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Help needed with letter to Welcome Please!!

wannabedebtfreesoon

By wannabedebtfreesoon,
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wannabedebtfreesoon

wannabedebtfreesoon

Posted
Posted

Hello all, please I'm begging for some assistance I've reached a standstill and I desperately need to get this sorted for the sake of my sanity!!

 

I want to get Welcome off my back once and for all, the thing is they have screwed up so many times I just don't know how to correctly word everything into a letter that will get some results.

 

I've had advice previously and reserached things substantially so I know what I want to say just can't seem to find the words!!

 

OK I'll just list all the issues and if anyone could articulate them for me I'd be extensively grateful!

 

 

  1. I took out first HP agreement for car finance in june 2006, this agreement was flawed and also involved mis selling of ppi
  2. financial hardship agreed in may 2007 to which their response was to put me further in debt by lending me more money! Irresponsible lending??
  3. Second agreement taken out in May 2007 as a modification to original, this agreement unenforceable also. PPI not included on this one but no rebate given
  4. Welcome refusing PPI refund as they state it was the broker who dealt with it so they are not responsible
  5. On receipt of SAR discovered evidence of secret comission paid regarding first agreement
  6. SAR found to be incomplete as no statement of any payments made from first taking out agreement until rewrite
  7. wrote to welcome asking for remainder of sar but they ignored me
  8. attempted reposession on several occasions
  9. NO Default issued
  10. NO termination notice issued
  11. credit file is still showing as x months in arrears, NO default registered, updated monthly by welcome
  12. 72 month agreement stated as 73 months on credit file
  13. balance due on statement different from balance due on credit file
  14. I have evidence from the recovery agent in the from of a letter stating that all statutory notices under sec 87 of cca had been served but they have not!
  15. Letter states that account has been terminated but credit file shows it as active and they are still processing my data

This has been going on for a year now and they never call or write, won't take court action but carry on trying to reposses my car.

 

I must have enough evidence to be able to get them off my back once and for all one way or another??

 

I would be extremely grateful for any help to get a letter drafted or anything else. I just can't cope any longer with the constant fear that one day my car might disappear. It is parked on my drive so I know they can't legally take it, but since when did the law apply to Welcome??

 

The last recovery agent said he would come and take the car off the drive with or without keys as he was a county court bailiff and trespass laws don't apply to him!! These are the kind of people Welcome employ to do their dirty work.

 

Please help.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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ozzywizard

ozzywizard

Posted
Posted

This company really is unbelievable.... I keep saying in my posts they should go to trial for crimes against humanity lol....

 

Have you paid more than a third off your loan and is it possible for you to post a copy of your agreement on this thread minus any personnel details using photo bucket etc . . .

 

 

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Dibbothe3rd

Dibbothe3rd

Posted
Posted

well they certainly cant take it without the correct default notices and if you have paid over 1/3 of the agreed payments then they will also need a court order.

 

get your agreement on here and any correspondence from welcome (delete personal details, account numbers and vehicle details) but leave the figures in.

 

the more info the guys on here see, the easier it is to help you.

 

 

Have you reclaimed the PPI yet?

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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Hello and thank you for your replies!

I tried reclaiming the ppi but they just kept passing the buck and then stopped answering my letters. I was going to go through the fsa but I know it is a lengthy process and I haven't heard of anyone actually getting their money back even when the fsa do rule in their favour! I will take this as far as it needs go but if primarily I can achieve a situation where the balance is written off and my credit file amended I will be satisfied enough.

 

I have posted my agreements on here before in previous threads so I know they are nonsense, even more so now with the clarification that the acceptance fee as a charge for credit is a no no. This is the reason I was so keen to get my statements from the first agreement so I could see where they'd magicked the figures from for the 2nd agreement, needless to say they won't supply anything.

 

It is a difficult one about whether I've paid a third or not. According to Welcome I haven't paid a third, (that was their defense for attempting repossesion), but according to the outstanding balance on my credit file I have paid over a third. I'm not sure now though how relevant this is considering they have terminated the agreement.

