welcome finance - account in dispute - or is it?

[electric2]

Hi All

I put my account in dispute in September, and today received my cca. Please could someone take a look and tell me if it is ok? Also Welcome have said that where the cca 1974 states you can put your account into dispute - this only applies to Banking Institutions.

Thanks

 

Electrik

 

just trying to work out how to photobucket them on here,

 

Edited November 7, 2009 by electric2
attaching docs

[electric2]

It would appear that the reality there is little you can do, the recent court case reported on this forum would tend to strengthen this view Im afraid. Going down the 'in dispute' route will no doubt priove your agreement is unenforceable BUT you will almost certainly have negative info. recorded on your CR, there have been a few cases where this has been removed, but quite rare.

 

Andy

 

Hi

Had a letter today - welcome say as a gesture of good will they will remove all the negative info from my credit files

[electric2]

cant do it - anyone tell me how?

 

thanks

[pompeyfaith]

Here you go

 

Photobucket Tutorials

[brassed-off-2]

Hi

Had a letter today - welcome say as a gesture of good will they will remove all the negative info from my credit files

 

Until they update the system! and then it might revert back to what it previously said!...keep yur eye on it...this happened to others caggers...its on the main thread ( around the summer somewhere?)

 

b-o-2

[electric2]

Thank you

[electric2]

Thanks b-o-2, will keep check on it

[electric2]

Hi, I think I am going to vt my agreement. I have paid three quarters of the agreement, can I just write a letter saying i am going to vt and pay nothing? When I mentioned it to welcome they said I need to pay a VT fee that they would work out for me?

Thanks

Electric

[Guest Old_andrew2018]

Bump

[electric2]

Hi

I have just found the sec 100 of cca that relates to voluntary termination. Please can someone put it in laymans terms for me? It states:

 

(1) Where a regulated hp or cs agreement is terminated under sec 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination.

 

Section 99 basically states that at any time before the final payment by the debtor under a hp agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled to receive the sums payable.

 

I stopped paying welcome in August, I have paid 3/4 of the agreement. I want to terminate the agreement now, do I have to pay a termination fee? Do I have to pay the payments i have not paid for Aug, Sep and Oct?

 

Please help asap - got them ringing me 4 times a day again

 

thanks

electrik

[pwg6565]

Hire purchase and debt : Directgov - Money, tax and benefits

 

Hi Electric. Not an expert I am afraid mate. Try this link it may help you find some answers to your questions.

[electric2]

Thanks Pwg6565 - it helps

[just_jue]

Hi, just found this on the National Debt line whichmight help you:

 

Some creditors try to charge you for collecting the goods after the agreement has been terminated. It appears that this is not allowed under the Consumer Credit Act. If asked to pay an additional charge, you can complain to your trading standards department.

 

As long you have paid over a half (including arrears) you have to put it writing. They will probably want to inspect the car and will charge you for any damage which is not normal wear and tear.

 

You will have a section on your agreement 'Termination - your rights' which will tell you what amount you have to pay before you can terminate without paying anymore.

 

If Welcome want to charge you a VT fee ask them to put it in writing and ask them were it is stated on your agreement. They may also ask you to deliver to a depot miles away from you (this happened to me when I VT a car a few years ago). You can deliver the car back in an acceptable distance from your address.

[electric2]

Hi Just Jue

Thanks for that it is very helpful. Welcome sent me a letter with an amount I had to pay before I handed the car back. I have paid 3/4 of my agreement, and know now that I can hand the car back and not pay anything else.

[Poor-Credit Borrower]

Not necessarily true Andy. What the judgement said in essence was, where a debt EXISTS, but is unenforcable, then the adverse data may be recorded.

 

No mention was made of other instances where there may actually not be a debt at all. For instance, if a debt were to be declared void, and a judge declares so, then technically, there never was a debt to report on.

 

Mention was made regarding the fact that the judge was asked to rule on similar situations, but the consensus was, he could not rule on hypothetical cases, and could only address the facts before him.

 

Quite right too.

 

Sorry that this is a relatively old thread ... I have just looked at my credit report on Experian, via Credit Expert, and about 5 or 6 creditors have recorded continual missed payments over a whole year, whilst the accounts have been "in dispute". 11 months ago, I transferred from a traditional debt management co to a "debt reduction" co, and at the outset they said my credit reference data wouldn't have been affected, but it seems to have got worse now. I also have 4 defaults on the system, which presumably nothing can be done about during the 6 years from the date of default.

 

However, with the one that have recorded, say, 6 missed payments over several months, is it worth saying that as the account is in dispute, usually through no executed fully-signed agreement could I issue a NOC (notice of correction) to Experian to say that they shouldn't be recording my non-payment as "missed" payments?

 

Thanks for any advice on this!

[kiko056]

''electric2''-I see that you was trying to claim back Mechanical Breakdown Insurance & Shortfal Extra Insurance from Welcome F.I have been mis-sold this insurances too and i would like to ask you did you won anything back from them and if yes could you please give me some advise what i should do.

[kiko056]

Hi, i have exactly the same, and when later on when i try to cancel it they told me that it is not possible. Have you complained about it to them and if yes did you reclaim something back? Please give me some advise what to do to get my money back. ( 1400 pounds they charge me for this insurances

[Gingersp28]

hi all,

 

i have had the same problem with welcome finance. took out a car on finance which cost £5000 with all the PPI, Breakdown, shortfall insurances it comes out to £12,000. When i paid the allotted amount to VT. they told me that i was in arrears. I paid the arrears of £900.00 and still they will not take back the car. I wrote and wrote to no avail.

 

Todate i received a letter regarding PPI reclaim, filled out the forms sent it off. and awaiting their response. I am at my wits end with welcome as they registered a default of £8000. How is that possible? where did all my payments go? need some advise. please help.

[BRIGADIER2JCS]

I would guess that you have had a huge interest

rate lots of charges and very high PPI premiums,

and high premiums on the other insurances and

interest charge on the as well.

Personally I would send Welcome SAR to get all the data

held on the account, this costs £10.00 which is a statutory fee,

they have 40 days to reply there is a template letter in the CAG

library.