it.

 

Then in October 2006 we took out a secured loan with Welcome (although I cannot see a charge on the property and have been told they don't always put it on).

The deal was to repay the finance outstanding.

They did this, but later found out that no figures were released to us ever, about repayment of the original loan.

No refund of original PPI.

 

However, PPI and credit arrangement all added on to this loan.

£23k plus PPI makes a total of around £28k.

 

I sent my details to a company who said I had a case to question the enforcement of this agreement re the PPI and the amount as it exceeds the £25k for section 77/78.

It was passed on to their solicitors.

 

However, 18 months down the line, the solicitors now inform me all they are questioning is the PPI,

and even though the first loan was paid of by the second,

they are not dealing with loan.

 

My question is

I am worried that if they did get the PPI refunded,

obviously it would take it to under the £25k,

and then harder to make unenforceable.

 

I am on conditional fee agreement covered by insurance for this case.

The solicitors are waiting for counsel to look into the case,

(to see if they think I have a case that would be won),

but dragging their feet.

 

What would your views be on this case,

as I have heard of them rejecting claims.

 

I would prefer to get out of this (if it is not going to get me the best result, and I have no fees to pay), if I could.

 

Thank you.

[082stewie]

Hi Kimmie

 

Is the 28K including or excluding the interest on the loan?

 

If you called Welcome today, what would the settlement be?

 

Stewie

[k1mmie]

Hi Stewie

 

This is exclusive of interest. My latest statement shows £35k outstanding. The total repayment figure is just a telephone number. lol.

 

Thanks.

[k1mmie]

On my original car loan I have Acceptance Fee (£195)+ finance charges for goods (£1653.56) + Option Fee(£100) = Charge for credit for Goods (£1948.56) + Charge for credit for insurances (£639.23) = Total charge for credit £2587.79

 

So many figures though not sure whats what. Doesn't make sense to me. All I know is that for a loan of £3250 (we put £4045 down as a deposit) the Total amount payable came to £11214.44

 

I just realised that they charged insurance on the whole amount for the vehicle then deducted the deposit - how naughty!!!!!!!!

[andie_303]

Kimmie - your figures don't make sense can you scan a copy of your agreement and post it up so i can see

[k1mmie]

As for the secured loan. Original amount £23946.48 + credit for insurances £4288.52.

 

Then says total charge for credit £55623.39 =Acceptance Fee £235. + Interest charge £55388.39

 

DOes this sound right???

[k1mmie]

Kimmie - your figures don't make sense can you scan a copy of your agreement and post it up so i can see

 

 

On it's way! DO I scan onto this thread?

[andie_303]

On it's way! DO I scan onto this thread?

 

 

scan to photobucket then post me your link here - I actually have to do some work in a minute (believe it or not as I'm always on here!) but I will pop back and have a peek soon.

[k1mmie]

SOrry what's photobucket? Anyone? Thank you

[itrends]

SOrry what's photobucket? Anyone? Thank you

 

photobucket

[k1mmie]

Thanks. How does this work? DO you register and then download info? SOrry never heard of this before.

[itrends]

I think you will have more luck with this

 

TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[k1mmie]

Thanks. I am not keen to post this on an open sharing site though. I have not got a problem with CAG users seeing, but do not want open access/sharing. Is there any way of sending a private message with the info or a page on here I can post it on? Thank you.

[andie_303]

block out all your personal info and signatures just leave the figures so I can see - load on to photobucket (you just register and then upload as you wuld do photos) it will create a URL and then just copy and paste the URL link you can do that in a PM to me if you want

[k1mmie]

How do I PM you Andie?

[andie_303]

How do I PM you Andie?

 

 

click on my name and it will take you to my CP page - you can then see a drop down box in the left hand corner that says send a message

[k1mmie]

It has been sent Andie. Thank you.

[k1mmie]

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Edited October 23, 2009 by k1mmie
removal

[andie_303]

I can relate to this as this is exactly what happened to me. Andie, any chance you had a look at my paperwork? How does it look? They have even written to me saying "that we noticed from your account that you are experiencing difficulty in making payments (uh, yeah. Haven't made them for over a year now due to this legal case). We pride ourselves in being an approachable company and would like to offer you the opportunity to make half your monthly payments.(I bet, what's the catch?) Please call us to arrange this".

 

I bet they want us to just make contact, then will want another agreement in place to accept reduce payments. Needless to say, I won't be contacting them just yet!

 

Kimmie - yes I've PM'd you

[eeeezzzyy]

i think we've all got to be patient and continue to chip away at (un)Welcome finance in our own ways....im convinced andie 303 and postggj are spot on with their advice,

[k1mmie]

Had a car loan with Welcome Finance in January 2006 with PPI. Then they offered to repay the car loan and give us a further secured loan in October 2006 for £23946.48. (Don't know how they got this amount). Added PPI of £4288.52. We have had a legal arguement going on for over a year now on this account and have not been making payments. After being recommended to loancheck, they passed it on to a Barrister. He is now taking the case on a conditional fee agreement. However, I have been told that he is only claiming the mis-selling of the PPI on the second loan. I thought we were questioning the unenforceability of this contract, as this is what I was originally led to believe. Also surely the first loan has to come into question as the second loan paid off the first.

 

At no time were we ever given repayment figures for the PPI or for the first loan.

 

As this is going through a firm of solicitors, we do not get the opportunity to speak directly with the barrister. I would like to know if there is any chance that this agreement is unenforceable and can bring this to his attention.

 

Any help appreciated.

[steven4064]

You will need to post the agreement so we can have a look - there is no way we can asnwer without seeing the agreement (remove person details of course)

[k1mmie]

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Edited October 22, 2009 by k1mmie
removal

[pinklily0105]

your situation sounds a lot like mine. But i've been doing some digging with trading standards, and because we have signed on trade premises you aren't entitiled to the cooling off period, even if its a secured loan.

 

You should however have had the contract to look over 7days prior to with no contact from welcome to influence you. Now i never had that as im sure you haven't. You can take them to court for that, but you have to prove that by having that contract 7days before, it would have changed the outcome of you taking the loan. Trading standards say that is a long shot, and could be very expensive to us if the judge goes welcome's way.

 

Ive been advised to go after the ppi. I too had previous loans with ppi and im looking into if the correct figures were given etc in paying off old loans and ppi's.

 

Im waiting on my SAR from welcome, have you sent for one of those ?

[emanevs]

get your bank statements to find out when you had the money.

 

Also, get the CCA.

 

upload the statement without your personal details.

 

this will all help.

 

DATES ARE RELEVANT!!