 

I have looked into dodgy DNs and their implications and it seems that if a company terminate an agreement without a valid DN they are not entitled to collect any outstanding amount. Even if they try to re issue a valid DN they cannot issue notices on a terminated agreement without first reinstating the agreement, but they would need the customer to agree to that first which is seriously unlikely to happen!!!

I would hope that NO default would count equally as a dodgy default and the same rules would apply??

 

They are already in breach of section 87 of the Act by not serving the correct notices in the first place.

 

I have also read elsewhere on CAG that the account can be considered terminated if I have any correspondance from the company stating that the account has been terminated. I do have this! Even though it looks like the account is still active.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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I will dig out the letters and post them up later,

Many thanks for all your interest and help x

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Dibbothe3rd

Dibbothe3rd

Posted
Posted

Well the PPI issue if definitely worth chasing up even if it takes months.

 

Hopefully Post and a few others will pop by and give you some better advice and point you in the right direction to take.

 

you seem fairly clued up, but are you willing to fight it through?

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wannabedebtfreesoon

wannabedebtfreesoon

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Posted
...am I right in thinking that it is against the law to state that you are a baliff if you are not?

hmmm...interesting! The thing is they are bailiffs but they weren't acting for the Court at that time, so I don't know:confused:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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Well the PPI issue if definitely worth chasing up even if it takes months.

 

Hopefully Post and a few others will pop by and give you some better advice and point you in the right direction to take.

 

you seem fairly clued up, but are you willing to fight it through?

 

I have absolutely no qualm with fighting them lol! We all know what they can and can't do according to the law, the problem I have is how to stop them continuing to do the things they can't do!

 

I understand my rights and where I stand I just need some help to take it further, this is where I am stuck :(

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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mark1arby

mark1arby

Posted
Posted

http://i605.photobucket.com/albums/tt133/suritaw/1stagreement.jpg

http://i605.photobucket.com/albums/tt133/suritaw/1stagreept2.jpg

http://i605.photobucket.com/albums/tt133/suritaw/2ndagreept1sarcopy.jpg

http://i605.photobucket.com/albums/tt133/suritaw/2ndagreept2sarcopy.jpg

http://i605.photobucket.com/albums/tt133/suritaw/repoletter.jpg

http://i605.photobucket.com/albums/tt133/suritaw/withoutprejudice.jpg

 

Hope this has worked!!! lol. Should save you some time? Hope you don`t mind.:cool:

 

Cheers, MARK

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wannabedebtfreesoon

wannabedebtfreesoon

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You're a gem thanks! There is another letter but I can't get my scanner to work so I'll prob just write it out; it basically says they are introducing their agent who has been instructed to collect the vehicle and all statutory notices have been served.

 

I really need to know where to go with this from here, if anyone can help me construct a letter or something I'd be really grateful.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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At the bottom of the letter it says 'We are the legal owners of the above vehicle and all statutory notices have been served under Section 87 (1) of the Consumer Credit Act 1974'

 

I have letters to prove they did not serve a default before they state they terminated the agreement. I know this means they can't collect any outstanding balance or repossess the car but how do I tell them that??!

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Dibbothe3rd

Dibbothe3rd

Posted
Posted

Send the **** a copy of those letters with a big fat "losers" from all of us at cag stamped across the top.

 

they have ballsed up and they prob dont know it, so take great joy from pointing it out to them and then enjoy watching them try to squirm out of it.

 

but hold fire till Post or someone else catches on your thread. Unfortunately I know bugger all about the legal side, but I like to wind em up if I can.

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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Ha ha! Thanks for that, I've made winding up these people a way of life lol!!

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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The recovery agents are at my door threatening to take the car off my drive, I've called the police.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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OK the police have sided with them and have allowed them to take the car off my drive without my permission!!!

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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mark1arby

mark1arby

Posted
Posted

Put this On The Legal Issues Forum!!!:cool:

 

The Police Are NOT there To Side With Them!!! They Have Acted IMHO Unlawfully Themselves.

 

They Obviously Didn`t Know What They Should Do in The Situation, And they Acted Incorrectly By Allowing Them to Take The Car Like That.

