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crk81

Default Notice from Welcome finance, is it correct & legal???

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IMO the DN is not valid as it states 'within 14 days' & it should state a specific date that should also allow for posting. They would also have to prove that the DN was actually posted & the date of that mailing. ;)

 

They have now gone on to terminate your account so they would only be entitled to claim the arrears at the time of default & never, ever the full amount.

 

BTW crk, you've left your name on the jpeg, suggest you edit asap.

Edited by foolishgirl
addition

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for looking into that, removed the name, thanks for spoting that.

 

The termination letter has been reversed so they say, to cut a long story short the car i bought had issues, few months after getting no where i returned car & cancelled dd.

9months down the line a high up person within welcome contacted me after various letters/emails etc.. and when i told him i recieved this letter he advised me that he would stop the agreement being terminated.

 

although the default is still on my file i am awaiting the CRA to update once welcome gets back to them. but i still receive arears ltrs and believe the agreement is still in default. they have since returned the car back to me after them letters were issued.

 

the CRA confirms default amt as total outstanding also.

 

So can you advise me where i am best to go from here with regards to this, my main concern is to get the default removed, behaps a letter to welcomes legal dept? and any idea of anykind of draft letter available that you have come across.

 

thanks

 

crk

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The termination letter has been reversed so they say, ....

and when i told him i recieved this letter he advised me that he would stop the agreement being terminated.

 

They can't 'un' terminate an agreement - once they have sent that letter & an invalid DN, they are sunk - only arrears at time of default are owing. i.e. they can't turn back the clock or reset it without your permission & that would mean a new agreement had to be signed by you. You're hardly likely to do that are you? ;)

they have since returned the car back to me after them letters were issued.

 

Did they do this to try & reinstate the agreement?:-o Misguided attempt methinks.

Have you made any payments since?

 

So can you advise me where i am best to go from here with regards to this, my main concern is to get the default removed, behaps a letter to welcomes legal dept? and any idea of anykind of draft letter available that you have come across.

 

Hmm - needs thinking about carefully. Will get back...

 

 

FG


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for getting back to me, nope never signed a new agreement, no, they were looking into the issues of the car and once they looked into them i advised i would accept the car back (nothing signed or anything). yes i have resumed my direct debit paying the orginal amt on the agreement & nothing towards any arrears.

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This is getting complicated ain't it?

 

You say you returned the car - who to? The garage you bought it from? What were the issues - faults? & what did they say about them etc. Did they fix them? If not, why did you accept the car back?

 

Do I understand correctly that they kept it 9 months before returning it, during which time you were not paying dd?

 

Also, how much have you paid off the total amount of the debt? Is it more than 1/3rd? It makes a difference as to how you play it as they cannot repossess if you have paid more than this amount. That doesn't mean they won't chase you for the debt but as I said before, if the DN is defective & they have terminated your account, you would only be legally liable for the arrears at DN date, not the full balance, although you may have to go to court to argue this (can't see Welcome accepting it without a fight)

 

The default on your file is the least of the problems at the moment, suggest you concentrate on getting the sum owed agreed first if you can;)


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for getting back to me FG, okay, al post it from the start, going to walk the dog & i'll get me writing head on when i get back..:-)

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I'll try & keep this short as possible...

 

Purchased the car from Carcrap oops a mean carcraft lol via ucan car credit on 30th may 2008,they took my car as deposit, although they have put £500 cash deposit (my guess ucan fiddled it to make it look good to the finance companies they applied for the credit with).

 

Soon as I purchased the car I took it to my local nationwide auto garage and had a free safety inspection carried out.

 

Following come back:

rear suspension unit leaking, front brake discs below the recommended minimum.

 

So contacted the carcraft place & they took car in fitted new suspension unit & front brake discs & brake pads.

