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    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
    • you made it very confusing, though i doubt any of it was ever read by the delivery franchise for DPD. your saving grace might well be you didn't select your own address (though if you are all the same postcode..??) and neither mentioned a safe space other than another neighbour. but with the actual delivery address on the parcel, it appears the driver had a choice of 3 addresses, all under the same post code with differing house numbers. so chose the label one but left it on your doorstep. play it carefully and along with the photo and the retailers requirement you should be ok.   dx  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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welcome finance Problems


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I have a letter from welcome today, thanking me for my letter regarding missold ppi. there is no mention of mechanical breakdown or gap.

 

the letter says they can't accept my complaint and i should fill out a questionaire and get it back to them,

 

I read on here some where that the questionaire is to trip people up and it shouldn't be filled out.

 

How should I respond to this letter?

 

Should I state that all the relevent info is within the original letter that I sent?

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I have a letter from welcome today, thanking me for my letter regarding missold ppi. there is no mention of mechanical breakdown or gap.

 

the letter says they can't accept my complaint and i should fill out a questionaire and get it back to them,

 

I read on here some where that the questionaire is to trip people up and it shouldn't be filled out.

 

How should I respond to this letter?

 

Should I state that all the relevent info is within the original letter that I sent?

 

Yeah, must be a standard response as Ive just had the same letter. Was gonna ask the same questions as you have above!

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Just done a quick search, and here was someones response to this questionnaire:

 

I agree entirely that these questionnairs should never be completed, as the wording is biased in their favour should it ever get to the point where the fOS needs to adjudicate, or it gets to court.

In fact, I think it serves as a warning to all, NEVER to fill out such documents that arrive in response to ANY complaint against any company. They may appear entirely innocuous, and a simple way for that company to help you get your point across.

But in the vast majority of cases, they are drafted with a view to blowing your argument right out of the water.

In fact, it may be helpful to pass a copy of such questionnaires to the FOS when making your complaint, as this tactic is in itself cause for complaint and proof of such can only help strengthen your case.

 

----

 

And a letter someone else sent:

 

Dear Sirs

Thank you for acknowledging my letter of complaint with your letter dated the 21st of September 2009 a copy of which is enclosed .

Please note the questionnaire you describe was never received at this address and therefore cannot be returned . In that regard I can only suggest that you make enquiries with the Post Office . However as it is highly unlikely a questionnaire of any kind might alter the basis of my complaint or invalidate it . Therefore I must accept your letter as nothing more than a delaying tactic and thus further evidence of Welcome Finances contempt for the ethics codes and rules of good business practice . I am advised that if Welcome should close my complaint on such contemptible grounds it is reasonable to state that I have exhausted Welcome’s own complaints procedure .

This allows me to seek the assistance of the Courts or the Ombudsman .

As your letter states a reply must be received within four weeks if the complaint is to stay open I must insist on your reply to this letter within 21 days assuring that my original complaint will remain open and will be dealt with accordingly .

 

HTH.

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You do need to send them some sort of reply, even if it's just to tell them to bog off so that they don't have a reason to go beyond the 4 weeks they are allowed to deal with it.

 

However, we did fill it out mentioning only what we had already said in our original letter and we have had our PPI refund (cheque's clearing).

 

Also even on our final response it mentioned only the PPI but we were indeed refunded for mech breakdown and shortfall extra too.

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Hi, I'd already gotten the FOS involved with my complaint. However, I too was sent a questionnaire by WF to complete. I wasn't aware it was sent to trip people up. WF wrote that if they didn't receive a reply from me that they would not accept my complaint. The FOS telephoned them and told them to naff off because they were involved, but in any case the FOS told me that I still had to complete the form because if I didn't it would give WF the excuse that they needed to throw my complaint out.

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You do need to send them some sort of reply, even if it's just to tell them to bog off so that they don't have a reason to go beyond the 4 weeks they are allowed to deal with it.

 

However, we did fill it out mentioning only what we had already said in our original letter and we have had our PPI refund (cheque's clearing).

 

Also even on our final response it mentioned only the PPI but we were indeed refunded for mech breakdown and shortfall extra too.

 

 

Can you tell me if you were refund the whole premium plus interest per your agreement and how long did it take?

