Welscum Finance

[MICHFERGIE]

Welcome help

 

Can someone have a look at this agreement and tell me if they thinks its uneenforecable as I was told by the law society it is as its £20 difference to the garage invoice and wa signed by netcars in Manchester not when I signed it

 

This has been in dispute now since 2005

 

this is now at teh stage when the Ombudsman are now re-opening my case 2 years since i claimed for ppi and still have not got it

 

Thanks

WELSCOME.pdf

[djwigster]

Welcome help

 

Can someone have a look at this agreement and tell me if they thinks its uneenforecable as I was told by the law society it is as its £20 difference to the garage invoice and wa signed by netcars in Manchester not when I signed it

 

This has been in dispute now since 2005

 

this is now at teh stage when the Ombudsman are now re-opening my case 2 years since i claimed for ppi and still have not got it

 

Thanks

 

Not sure on the above. Can you post the garage invoice up for us to have a look at.

 

Just had a quick look at the CCA and the basic arithmatic on the form seems OK, even if the way it's laid out is very confusing.

 

Can somebody please run the figures through the APR calc to see if that is all OK?

[MICHFERGIE]

Will do on Monday as its on my drive I cannot access

The green stared bit was signed by Netcars Manchester not when i signed at the garage.

Thanks

[Et Contra Pacem Regis]

Firstly, what is the date of the agreement? - the rules changed somewhat on 31st May 2005. If it was signed after that date then there will be several non-fatal problems.

 

Secondly, it's hard to check the maths on this because they do not state the rate of interest, only the APR (which isn't at all the same thing).

 

Thirdly, I'll bet that that £195 acceptance fee has been treated as credit, which, pending the judgment of their lordships in the Court of Appeal, make it unenforceable.

[MICHFERGIE]

Re Welcome finance agreement the Finance was charged at 27.3% and the ppi charged at 24.7%

 

 

I have attached the garage invoice showing the £20 difference Welcome told me to contact the garage as its nothing to do with them and teh garage says to contact Welcome so just going around in circles

 

At the moment the ombudsman is looking into this for me as all these peopel want me to do is sign a new agreement the office in Hull where I have been paying my money to has been getting me to phone a mobile and I pay the money over the phone they reduced my balance in may to £2000 yet the compliance department say I still owe £3790 so haev a real battle do not know what to do al they want to do is take the car and sell it at auction? over my dead body

Just need some help

Edited October 26, 2009 by MICHFERGIE
personal details on

[MICHFERGIE]

Sorry I signed the agreement on the 2/01/05 and this is how long I have had this nightmare with these people

[djwigster]

You need to remove your personal details from those attachments.

[MICHFERGIE]

Hi can someone delete the files with my details on please bankfodder

Incorrect file was attached

 

New one minus details attached

Does anyone know of a good company ofering no win no fee for unenforceable contracts

 

Thanks

Garage.pdf

[MICHFERGIE]

Hi managed to remove the attachment new one atached minus the details

[MICHFERGIE]

Hi can anyone help me this is quite urgent with all the problems with welcome

[MICHFERGIE]

Bump No-one To Help Great""

[emmilou1]

Hi what was welcomes explanation for the £20 difference? or have you still not got a firm answer? I'm pretty sure if the total amount payable on the agreement is incorrect than this has serious implications...probably making it unenforcable.

Edited October 28, 2009 by emmilou1

[MICHFERGIE]

Thanks so much for the reply this is welcomes response

I note that the amount stated on the garage invoice is £6571.00 which is £20 less than on the amount of credit. I am unable to advise you on this issue and would like to refer you directly to the garage with this query.

 

So Like a lemon I phoned them and they said its not theire responsibility

 

Cannot afford a solicitor and not sure where to turn to

 

Thanks

[emmilou1]

Surely it's welcomes responsibility to ensure the amount on your agreement is correct??

 

What have the FOS said so far?

[MICHFERGIE]

Just in the process of telling them but they are dealing with the PPI issue but welcome are harping on about the amount I owe and they fail to understand that I have been dealing with Hull and paying them and they do not believe me that tehy have agreed to reduce the balance to £2000 so do not what to do at the moment

 

Thanks

[MICHFERGIE]

Can anyone help bump bump anyone out there""

 

Thank You

[emmilou1]

When they agreed to reduce the balance to £2000, did they put it in writing?

 

Have u stopped paying them?

[MICHFERGIE]

No but I have a text confirming they have reduced this balance to £2000 I

[MICHFERGIE]

I contacted the branch in Hull and they agreed if I started making payments to reduce the balance to half so i started paying them O then got a letetr from the ombudsman stating they were refunding £1200 plus a £500 cheque on the condition I sign a new agreement I said no so we are arguing over the PPI now I have a text from the office in Hull stating I owe £2000 so why would I sign a new agreement for £3780.

 

I have a official complaint going through now and hoepfully the ombudsman will help me, I am fed up of fighting these people they tell liars and will not listen

 

I want to take them to court and fight this but I cannot afford a solicitor and there is no win no fee help available

 

Thanks

[MICHFERGIE]

Sorry yes stopped paying them trying the ombudsman is trying to negotiate with them I have evern received a letter from Hull asking me to deal direct with them yet Nottingham want me to deal direct with them

They have not got a clue what they are doing been fighting this PPI refund for over 2 years and not seen a penny

[djwigster]

Hmmm, you have a few issues to tackle here by the looks of things.

 

If it was me, Id be pursuing the PPI through the ombudsman first, with the aim of getting the £1700 offered to you as a cheque for you to put into your bank (ie not just taken off your loan balance)...without signing a new agreement obviously.

 

If you manage this, you can then tackle the unenforceability issue and if necessary the fact they agreed to reduce the balance to £2000.

 

Best case scenario then is no loan and £1700 sitting in your bank.

 

With regards to the £20 discrepancy, Im not too sure on this one...in theory if any of the prescribed terms were wrong then this would make the agreement unenforcable, but knowing Welcome they would probably just say that they were given the wrong figures from the garage and therefore drew up an "accurate" agreement with the figures "they were given". IMO this would be tough luck for Welcome as they should check these things, but how a judge would see it is anyones guess.

[MICHFERGIE]

Thanks all I do want to sort these smug devils at Welscum out

[MICHFERGIE]

Hi I am at present dealing with the PPI dept Welcome will not pay me any refund they are adamant I have to sign a new agreement before refunding it to my account they refuse to give me a cheque and the ombudsman will not push them.

I have a letter from Hull asking me to sign the leter I sent to them asking them to deal with it and not Compliance but Compliance do not believe I have been dealing with Hull as they do not talk to each other

I am in a no win situation I feel with these idiots

 

Thanks

[emmilou1]

I think if you have arrears they are allowed to use the refund to pay these off then send the rest as a cheque. For instance, if you were £600 in arrears they would put £600 on your acccount to bring it up to date and send you the rest as cheque.

[MICHFERGIE]

Not made a payment for 16 months as this account was been disputed so they will not give me any money and I am not going to sign a new agreement for 3780 when I have text message stating my balance is £2000, Hull said I do not have to sign a new agreement I have a letter from them yet Nottingham say I have to sign a new agreement so not sure what is going on they are liars