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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. 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I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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calshan

welcome car finance - advice required

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Hello,

Pretty new to this, have spent a few days looking at all the threads before looking into the legalities of my car HP agreement with Welcome Financial Services Ltd.

 

I purchased a second hand car in a part ex deal back in April 2007. This was at Car Craft, but owing to my credit, i was taken to an office whereby a rep from Welcome Finance told me they can help me.

 

I was offered a vehicle which i accepted and my own vehicle which was 3 years younger with 3 yrs finance remaining went to Welcome.

I was asked for a £50 deposit (sure i paid £100 but i don't have the receipt) and set up on a deal. I recall the date of the physical agreement and even have the 7 day free insurance dated the same day i went into the showroom. My querey is, i have a hardcopy of the HP agreement.

 

They have post dated the agreement to 4 days after the date i drove away from the forecourt with the new car. I did not date my signature unfortunatley on the date it was originally agreed.

 

Does this mean it is a legally enforceable contract?

 

I couldn't have possibly completed the paperwork on the date of the agreement as i was at work 50 miles away and have proof.

 

I have never missed a payment and looked into a VT a few months ago, halfway through the term but was advised i would have to pay a few thousand to hand it back in. The vehicle is worthless now due to age and to be honest,k starting to cost in repairs.

 

Can anyone advise where i stand?

 

If requested, i can post the agreement on at a later time.

 

any help appreciated

C:confused:

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please post the agreement minus personel details but leave in the figures

 

google photo bucket

 

use the upload link for message boards with out thumbnails option

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Hi, I will post the copy of the agreement up once i get the scanner working.

Just a point i have noticed on another CAGer's thread which is similar.

 

I have the following three items on my agreement:

 

Acceptance fee : £195.00 (S)

Finance charges for goods : £3183.76 (T)

Option fee : £100 (U)

Charge for credit for goods (S+T+U) : £3478.76

 

 

As i understand it, this option fee of £100 is simply that, £100 payable on last payment for the retention of the vehicle or i can simply hand it back in.

This must invalidate the agreement.

If that is the case, what response should i send to Nottingham?

 

I have yet to request a copy of the CCA or SAR, should i wait?

 

Any help appreciated!

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You Are Correct

The 100 Quid Is Just That

An Option Fee To Purchess At The End Of The Agreement

 

As Its A Charge For Credit

Interest On It Is A No No

 

Usual Welcome Con This

 

Go Get Em

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Realy Need To See The Agreement To Confirm Interest Is Being Charged On It To Confirm

 

Post Agreement Asap

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will try asap to post it!

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here is part 1 of the agreement

scan0004.jpg

scan0005.jpg

scan0006.jpg

scan0007.jpg

scan0008.jpg

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part 2!

scan0009.jpg

scan0001.jpg

scan0002.jpg

scan0003.jpg

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posted as requested POSTGGJ!

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Hi Cashlan

 

At The Moment Ime Looking At

The

 

Option To Purchess Fee (u)

 

Ime Having It Checked Out

 

If This Is A One Off Payment At The End To Purchess

 

Why Are You Paying Interest On It As Its A Charge For Credit

 

Still Checking

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Hi Post,

 

That is my thought exactly and i see that there is another thread with a similar point - option fee is simply that, an option fee so i should not be getting charged interest on that! (but i am!).

 

I have this weekend requested a copy of the cca (postal order, template letter sent etc) and have it confirmed as signed for yesterday, so will see what comes back from Compliance.

 

Still checking my records to see what happened to the deposit as i paid more for the deposit than listed on the agreement but it was paid in cash so i can see a SAR being submitted to see what else they have on this agreement from the sign up date.

 

Your thoughts are appreciated on the Option to purchase issue!

 

Thanks

Calshan

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bump!

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Had a copy of my agreement sent through after sending a cca request.

As a result, contacted Welcome.

Had an interesting chat.

Point 1) The agreement above is the same as the one they have sent

Point 2) The deposit shown is £50 - when i queried this, they stated they have an invoice for the deposit i paid which shows £100. Question - where is the missing £50 for the deposit?!

Pount 3) When i asked what the option fee was, they stated that it is a standard fee applied to all credit agreements. I stated, as this was a HP agreement, why is there no final option to purchase fee at the end in this case. They couldn't answer this point.

Point 4) it turns out the nice salesman was actually not a Welcome Employee as he stated and as such brokered the deal through Ucan Car credit. Hence on my statement, there is a brokeridge fee of £195.

Point 5) They checked their records and stated they had returned post for my new address for 4th August 2009. Strange as i did not give them my new address until my cca request on 15th August!

Any thoughts on what to do next? Does this mean the agreement is unenforceable? If so, what is likely to happen should i challenge the agreement? It is not in arrears etc and i was told i could vt no problem providing the rac check is ok.

 

Any help appreciated

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Think I saw something on another recent thread about if the amount payable on your credit agreement isn't correct then the agreement is unenforcable?

 

Obviosly the total amount payable on your agreement is wrong because they've missed the extra £50 on the deposit therefore your amount payable is £50 over.

 

This may be completely wrong I'm a newbie too so my knowledge on these things is very limited! I will see if I can find that thread.

 

good luck!

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aha, found it check out the thread: Welcome Finance Loan "Agreement" Sent... particularly post number 13 (I think)

 

Anyone else think it may be relevent?

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thanks, i will check the thread out.

Simply wanting to know where i stand and what any likely outcome will be!

New to this also so all help appreciated!

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bumping

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Just of note, can't recall if i mentioned this already, I went to carcraft to get the car originally, the salesman said he was from Welcome Finance though showed me nothing to confirm this. It turns out that he was from UCAN car credit and was merely brokering the deal.

Does this make any difference?

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it does if he got a back hander and it was not confirmed to you

 

start to turn the screw

 

contact car craft and ask what commission he got from welcome

 

that will tip them off though

 

i would send car craft a sar for all info on the sale

 

dont tell them why you need it

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I will send that off as i want the copy of the invoice for £100 which shows on my agreement as £50, Welcome have confirmed they have the £100 invoice on file!!! Also the option fee to dispute as being charged interest on this.

 

Postggj, I am confident of getting the information for the SAR, however, can you confirm what course of action i should take one the information is received, as i intend to get started.

After all, planning and preperation prevents pith poor performance!!

Simply want to be prepared

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as i allways say

 

get all the info first

 

then check mate

 

softly softly

 

catchy monkey

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thanks POstggj, will get the information first and post it up!

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well done for putting the option fee in your arsenal

 

as its an option to purchess and is a charge for credit

 

interest on it is a no no

 

thats another welcome con

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