Jump to content
  • Tweets

  • Posts

    • If the windows had already been made and were ready to install, he would surely have offered to do it without further delay.   Instead of arguing the toss with you, why is he not trying to sort a day to install and rescue the situation.   Despite the good reviews for the company, I'm not impressed but see what Bankfodder suggests.
    • Thanks DX, I've read these a few times over. I'm feel like I'm pretty confident on the subject.   Do you think I should play dumb and quote the law of property act etc anyway?   The only thing I'm not sure about is the process now, I'm obviously very inexperienced in this and I'm not 100% sure what the sherrifs order is asking of me (post #53). Or maybe I don't need to do anything at all because I'm not submitting any documents as evidence?   The order is post #53 and I'm not sure what they mean by written submissions? is there a form or correct format/process for doing this?   Again, appreciate the help DX and sorry for all the Qs.  
    • Hmm, that is a challenge, my computer ability is limited to copy and paste, which I have included below. Is it very important? I can try and find out but I have the email reply and that is all, sorry   Friday, October 23, 2020 5:28:53 PM To: enquiries@idealwindowsolutions.co.uk <enquiries@idealwindowsolutions.co.uk> Subject: Order cancellation RF14127D   Dear Ideal Window Solutions,   On the 11 of June I signed a contract with you to deliver and install double glazed windows. I was promised to get it done within 8 weeks. The timing was very important to me, I made it very clear to you, and this was the main reason I chose your company. For all kind of reasons your promises did not materialised. After a number of phone calls and emails between us I have decided to cancel my contract with you. I am not prepared to wait any longer, also I have no intentions to install windows during rainy winter time.  Could you be so kind to refund me my deposit of £100 pounds. If after winter time you will get your problems with your suppliers solved please give me a call, maybe we can try again. I will need  new windows anyway. Kind regards,
    • An update - The salesman who has dealt with most of this is off on Mondays which never helps and the senior service person there who I spoke to last week is also off all week.   I got a call from a service advisor today confirming the booking but was concerned I was waiting - explained (again) the story and he understood but on his job card, only had that he had to investigate the tyres and not necessarily replace.  Someone either is not communicating or I've been told lies.  I have gone through the recording and the salesman clearly states he has gone to upper management, discussed it and we will be replacing the tyres and battery to sort everything out.   Sat nav will be resolved tomorrow and they'll be looking at the broken sun visor.  I have also emailed regarding the gearbox service - I have a good friend working at Audi servicing at another group and he had mentioned Audi should be carrying out servicing if due within 4 months or so and this was.  I raised it pre-collection a number of times and was shutdown each time with "if a service needs to be done, it will be done"   Fast forward to today when I got the job card to sign in advance, it clearly states: Date: 20/10/2020 (our pickup day) Carried out MPC & oil service Haldex Reqs gear oil service.   The Gearbox service is due at 38k and the car was sold at 35500 well within the 4k which is probably why their own systems have flagged it. Haldex I'm not sure - this seems to be every 20k I think so due in 4.5k.  Oil service I can't see how they did it as the service history we got from them (verified by another dealer) was from September.   Lets see what they say tomorrow - I have flagged it with the service advisor from today but got no response.   Ironically, the friend did mention they've had other POA buyers book their car in elsewhere only to be told various handover bits were not done - I thought it was typical dealer rivalry talk but maybe there is truth in it.  
    • The Garde Bridge Project which never took off lost £43 million of public money.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Urgent - Court Action Threatened by Welcome Finance


Please note that this topic has not had any new posts for the last 3938 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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
Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites
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.

Link to post
Share on other sites

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
Personal information shown
Link to post
Share on other sites

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!

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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
Link to post
Share on other sites

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...