VT Trouble with Welcome

[13thapostle]

Hi guys and girls.

 

This is my first post on here after searching google, A LOT about the problem I'm having with Welcome and the car HP agreement with them.

 

Brief History

 

I got a car back in March 2007 and Welcome provided the finance via an HP agreement, and I also took the mechanical breakdown insurance as well. I took the agreement out over 4 years paying £177.49 per month.

 

I checked my agreement and after 2 years I could VT the car providing I had met the termination figure on the agreement of £4049.84.

 

So on the 27th April this year, after I had made 2 years worth of payment, I sent them my termination letter. That's when the fun started. After finally getting the termination request to the correct department, I then received a letter stating that I owed them £700 to terminate as I had not yet reached the termination figure, and I still owed 2 years worth of the mechanical breakdown insurance.

 

I queried the letter saying I had made 2 years worth of payment which amounted to the termination figure as stated on the signed agreement. I was then told that the termination figure is based on the repayments made against the car, and my monthly payment of £177.49 represents repayment of the car and insurance, and only 90% of that monthly figure is goods, the other 10% is for the insurance.

 

This is where the real argument started. The agreement clearly states that once half the TOTAL amount payable has been paid, which is £4049, then I can return the car. I does not state anywhere about payment for goods only.

Also the agreement, or any paperwork I have for that matter, does not show any breakdown of what the monthly repayment is made up of. i.e how much I am paying back for the goods, and how much I am paying back for the insurance.

 

In May I passed these details on to a solicitor to take up, and first off they said the letter Welcome sent me regarding the termination didn't show the deposit I had made at the start of the agreement or the proceeds they would get back from selling the car. But they sent off a SAR to Welcome with the required £10 fee to get all the paperwork they have on me to look at it properly. It has now been over 40 days, the legal time required to respond to a SAR, and Welcome still haven't forwarded the information to the Solicitors, and they are not contactable by phone either.

 

I am still paying each month for a car that I no longer use, in fact I have made another 3 payments on the car since sending my termination request, as I don't want to just stop the DD's and get defaulted on my credit file.

 

I really don't know what to do now, but it's getting beyond a joke. How can a company state 1 thing on their agreements, which is in effect a contract, then say something different, which amounts to a breach of contract??

 

Please help. I will put the links up to the agreement as well.

 

Sorry for warbling on, and thank you to anyone who has taken the time to read my thread and offer some much needed help.

 

 

http://i248.photobucket.com/albums/gg195/ctaylor3_2007/Figures.png

 

http://i248.photobucket.com/albums/gg195/ctaylor3_2007/Agreement.png

 

http://i248.photobucket.com/albums/gg195/ctaylor3_2007/TC.png

[dx100uk]

ok well welcome [sic] along to the forum dedicated to the worst credit company in history - welcome finance.

 

my first advice is to read as many of the threads in this forum as you can, the more you read the stronger you will become & the more knowledgable upon how to deal with these rip-off cretins.

 

you'll work out what to do next from reading other peoples experiances.

 

i'd also seriously consider reclaiming the ppi as i bet you were told you had to have it or no hp?

 

dx

[T2upNorth]

Hi 13thapostle

 

As dx100uk says, reclaim PPI/charges etc. - that will seriously reduce the debt.

 

It does state in 9.2 of your third doc post about payment of goods being the key to VT. However, I think thats a moot point as the agreement clearly states a VT figure on doc post 2. As far as you are concerned you are paying for the total credit, how they apportion that credit is up to them, not your concern.

 

Just to get the ball rolling, I'd suggest sendin a CCA request:

 

Welcome Financial Services Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

 

 

27 July 2009

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxx

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

You may also want to send a SAR (£10 and takes upto 40 days) - more power to your argument!

[postggj]

try this

 

call welcome and ask again about the vt and debt still owing. if they say the same crap, ask them to send it in writing or even better, do you have it in writing.

 

now back to the agreement.

they are talking rollocks

 

once the termination figure has been reached, thats it, game over, welcome cant to sfa.

the termination figure and ppi are two seperate finance agreements on the credit agreement if that makes sense.

you are still paying full apr on the total ammount of credit, thats car finance and ppi

 

the ppi has its own seperate apr

 

if you need help drafting a letter to these cretins let me know

 

more than happy to help

[13thapostle]

Hi everyone and thanks for your replies.

 

The solicitor has already sent off the SAR request to get the paperwork from them, but they have not responded with the 40 days, but have banked the cheque of £10.

 

I called the solicitor yesterday to express my concern at the lack of movement on my case, to which she replied that they have sent numerous letters and faxes that have gone unanswered, and attempted phone have not been answered. All this is to the head office at Ruddington, which is where I sent in my initial VT letter.

 

I was told that was the wrong place to send it, as it should be my local branch that handles this as the 1st point of contact.