 

then when the wet weather come in, the car was steaming up & water ingress was coming down the side windows... contacted carcraft again & they threw some water over the car & advised it was fine, further bad weather and I kept having the same issue, I then contacted them again requesting to speak to the manager of the service dept, he said bring the car down and he will personally look into this. Took the car down and he tested car again, more buckets of water I think & he agreed to change 2 of the door seals, again have to go away they order the parts in and then I bring the car down. That day I was running late in getting back to pick up the car they advised me it was okay to collect keys from showroom and car would be parked outside, that night I went down & it was raining, the same issue was there... I then contacted ucan to ask for the car to be exchanged, it was past the 7 or 14 days I could exchange it from 1st getting it. so I contacted the hp company "Welcome finance" spoke to a nice person who advised that she would look into this & for me to phone carcraft to give her name to give consent for her to access my details held with them, she contacted me back to advise me to go back and they will look into the fault again, I advised this wasn’t really acceptable & I do not want the car anymore. Having been back and forward for all these jobs & alot of wasted time, also had a few other minor issued with wheel balancing, faulty speaker, air bag fault message & remote fob key not always working remotely.

 

I tried & tried to get them to exchange the car, but that’s when welcome stopped doing sub-prime finance with other companies and I was advised by carcrap manager that it’s at director level of both companies that no cars can be exchanged.

 

So I then sorted out some cash, went and bought myself a run around car & drafted up a letter stating I was returning the car under the sales of goods act. And enclosed all the paperwork in an envelope drove the car to carcrap & left the car outside & handed in the envelope with the keys FAO: manager also handed a copy of the letter to welcome local office to inform them.

 

Then few days later welcome phones me (wow after all this time my dd cancelled and at that point I only paid 2 payments for the car) asking why I have dropped the car off down carcrap & to advise me it’s now at welcomes local showroom. Explained the situation & they just turned all snotty and were no help at all just said I would be liable for all the remaining finance etc... Months went by few phone calls here and there & I was getting arrears letters from welcome. Then about 7/8 months later a letter comes through the door from an area manager of welcome advising he is unable to get in touch if I want to contact him any further this was his number. so I phoned the number & explained what had went on, he advised he would look into the matter, next few days I call him up & he advises someone is looking into the matter & gave her contact details, I spoke to her and she advised me the regional manager is dealing with it. I then got put through to the regional manager via welcomes switchboard & he said straight away, its hp we are the ones that have to put this car right, at this point the default letters had come through & the termination letter to say agreement is now at an end and they want car back etc.., he asked who the termination letter was from & I give him details, this is when he said he would get that all stopped. He then got the car into a local garage to get a safety inspection on it. then it went to a special body shop where they done high pressure water tests 2 days on the trot & it all come back fine, my current car failed its mot and I had days left, having 3kids it isn’t a option having no car so I contact the area manager and advised him I will take the car back as long as you give me a letter in writing to state that should the fault come back they will look into it again, he said yes to this (still awaiting the letter) I then collected the car from the local showroom as welcome car finance had ceased trading and all cars had to be moved from the building for insurance purposes so I got it back asap, then got all my charges for letters being issue, cancelled dd etc.. took off my account & set back up monthly dd to pay the payment, I had wrote in to welcome to advise I wanted the default removed & I would set back payments up and they could do a new agreement over the 4years, someone agreed to this over the phone, but to date it hasn’t happened.

 

got the car back, remote fob key missing & locking nuts missing, welcome are going to pay for replacements as this is their fault.

 

I washed the car and no water ingress, thought okay, somehow it’s just disappeared, then comes the rain a few days/week down the line and the issue is back, on further inspection I can see the outer window seals are letting the water into the inner seal and its building up causing water to seep down the windows, also building up steam in the car with the moisture. I give up with ringing so I wrote a letter to the regional manager advising him the problem was still there, he wrote back about a week ago to advise that they have done the test and there was no fault, so I ran the area manager up and asked him if he could send out a copy of that letter, he said he has passed my file over to the regional manager so he has it and he will get in touch to get a copy sent out & he would ring back by the end of the day. had no phone call as of yet, wrote another letter back into the regional manager advising him of the letter and when it rains (must be with it coming down from the sky) its occurring, any water test would more than likely of been from someone standing pointing a hose or pressure washer at the car & I have advised him I intend to sue them if they do not resolve this. At the start I requested the car was sorted with a service, aircon cleanout etc... And he agreed if the fault was there but because it wasn’t he will do nothing. So if they have messed up in the default paperwork and I can somehow SCREW them basically lol I want to. Although I do want to keep the car. The End...lol wasnt very short after all, sorry if i've went on abit, i get wrong off the mrs all the time i think she switches off from me because she is sick of hearing about all this trouble with the car.