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We had PPI, Mechanial Breakdown cover and shortfall extra insurance. Total cash price of insurances was 2665.84 + charge for credit for insurances was 1537.72....so thats 4203.56.

 

We were told we could have the refund in cheque form but as we wanted rid of them we asked them to deduct it from the account to clear it with any surplus sent to us via cheque.

 

We were refunded £4672 which they used to clear the balance and a cheque for just under £200 so altogether the refund amounted to just under £4900. They have said this includes the 8% stat interest.

 

Our Blance is now zero and they are closing the account which they said takes about seven days. They say they have removed the car from the HPI register which I have in writing and that the welcome entry on experian should be gone by the end of next week.

 

They recieved our initial complaint letter on the 7th August and the cheque is clearing now so it took around 14-15 weeks and this was without FOS involvement. Hope that helps.

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IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

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

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This a rough draft letter of complaint I want to send welcome.

can someone give me a thumbs up/down.

 

Dear sir/ madam

I took out a hire purchase with welcome finance on the date , with the understanding that I would recieve £1000 minimum part exchange and £250 for purchasing a car from you. This is what your company was advertising at the time on the television, it was this advertisment that atracted me to take out a car hire purchase with welcome finance. If I had never seen this advertisement I would never have even considered taking out a hire purchase.

I never recieved the minimum part exchange allowance of £1000 or the £250 for making a purchase with welcome finance. I was told that these amounts would be credited to my account which they were not. The person that sold me the hire purchase car, took my old car as part exchange, and quoted a part exchange allowance of £1 for reasons only known to him. So in effect I sold you my old car worth £600 for £1, which I believe was terribly unfair. I was told to sign a disclaimer to say that I had recieved these amounts, I did sign the disclaimer because I trully believed that these amounts would be credited to my account. I was also told to sign this disclaimer along with some other paperwork so that the purchase could comence.

I am requesting that you pay me the £1250 that should have been paid when I first took out this hire purchase.

I look forward to your reply.

Yours faithfully

Edited by abi_cutie09
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I've just noticed that on my hire purchase agreement my part exchange allowance has been deducted out of the amount of credit for goods M-R

The exchange allowance has then been added back in to the Total amount payable for goods A+R+V

Even though it is only £1 it still doesn't seem right

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This a rough draft letter of complaint I want to send welcome.

can someone give me a thumbs up/down.

 

Dear sir/ madam

I took out a hire purchase with welcome finance on the date , with the understanding that I would recieve £1000 minimum part exchange and £250 for purchasing a car from you. This is what your company was advertising at the time on the television, it was this advertisment that atracted me to take out a car hire purchase with welcome finance. If I had never seen this advertisement I would never have even considered taking out a hire purchase.

I never recieved the minimum part exchange allowance of £1000 or the £250 for making a purchase with welcome finance. I was told that these amounts would be credited to my account which they were not. The person that sold me the hire purchase car, took my old car as part exchange, and quoted a part exchange allowance of £1 for reasons only known to him. So in effect I sold you my old car worth £600 for £1, which I believe was terribly unfair. I was told to sign a disclaimer to say that I had recieved these amounts, I did sign the disclaimer because I trully believed that these amounts would be credited to my account. I was also told to sign this disclaimer along with some other paperwork so that the purchase could comence.

I am requesting that you pay me the £1250 that should have been paid when I first took out this hire purchase.

I look forward to your reply.

Yours faithfully

 

Should I ask for the 42%apr and 21%interest that has been added to the £1250?

Should I mention the sales rep's name in the letter?

 

If they agree that I was not credited with the £1250, wouldn't they have to recalculate my monthly payment as the interest charged wouldn't be correct?

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I had a reply to my letter about harasment,

 

They said they won't phone anymore, but they still might make a doorstep call if I go too long with out making a payment.

 

Do you think I should reply back stating that if they wish to make a doorstep call they should make an appointment first??:D

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I recieved a a statement for my personal loan,

 

It does not quite match with the statement provided in sar,

And does not tie in with the quote of arrears on the harrasment letter that they sent me,

 

Do arrears include charges that they have applied to the account?

I cant work out how much I owe them!:confused:

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