Welcome HP agreement - Claiming back charges etc

[dfitz24]

Hi all,

 

I've had an Hp agreement with Welcome since May 2007, the term of the agreement being 36months. I took the agreement out at Kent Car Finance.

 

Over the course of the agreement at various times I have run into difficulty meeting payments and due to this have incurred various charges for late payment, cancellation of DD, Visit fees, outgoing telephone calls, letters, default sum fee interest, HPDI fee & Capitalisation.

 

Firstly I was interested to know if anyone has been successful in reclaiming any charges from Welcome and which charges if any they were successful with?

 

I have recently questioned at my local branch as to the HPDI and Capitalisation fee's. My account manager needed to make a phone call in order to find out what they were (?!). I was then informed that they were supposedly the same thing and related to interest on default sums hence HPDI (Hire Purchase Default Interest). However looking at my last statement since about July 09 each month I was being charged both HPDI & capitalisation fee's (both the same amout every month) as well as 'Default Sum Fee Interest'. Am I being charged 3 times each month for the same thing??

 

As far as the rest of the account is concerned I have PPI which I actually requested to cancel originally in about Jan 2008 in order to reduce my monthly payments but as with others I was told that the only way to reduce my payments would be sign another agreement which luckily I declined. More recently I discussed cancelling the PPI again, to be told that all I needed to do was put it in writing and hand the letter to my branch. I hand wrote a letter in the branch and handed it to them. Heard nothing so when I went in to make my next payment a month later enquired about it. Was told to write another letter, apparently they had sent the first one but just in case it had been lost! 2 months later after enquiring several times I was told that the branch couldn't deal with it at all and I had to call direct to their head office. Cue unsuccessful non-answered phonecalls and then to be told they were in the middle of moving offices.

 

Another letter to head office which appears also to have been 'lost/ignored'. Really don't know where to go with it all now. Sorry for the long rant but have been watching these forums for a while now and thought it was finally time to get my backside in gear and see if anyone thought I had any options? Many thanks.

[beyondhope]

Sorry my understanding is limited but capitialisation is 'interest' for want of another name and should be at the rate shown on your agreement (someone correct me if im wrong please) I dont know about the others im afraid but there are a few threads here re: claiming back charges have a read through good luck im sure someone with more understanding will be along with some advice

[PGH7447]

Its called Welcomes creative accounting, you need to send in a request for any item that you think is dodgy, either they repay it or you want a full explanation of what it pertains to.

[dx100uk]

you can claim back ALL the charges + 8% int from the date of the charge to the date of your claim.

 

the same goes for the PPI.

 

dx

[dfitz24]

Whilst I'm here thought I'd post my agreement up if anyone could take a look at it, would be appreciated... Just like to be sure of exactly where i stand with all of this.

 

Pictures by doza25 - Photobucket

[dfitz24]

With regards to the charges, would I request a refund on the grounds that they are excessive?

[dx100uk]

no they are unlawful

 

dx

[dfitz24]

Just wondering, if anyone has the time if they could possibly take a look at my Welcome agreement (posted above). Not really sure about the figures etc so any guidance would be greatly appreciated as to whether it all looks ok.

 

Many thanks

[dfitz24]

Sending off my ppi reclaim letter first thing tomorrow morning so fingers crossed with that. I don't suppose anyon knows which sort of template I can use regarding reclaiming the other charges on my account? Not sure if one of the bamk charges templates will suffice or not?

[dx100uk]

same process as the ppi and dont forget the intererst as stated above.

inc a spreadsheet with every claim you put in.

 

dx

[dfitz24]

Just an update - Welcome have replied to my PPI reclaim with a questionnaire. I have already stated within my original letter the reasons I believe the PPI was mis-sold however none of these points are even touch on within their response / questionnaire. Anyone had a similar reponse? Any pointers appreciated!

[dx100uk]

stalling tactics

 

dx

[ozzywizard]

loads of us have had that questionaire, it is their standard response. what is your reason for claiming PPI and is it still on your agreement and have you had a rewtrite ?

