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Urgent - Court Action Threatened by Welcome Finance


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Urgent help required.

My sister has a car agreement with Welcome Finance. They sold her husband a PPI despite the fact that he has suffered from mental illness in the past, and is also a diabetic. Following the usual practice of mis-selling the PPI claims, they have requested a copy of the CCA from WF. In actualy fact, they have requested the documents on four seperate occasions first starting in October! To date, we have not received any documentation to this affect.

However, today, my sister received a Court Order on the car (it is in both their names). She is terrified that they may be taking the car off them naturally. My understanding of the situation, through what I've read on the website, is that they cannot do this, as, until the CCA is received, the debt is unenforceable? Can anyone confirm this or have I got it completely wrong?

Any advice on the matter is greatly received.

 

Laitty

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has the account been put into dispute?

 

Dont worry others will be around to help.

 

what does the court order say?

 

b-o-2

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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Yes - the account has been put into dispute on the 23rd October when we originally asked for the CCA.

 

The Court Order says that we have a hearing on 29th Jan.

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laitty

 

ill be back in an hour to help on this

 

has the order got a court seal

 

what does it say on the order

 

thats the perticulars of claim

 

was the cca request sent recorded delievery

 

did welcome send an acknowledgement letter

 

no cca

no enforceable debt

 

you are correct

 

how long is the agreement over

how long is left

 

did welcome send a default notice

 

 

welcome getting a court order for a repo

 

thats got to be a first

Edited by postggj
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Like post has said...welcome going for a repo that has to be a first!!!

 

your in good hands with Post,

 

i will try to assist where i can

b-o-2

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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Hi

 

I don't have the Court Order on me now as my sister has taken it away with her. I've given her a letter to send to Welcome's solicitors (coincidentally at the same address as Welcome!) indicating that since the account is in dispute (by virtue of their failure to send the CCA) that they cannot launch legal proceedings.

 

The Counrt Order did have a seal and basically says that they are applying for a reposession due to amounts owed on the car (including amounts accrued after the CCA was requested (additional charges and court costs). The original letter was sent to Welcome by Registered post but no, no acknowledgement was received, and nothing from our other letters to them (except to the doorstep knocker who was told to make an appointment in future).

The agreement started in 2005 I believe and in theory, only a year or so is left, but this will now increase due to amounts owed.

 

Hope that helps a little bit more.

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Whoops - sorry. Its not Welcome Finanace (dealing with them on another problem. It's Black Horse Finance, and the solicitors are SCM.

 

Apologies for the error - I had a panicked phonecall early this morning which panicked me!

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Yes, they did get a default notice - but only on December 17th. That arrived the 23rd, and the Court Order was dated 23rd December. I have asked them for the receipt and proof from the original cca receipt.

 

I'm afraid that letter might have gone though as I gave it to her early this morning to send registered post to the solicitors.

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Urgent help required.

My sister has a car agreement with Welcome Finance. They sold her husband a PPI despite the fact that he has suffered from mental illness in the past, and is also a diabetic. Following the usual practice of mis-selling the PPI claims, they have requested a copy of the CCA from WF. In actualy fact, they have requested the documents on four seperate occasions first starting in October! To date, we have not received any documentation to this affect.

However, today, my sister received a Court Order on the car (it is in both their names). She is terrified that they may be taking the car off them naturally. My understanding of the situation, through what I've read on the website, is that they cannot do this, as, until the CCA is received, the debt is unenforceable? Can anyone confirm this or have I got it completely wrong?

Any advice on the matter is greatly received.

 

Laitty

Did you send them the £1 required for them to be legally bound to either honour the request or let you know they could not comply with your request.If not then they are under no obligation to even acknowledge your letter.

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Hi

 

The default notice is now online at

 

 

AFAIK the £1 postal order was sent with our first request, but you'll have to excuse me if that's incorrect as I do not have the file of correspondence with me (my sister has that). Certainly, the copy of our letter to them requesting the CCA states that a pound is enclosed so hopefully, it was!

 

Thanks again for everyone's help in this matter.

Edited by Laitty
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Right - she's finally got in touch with me (you'd think she'd be keen to get this sorted ASAP but think I'm banging my head against a brick wall!).

 

The originaly letter that was sent to the DCA dealing with it was sent by registered post. That was returned to us as the DCA stated they were no longer dealing with it. Only after asking Black Horse in November 23rd did we find out they were now handling the account again.