 

oh yeah and i think ive only paid aprox £890 off the car in total to date. i have paid the correct amount only missed payments when the issues with the car started & i returned it back to them (wasnt gonna pay for a car i never had)

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OMG - what a tale of woe.

 

Firstly, you did absolutely the right thing by returning the car under SOGA & that is where it should really have all progressed from. So not sure about Welcome's part in all this, sounds as though they have been trying to pull a few cons along the way. And I'm not convinced that they haven't set up a new agreement - suggest you apply for a CCA under CCA1974 to check. It costs £1.00. Send a PO, do not sign the letter, send Rec. Del. to Welcome's head ofice. If your existing agreement comes back, great, you can move forward; if a new one comes back, we'll think again.

 

When you didn't get satisfaction under SOGA, did you try reporting it to your local TS dept. at all?

 

BTW you say you've paid £890 - does this include the £500 they have allowed as deposit for the old car? If this is less than 1/3rd, the car can be repossessed if you lose your battle.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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seems foolish girl is spot on as usual

 

never known welcome return a vehicle before, am i reading it right, after nine months.

 

could it be welcome are trying to show a healthy account balance to cattles.

 

thats another story.

 

you are in the driving seat on this one

default notice is crap so all you will be liable for are the arrears up to the default notice, thats it

 

welcome have confirmed they have terminated the account, so why try and unterminate it,

they cant

 

returning the vehicle under the sale of goods act was a good idea

 

seems welcome might be using the default removel as a carrot to get the agreement going again.

 

if it was me i would say stick the agreement and remove the default, but your problem is that you stoped payments while in dispute.

 

send welcome an sar to this address to find out what is going on before the next move

 

welcome financial services

compliance

ruddington fields biz park

ruddington

nottingham

ng11 6nz

 

send recorded delievery

 

wait for foolish girl to comment with any more sugestions but thats what i would do to begin with

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Hi guys & thanks for getting back to me, i can confirm i have done a CCA & have the agreement, that was excluding the deposit also, so i work out i've paid aprox £1400 maybe just under, the agreement states £2,514.60 & they can not take the goods back, so best to wait at least 6months before i do anything then they can not take the car back lol. i have a SAR in with them at the moment also postggi, i have also asked the regional manager for a copy of his file aswell as i've told him i intend to sue them, i was just thinking of goign to the FSA with the issues with the car.

 

They also just disregarded my return of goods under the sales of goods act, all i got off them is ad still be liable i can not do that.

 

i will never do business again with wf or carcrap can't belive how they jump on you in the showroom, soon as you sign on the dotted line its goodbye dont wanna know you.

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crk81

 

can you post your agreement minus personel details onto your thread

leave in the figures

 

google photo bucket

 

use the upload link for message boards with out thumbnails option

 

where did you send the sar and how long ago

recorded delievery i hope

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didnt sent it recorded delivery, didnt sent the £10 either, so just waiting for them to get back to say they need the £10 then i'll have to send it in,

 

agreement is here, these are the agreements without the insurances on , belive you have seen them on my other thread i had open

 

http://i44.photobucket.com/albums/f31/crk81/latestagreement-front.jpg

 

http://i44.photobucket.com/albums/f31/crk81/latestagreement-back.jpg

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just had the letter today asking me to send in £10 for SAR or £1 for credit agreement, also had email from carcraft " I cannot provide you with a copy of the pre-delivery inspection (PDI) for your vehicle; as this does not fall under the remit of Data Protection. This is because the PDI relates solely to the vehicle. " :-( wonder if there is another way to get them to give me the PDI......

Edited by crk81

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just had the letter today asking me to send in £10 for SAR or £1 for credit agreement, also had email from carcraft " I cannot provide you with a copy of the pre-delivery inspection (PDI) for your vehicle; as this does not fall under the remit of Data Protection. This is because the PDI relates solely to the vehicle. " :-( wonder if there is another way to get them to give me the PDI......