[dfitz24]

When taking the HP out initially I did refuse all of their insurances. However I was infomed by the guy I was dealing with that it would probably be in my best interests to take out the PPI as it might be more 'difficult' to get the finance through without it.

 

The PPI is still on my agreement, have made a good few attempts to just cancel it. But as usual, letters have been lost, unanswered phone calls etc.

 

Fortunately I refused a rewrite - one of the times I attempted to cancel the PPI to reduce my payments I was told the only way to do it would be to re-write the agreement. Luckily I'd realised by then how bad this lot were so just stuck witth things as they were.

[ozzywizard]

it would probably be in my best interests to take out the PPI as it might be more 'difficult' to get the finance through without it

 

This is an absolute lie and can and will be reclaimed. to be honest you need to fill in the questionaire the same as I advised CityredGirl this morning with the following response. maybe change the answers for question 1 and 10 to suit your own circumstances.

 

....................................................

 

 

......................... ......................... ......................... ................

 

1) Why do you now believe PPI policy is now not suitable for your needs.

 

Please refer to page one question one as not enough space to write here.

2) at the time you bought the ppi were you in paid employment.

 

Please refer to question one page one as not relevent to my complaint.

 

3) has the nature of your employment changed since you bought the ppi.

 

Please refer to question one page one as not relevent to my complaint.

 

4) was your job secure, was their risk of losing your job.

 

Please refer to question one page one as not relevent to my complaint.

 

5) when you bought the policy were you in good health.

 

Please refer to question one page one as not relevent to my complaint.

 

6) how long would your income of lasted if you had lost your job.

 

Please refer to question one page one as not relevent to my complaint.

 

7) how long would your income of have continued if you had been unable to work due to accident or sickness.

 

Please refer to question one page one as not relevent to my complaint.

 

8 ) at the time you bought the police did you have anyone who was financially dependant on you.

 

Please refer to question one page one as not relevent to my complaint.

 

9) at the time you bought the policy did you have any other policy that protected your income in event of sickness or accident.

 

Please refer to question one page one as not relevent to my complaint.

 

10) any other comments to support your claim.

 

Please see page one question ten as not enough space to write here.

 

......................... ......................... ......................... .....

 

seperate letter.

 

 

Response to question one.

I was informed by your agent that my loan would not be accepted unless I took out the payment protection insurances. I have subsequently discovered that all insurances should be optional; I was NEVER given any option to take the loan without the insurances and was never provided with a comparative quote for the loans without the insurance premiums attached .

 

 

Response to question ten.

 

 

Quite simply we were never given the option of taking out the loan with no insurances attached, the insurances themselves were not explained and therefore were not sold following an accurate analysis of whether or not we required said cover and therefore were missold.

Therefore questions 2-9 on your questionnaire are not applicable to be answered, there was no investigation at the time of the loans as to these circumstances and the suitability of the cover and looking back in hindsight on these would only cloud current matters.

Put simply it is irrelevant as to whether or not policies may have benefited me as the option to take these out was never presented to me and I believe was forced on me and would like this resolving immediately.

Edited March 6, 2010 by ozzywizard
remove word.

[dfitz24]

Thought i'd better update this thread.. not been about for a while.

Firstly thank you Ozzy for your help, gave me a good idea of how to respond to their questionnaire.

 

Well since I sent their questionnaire back to them in April 2010 (1st class recorded) this is what has happened.... NOTHING!

 

I have had no response whatsoever, It has been impossible to contact them on the phone and my local office up until now don't / can't / won't do anything at all apart from take my money.

 

The manager of the local branch did however suggest a little while back that I send a very strongly worded letter to them (recorded) giving them a deadline to respond etc.. which suprised me as it's the first time in over 3years that they've been even in the slightest bit helpful! Even though it was the course of action already recommended here and that I had already intendedof course.