 

Any how, the solicitor decided to try and get through to the local branch, which eventually she did, and the person she spoke to there knew nothing of the communications between the 2 parties. Typical! The solicitor then requested the fax number to send a copy of all the documentation sent thus far, to which the local branch replied they were sorry but the fax machine is broken, you will have to send them in via post.

 

So I've now got to wait another week or 2, which starts getting nearer if not past another payment date. So thats more money they will have off me.

[postggj]

ruddington is the highest you can go

its compliance

 

local branch to deal with it

 

its rollocks

 

your solicitor should no better

[13thapostle]

ruddington is the highest you can go

its compliance

 

local branch to deal with it

 

its rollocks

 

your solicitor should no better

 

Well that seems to be Welcome all over. I sent my VT letter in to Welcome at Ruddington, asking for details on when they would like to come and collect the vehicle. The response I got back....a statement of account. When I called to question what they sent me, I got the same response. You need to send your request to your local branch, who will then communicate the request up the chain to the VT department.

 

Utter rubbish.

 

We'll see what happens with this girl at my local branch now she has a letter and all the paperwork from my solicitor. It doesn't change the fact I'm still paying them each month though.

[postggj]

Claim It Back

 

The Vt Should Take No More Than 14 Days From Initial Request

[13thapostle]

Claim It Back

 

The Vt Should Take No More Than 14 Days From Initial Request

 

I know, but this is my whole concern and argument with them. They claimed I still owed them money at the time of VT request because the VT figure is based on repayment of goods, when it clearly states on the agreement that it is half the total amount paid.

 

I will never deal with these low life, **** again. It's an absolute pain in the a**.

 

Can I claim back my over payments since the VT request?

[postggj]

as soon as you have paid back half, thats on the agreement under your termination right, thats it

 

 

do as ive advised

 

send a letter by recorded

 

tell them to collect the vehicle within 14 days and confirm vt or you will start charging 20 quid a day storage charges and receipt of this letter confirms the agreement unless you get written notification to the contary

 

and you will seek legal redress through the county court

 

cretins

 

they realy do think they are above the law

[13thapostle]

as soon as you have paid back half, thats on the agreement under your termination right, thats it

 

 

do as ive advised

 

send a letter by recorded

 

tell them to collect the vehicle within 14 days and confirm vt or you will start charging 20 quid a day storage charges and receipt of this letter confirms the agreement unless you get written notification to the contary

 

and you will seek legal redress through the county court

 

cretins

 

they realy do think they are above the law

 

I'm gonna give it till next week to see if the local branch will reply to my solicitor, if they don't, then I will be sending the letter myself or instructing the solicitor to do so.

[13thapostle]

well it's been quite some time since my last post. Nearly 10 months. Here's what's been going on with my Welcome Finance sage.

 

The case was taken up by Stephenson's solicitors in June last year, and they spent month after month trying to get Welcome to respond to anything they were doing. Welcome used the usual excuses of fax machine not working, local branch has been closed down, with out any notice to me or the solicitors of the branch where my account was then held. I even found out that a manager at Welcome had cancelled my original VT request, and not left any reasons or explanations on the system as to why. They just cancelled it.

 

After muuuuuuuuch waiting and paperwork being sent, I was advised to forward the case to the FOS by my solicitor. Funnily enough, as soon as the FOS contacted Welcome, I received a final offer from them saying I could give my car back at no cost, but the were keeping my overpayments to clear off the liability they claimed I owed. Errrrm computer says no!

 

So I called them at the beginning of December to dispute this offer, and seek reassurances that the negative marks on my credit file that have been put on while this dispute was ongoing were removed, and that I wanted my overpayments back, which totalled £700+ before they got the car. I was advised this would be investigated and then I would get a call back with the results. Funnily I never heard from them, so I carried on with the FOS route. I sent them copies of all the paperwork that I had, and that the solicitor had sent Welcome.

 

That was December, I got a call from the FOS this week, from one of the adjudicators that is now dealing with my case, and guess what......the FOS are still waiting for the paperwork requested from Welcome They've given them 2 weeks to respond and then it goes to decision stage based off the evidence submitted.

 

Oh and the car is still sat on my drive, in the same place it's been since May last year waiting for this to be solved. Patience is a virtue.

[postggj]

well what can i say

 

welcome playing three wise monkies again

 

seems it will soon be over now

 

just wait for the fos to do its decision

[13thapostle]

well what can i say

 

welcome playing three wise monkies again

 

seems it will soon be over now

 

just wait for the fos to do its decision

 

lol Good comment. I like it.

 

All I wanted from the start was to VT my car, they didn't want me to do that. Now all I want is to give them the car back, and get my £700 overpayments back, and my credit file cleared up. Nothing more, nothing less.

 

Lets see what happens.

[postggj]

the fos will award 200 quid comp as well

[13thapostle]

the fos will award 200 quid comp as well

 

If they do, then that's a bonus. I'm not out to screw any body, I just want the car gone and my money back.

 

I suspect if Welcome do come up with the paperwork, it'll be right on the last minute as usual.