WELCOME CAR FINANCE - TERMINATED HP, please help!!!

[mattes1]

ok, so its big plus for me if i will go to court?

I hope they come soon repo my car and then we can start something else...

And yes car was purchased from Welcome show room in Edinburgh.

[mattes1]

ahh Post and if they uplift car, have i sign any documents to them or refuse sign anything?Sorry for all this questions, only want be sure do everything alright...

[postggj]

Ask For A Receipt

 

Dont Give Them The Keys

[mattes1]

ok and if they will wanted sign something, shall i refuse it?

What will be happend after they repo car Post?

[postggj]

you Sign Nothing

 

The Car Will Be Taken To Auction

 

As Soon As They Have Repo The Car, Welcome Will Have Unlawfully Terminated The Agreement

 

We Hit Them With A 14 Day Letter Before Action

[mattes1]

ok, whats will happend with V5 document, i need give them this when they uplifted car or shall i keep it and after they repo car send V5 to DVLA???

I feel like stupid but i want to be sure im doing right things Post

[pt2537]

ok, just some helpful pointers

 

If you have paid more than one third of the total amount payable

 

and the company recovers the car from you without a court order

 

then s90 and 91 CCA come into play

 

 

 

of course, handing the keys over does not itself give "informed consent" as to the repossession of the vehicle, See Chartered Trust vs Pritcher

[beyondhope]

Hi PT what if you havent paid 1/3? and they come to repossess?

[pt2537]

then no court order is needed

[beyondhope]

This was my understanding also thank you for clarification Im just trying to work out what is best to do on my own HP problem as I havent paid 1/3 and im waiting for them to knock the door anyday is there anything specific they must send before a repo?

[humbleman]

This was my understanding also thank you for clarification Im just trying to work out what is best to do on my own HP problem as I havent paid 1/3 and im waiting for them to knock the door anyday is there anything specific they must send before a repo?

 

have they served you a default

[beyondhope]

I have had a defective default and a termination off that I have accepted termination and they wrote saying they didnt know what I was talking about as it isnt unlawful they have served a default - Ill stop hopping onto mattes thread if you get 5mins could you take a quick look at my thread

 

Help with Welcome Finance - Page 18 - The Consumer Forums

 

Thanks

[mattes1]

Hi guys, still not received CCA request...

Tommorow is last day for them!

What action can i start if im not receive CCA tommorow?

Thanks.

[beyondhope]

If it doesnt arrive tomorrow you can send this letter

 

DELETED SO NO ONE ELSE COPIES IT

Edited February 22, 2010 by beyondhope

[pt2537]

If it doesnt arrive tomorrow you can send this letter

 

send this letter.

 

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

DO NOT IGNORE THIS LETTER - LITIGATION ADVICE

 

Thank you for your letter of xx/xx/xx , the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This period has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

 

Therefore this account has become unenforceable at law.

 

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

You may not add further interest or any charges to the account.

You may not pass the account to a third party.

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Print name do not sign & Edit to suit and send recorded delivery!

that letter is out of date in light of Carey v HSBC Bank and you will make yourself look somewhat silly sending that

[beyondhope]

my fault for stealing from another thread dont send that one mattes ill get the other one now sorry thanks for correcting me

[mattes1]

Alright Beyond im waiting, they have still time till tommorow night

[beyondhope]

This is the one I sent that was taken from this forum:

Welcome Financial Services

Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

 

Dear Sir/Madam

 

Account In Dispute

 

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On DATE I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on DATE.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

[beyondhope]

Im afraid I dont know enough about the third thing Mattes all I know is if you havent paid 1/3 they can repossess without a court order. Sorry I cant be of more help im sure someone will come along with some advice

[mattes1]

Yeah i know, but problem is i think im only about £200 from a third and if will be GardX take off from my agreement, then i be defo over third you know.

So now i have problem how to sorted this GArdX sh**...

[mattes1]

And Beyond or anybody know how can i check if WF cashed postal order for CCA request, is it any online system on royalmail website or phone number???

[beyondhope]

I think post was dealing with the agreement wasnt he? I cant offer any advice on that as im clueless lol

 

there is a postal order checking service you can call im trying to find the number it was on a previous thread but I have no idea which one!

[mattes1]

alright, i try find some number on post office websites...

I will check tommorow if WF cashed the £1 postal order for CCA, if yes then they know about my request and they dont want respond...

[ozzywizard]

checking service is 01246542091

[mattes1]

thanks very much Ozzy, i phone them at morning and will see if WF cashed money for sar only or cca aswell...