 

When they replied that they were, we sent them a CCA request on 16th December to their Cardiff offices. The Default notice was issued on the 17th December. Given that we did not get informed that they were now handling the account until well after the 23rd Nov (I think it was dated 9th December but do not have file to hand), it seems harsh to issue a default notice when we were not informed whom to pay any money too. Unfortunately though, despite my instructions, it seems she did not send these letters by registered post (probably because they could not afford too as they are having major financial problems).

 

That CCA request went out on 23rd December, (again probably not registered), and the subsequent letter to the solicitors on date of the OP was sent Registered (at least, again, that was my instruction to them).

 

On the upside, I have at least got rid of one debtor who had been collecting from them every month despite not having any paperwork!

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The originaly letter that was sent to the DCA dealing with it was sent by registered post. That was returned to us as the DCA stated they were no longer dealing with it.

 

this is important

getting any default notice revoked depends on your answer

 

do you still have a recorded/registered receipt for the cca request sent to the dca and who was the dca

 

do you still have that letter from the dca

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Ok - I can now confirm that the first letter, to the DCA, was sent by Registered Post. I have the receipt number and it was delivered on 28th October. The letter informing us of the change back to BlackHorse is still retained by my sister - they also returned the £1 postal order as well.

 

The DCA was a company called Credit Style Limited with an address in Sheffield, and the response was from them.

 

Also, my sister has noted that Credit Style Limited were taking 75p off every payment made to them (and she was prompt at paying them when they asked) before it was sent on to Black Horse. However, the payment was delayed by Credit Style to Black Horse (so she tells me as I haven't actually seen this yet), which envoked a 'late-payment' fee on the account from Black Horse. CSL had said to not worry about the charges as they will be written off when the agreement is over - not surprising when they were the cause of the charges themselves! If there is proof that this is happening (and though I trust my sister I like to see everything in writing first) is there anything that can be done about this?

 

Once again, I really appreciate your time on this matter.

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give me an hour

 

we can see about getting this default removed

 

 

how many payments were made to credit style and no

 

they are not allowed to charge 75 p collection

 

cheeky sods

 

we will get that back with interest

Edited by postggj
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Ok - we have an update following our letter sent to the solicitors after Christmas.

 

We have now received their witness statement which goes:

 

1 - I, (name left out) of Finance House, Orchard Brae, Edinburgh do hereby state as follows.

2 - I am a Legal Recoveries Controller in the firm of SCM Solicitors, Solicitors for the Claimant, and subject to the supervision of my principals, I have the conduct of this action on behalf of the Claimant.

3 - At the time of making this statement the Claiman'ts records show that the outstanding balance is £4,255.16

4 - I refer to the exhibits marked as follows:

EX1 - A true copy of the agreement referred to in the Particulars of Claim

EX2 - A true copy of the Notice(s) of Default which were served upon the Defendent by 2nd class post.

EX3 - A true copy of the Termination Notice which was serve upon the Defendent by 2ndclass post

5 - The order requested at the hearing is that shown in paragraphs A, B, and C of the Particulars of Claim. However, the Claimant will accept a return of goods order suspended upon payment of the outstanding balance set out in paragrah 3 of this statement, payable by not less that the contractual instalment of £170.80 plus a sufficient monthly contribution to clear the arrears. Iwould also request that the court award the Claimant the fixed costs of this action of £290.

 

Some points that I've thought off:

a) the Solicitors address is in Barnet, but this lady appears tocome from an office in Edinburgh - I take it that this is not a problem.

b) As previously noted, we argue that the outstanding amount is incorrect. The DCA agency was intentionally holding payments back to incur a charge (plus taking 75p off each transaction). I'v asked my sister to prove this. Clearly, if the amount is in dispute then questions need to be asked.

c) We have only just received the CCA as part of this piece of correspondence from them despite requests stretching back to October. Legally they cannot do any of this whilst the account is in dispute can they?

d) My understanding is that they will go back to accepting monthly instalments with an additionl figure to cover the alleged arrears and the court costs which point C would suggest was taken out illegally anyway.

 

My final point is that I was asked to look at this because my sister wants to reclaim the PPI on the car. It was taken out despite her husbands mental illness and diabetes as they were told they had to take it out or they wouldn't get the finance. They were not given any other options - and I believe he's work insurance would have covered any problem at the time anyway. If this goes to court, would we still be able to reclaim the PPI?

 

I know there's a lot of info here, and if you could answer just one of the above points then that would be absolutely fantastic as I really, really appreciate the time and effort that you guys are putting in here.

 

Regards & TIA

Laitty

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