 

 

thats rollocks

 

phone them and say if they dont provide it a complaint will be taken up with the information commis office and the oft

 

make the request by an sar

put the above sentance in requesting pdi report

lets keep it official

 

its obviouse one was never done

 

prob got the car straight from an auction

 

cretins

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i have emailed the lady back & asked her if it is possible for me to still have a copy & i can collect it from the showroom i got the car from as they have a service dept that will no doubt of done the alledged PDI. I'll await her response first.

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been onto welcome today regarding situation with the car issues, spoke to area manager today (who has now moved to another area of the business in welcome) he advised that regional manager told him he is dealing with the matter now (as prev i sorta dealt with area manager & he relayed back to regional). so contacted the regional manager and he advised me taht he has passed my last letter onto the compliance dept & they will be in touch & they are going to be dealing with the matter (must be because i said i indend to sue wf, although i might just have to go the FSA route for now due to court costs i can not pay for). managed to get a pdf with all my mobile phone statements (as i always called them from that with my free mins) and searched there numbers & below is what i have spent talking to them, at least just on 4 numbers that i still have.

 

41 calls to 01159849200

171.48mins

 

44 calls to 0191490125

75.12mins

 

32 calls to 07******053

22.15mins

 

totals in 269.15mins to WF alone on them numbers

 

20 calls to 01706752500

111.15mins

 

thats 137 phone calls!!!!!

 

all since i got the car & the issues i had with it up until my last mobile statement which was produced last month.

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Cheers m8, book marked & reading it up now, because my default is dud, do ya think its best to wait until i have paid the min amount before a court order has to be obtained for them to take the car, i am very tempted to ask you guys help in a draft letter to send to WF regarding the dud default, but as prev mentioned the HP agreement is terminated & they could just turn up and take the car anytime. Or even though i am paying, i have been notified that the agreement is already at a end so behaps they can just take it off any shortfall when they take car back & sell it on...I just not sure where to go from here...

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The Thing Is

The Lousy Default Notice Only Works Once Court Action Has Begun

 

What Ever You Do

 

Dont Tip Welcome Off On The Default Notice

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Okay, not saying nothing to them, cheque sent off today for my SAR. with regards to my default notice & to get my head around this.

 

My default notice & covering ltr states i have to pay "£" if i wish to end this agreement by the date shown & they are entitled to return of the goods. the default notice shows "to remedy the breach you must pay to us the total arrears of £382.17 within 14days" then further down it repeats what the covering ltr states i need to pay "£" & return of goods.

 

also it shows the total amt payable under the agreement and then

payment to be made:

'Arrears' £382.17

the o/s bal £6712.22

less rebate allowable in future installments (£)

less insurance rebate (£)

total amount to be paid £

 

a £ = 1 pound in my eyes, shouldnt the total amount to be paid be the outstanding balance?

 

if they took the car back or i handed it back & decided to take me to court for the remaining balance, what would i have to pay, bearing in mind i have paid at least £331.00 since this default notice was served not to mention they put £100 credit on my account so thats £431.00 credits since the default.

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thats rollocks

 

phone them and say if they dont provide it a complaint will be taken up with the information commis office and the oft

 

make the request by an sar

put the above sentance in requesting pdi report

lets keep it official

 

its obviouse one was never done

 

prob got the car straight from an auction

 

cretins

 

 

I havnt went along the lines of advising them i will be making complaint with ICO or OFT (yet lol) but she has replied to state " I have checked with the Data Protection Officer and we are unable to provide you with a copy of the PDI."

 

I am awaiting my SAR from carcrap then if it is not in thats when i will contact the ICO & OFT regarding this.

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ill try and explain

default notice is crap

welcome issue court action

defend the claim

as welcome have terminated the account unlawfully all you will have to pay are the arrears up to the default notice.

pay that with in 30 days, no ccj and no liability on the outstanding balance

 

as this is welcome

 

shame

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Thanks for getting back to me:-) my concern at the moment is where do i stand, they have terminated the agreement so at anytime they could just come and take the car back....

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