 

So on 14th June I sent my latest letter (recorded) outlining my complaint again, highlighting their own complaints procedure and the 8 weeks they say they hope to send a final response within. Stated it had been 17 weeks since I had had any kind of contact from them let alone a final response. I'd requested callback but never received them, I highlighted that I have NEVER been able to contact them by phone to find out whats going on, and gave them 14days to give me any kind of response.

 

Of course that 14 days has come and gone and I've heard nothing.

 

I've just called my local branch and told them all of this, informed them that I'm obviously not a particularly happy bunny and that I'm considering witholding any more payments until I at least get some kind of response. If and when they refund my PPI and charges my account will actually be pretty much clear so I'm not keen at all to pay any more to them especially seeing as they can't even be bothered to respoond to me.

 

The guy in my branch is now attempting to call them on my behalf apparently so I will hear back from him today or tomorrow.

 

I guess now I just wondering what my next step should be an if I am heading in the right direction with this? A little reassurance more than anything i suppose!

 

Any help appreciated!

[charger1]

dfitz,

 

Have all your letters been sent to this address??

 

Compliance Dept

Ruddington Fields Business Park

Mere Way

Ruddington

Nottingham

NG11 6NZ

 

or your local branch???

[dfitz24]

All letters have been sent to compliance. Established long ago that the branch weren't much use when they managed to lose letters that I handed directly to them...

[dfitz24]

Well as expected I had to chase them up again despite being told they'd get back to me. Apparently my complaint has been actioned and I should be getting a response within the next 10 working days....

 

The thing I'm thinking about now is that my payment is due on the 14th. Where do I stand if I decided that I'm not prepared to make anymore payments until I get some kind of response from them? Do I have grounds to dispute this account as it stands?

 

As I've said previously I'm pretty sure that once the ppi refund and any charges are refunded that will cover the balance of the account, so I will be done with them once and for all..

[dadofholly]

dfitz

 

have you issued welcome with a subject access request? and if so did they send any details about commission payments to the people who sold you the car? if so the agreement can be void -

 

If you have paid more than the capital balance you borrowed for the car you can claim that difference back.

[dfitz24]

dadofholly

 

I haven't asked them for an SAR yet. I did wonder about this whole commision thing that i've seen mentioned on quite a few threads.

 

On the very bottom of each page of my pre-contract agreement there is a bit stating - Non FSA Territory Tier 1 (Elite & P100) 01.12.06 - I know 'Elite' have been mentioned quite a bit on here so that made it stick out.

[dfitz24]

Ok, another update - and some good news at last!

 

I have today finally received a response from Welcome and it came in the form of a refund for my PPI.

 

Although the letter that I received today on 19/07/10 was dated 08/07/10 - and within the refund offer it states that I need to send the acceptance form back within 14 days! Posted to me second class of course! B******S to the last!

 

That now leaves me with a pretty small balance which will disappear if I can get all the fees / letter/ phonecalls etc refunded. In fact thats all that the remainder of the account is made up of.

 

Has anyone actually managed to get all of the fee's returned?

[TheCherry0121]

Dont suppose you have a draft letter for the ppi reclaim do you that i can use as guidance

[dfitz24]

Hi all. Thought I'd update.

 

After my PPI refund my branch resumed chasing the balance of the account - Approx £300. I informed them that I was looking into reclaiming the charges applied several times. After a couple of weeks I received a call from their complaints department regarding the charges. They informed me that they would look into it and get back to me.

 

A week later I've received confirmation that some of the charges (£235) will be refunded to my account! The fee's refunded were:

 

Unpaid direct debit fees

Telephone Call fees

Outside Call fees

 

Whether it helped or not I don't know but I did state to the customer complaints person that I thought the fee's were excessive and I was aware that the FSA had been fining financial institutions recently regarding their charges (mortgage companies).

 

This now leaves me with a pretty small balance on this account so as soon as the refund is applied I will be free of Welcome at last!

 

Hopefully goes to show that there is some hope out there as far as welcome and being able to reclaim their charges are concerned! Don't give up if your reclaiming!

 

Best Wishes all.