 

They Attended To Stop A Breach Of The Peace. They Should have Removed the Person Who Was Trespassing!!!

 

There Will Be Lot`s Of Help On The Legal Issues Area.:mad:

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wannabedebtfreesoon

wannabedebtfreesoon

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Thanks Mark, I was near exploding point myself!

I just couldn't believe they were letting this happen!

 

The officer was a total p***k! I am going to make a complaint about him personally anyway, his attitude was terrible; he began by arriving and immediately having a laugh and joke with the recovery driver then came to my door and asked me why I was causing so many problems!

 

I told him they had not followed the correct procedure as in issuing the correct notices and they were not legally allowed to remove the vehicle from my property without a court order and my permission, he just said "yes they can"!

 

He refused to listen to anything I had to say or look at any of my evidence and just kept saying "I don't care" and "I'm not interested"! I told him I knew my rights and I knew the laws and he said that he knew his job and it was legal!!

 

He even threatened to arrest me for theft because I wouldn't give the keys over!

 

Luckily my partner filmed the whole thing and got him on tape saying that he was happy to allow this to happen.

 

The driver said he'd spoken to welcome and if I paid my arrears I could keep the car! How exactly am I supposed to pay arrears on a terminated account??

 

I've made a complaint to the FOS and now I'm on the war path. There is no way I'm going to let them get away with this, I'm going after welcome, the police officer and the recovery agents. I'm not going to let them do this to anyone else! I want blood!!!

 

I got some paperwork off the driver, one is the usual crap letter about them being the legal owners and serving all the statutory notices, the other is more interesting it's got my details, the car details and a section about welcome's termination details i.e. date of NOD and date of termination which funnily enough are blank!

 

They left without the log book and keys, after I'd deadlocked it of course. As soon as he moved the car the alarm went off and so it continued all the way down the road!

 

If I don't succeed in getting my car returned I'm seriously considering attending the auction and buying it myself for a snip!

 

I'll post on the legal forum just now, thanks for your support I'll keep you posted!

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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mark1arby

mark1arby

Posted
Posted

What a Farce! LOL. Obviously the Officer (P***K) Doesn`t Know A Lot About His Job:rolleyes: He Needs The Error Of His Ways Pointing Out To Him, By The Cheif Constable After You Make your Complaint.

 

You Say This Was Filmed? That Is Brilliant!!! LOL. See If Your Local TV Is Interested In Showing It??? :lol:

 

What Chance Do People Have Of Standing Up For Their Rights When Even the Ones Who Should Know The Rules Don`t???:eek:

 

Have You Looked at the Legal Issues Site Yet? This Will Point You In The Direction of How To State Your Complaint About The Police And Their Actions In The Proper Way. Which is What Needs To Be Done!!!:mad:

 

I Will Do Some More Research My Self Into All Of This! Any Help I Can Give You Just Ask.

 

Winds Me UP!!!:mad:

 

Cheers, MARK

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wannabedebtfreesoon

wannabedebtfreesoon

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Thanks Mark, Just for a laugh I decided to give them ring! The ill informed man on the phone informed me that even though my agreement is terminated it is still active! I gave him the chance to bring my car back but he made the wrong choice lol!

 

He said the car had gone to auction now but I could still have it back if I paid the outstanding balance! Apparently a DN had been sent on the 16th of July. I asked him for a copy of it and advised him that I had made a complaint to the FOS and would now be commencing legal action, he had no explanation as to why it hadn't been registered on my credit file.

 

He also said a termination notice was sent on the 4th of August, now I do have a letter dated 4th of August but it has Without Prejudice written at the top of it, surely that can't be it?? Without Prejudice??! Nonsense!

 

I have posted on the Legal Issues forum but as yet no replies:(

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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Posted

Just to let you know, I've had some fantastic advice over on the Legal issues side and I am most certainly not going to let this one go!

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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wannabedebtfreesoon

wannabedebtfreesoon

Posted
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If you pop over to my other thread you'll see everything's in hand! lol! :D

http://www.consumeractiongroup.co.uk/forum/legal-issues/242261-car-repossessd-off-private.html

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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