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


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Hi guys,

i have problem with recovery company which has to pick up my car.

I received text message on my mobile today, if can i contact the guy from recovery company about my car,as Welcome are going to report car as missing if not returned.

So i phoned him about 30mins ago, spoak with him, i told him car is kept on front of house so he can pick up the car any time, because im not using this car anymore. So he asked me where i leave a key for car for him, i told him im not give him key, because i never received any letter from WF about car will be recover by any another company. So he said he come tomorrow for key and will DRIVE car away!

So now after 20mins from phone call he send me text message to my mobile:

Please drop the car off @ the xxxxx Welcome office put the keys through the letter box thanks

This is copy of his message, what a crap, message received at 10:20 PM !!!

What do you think m8 please shall i do now?

Thanks very much for any help.:mad:

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I cant tell you what to do but if it was me I would totally ignore that text message there is no way I would act on a text message. You have told them where the car is etc I wouldnt deliver it. I would consider reporting to the police that a suspicious character is trying to collect my car and communicating via text when I have received no formal warning this is going to happen, I would at least write to welscum and inform them of the same. How you play things is totally up to you as you say you dont use the car anymore so it doesnt matter so much if they do come and collect it.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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This is what we have been advising pt but recovery company have been calling when mattes is out and are now resorting to text messages :rolleyes:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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lol ive just recovered over £47k for a client under that rule as the rate of interest was 40% and the agreement was cancelled by the lender by repo the car without court order

 

you can sue for interest over the term at the contractual rate compounded

 

Also id get acquainted with the case of Chartered Trust v Pritcher

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Oooo pt why dont have I someone like you wanting to work for me :lol:

 

Im in the same position as mattes well similar but they have already taken mine have prepared a first draft poc but not sure if ive done it correctly and after contacting 12 solicitors and being passed pillar to post without even giving any details ive given up and im going to have to do this myself!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Im not over 1/3 with my payments, but another problem is, which you can find in my thred here is, theres been added on top of car price GardX for £299 and they charged on this interest, im only about £300 to 1/3 of payments, so im not sure if is even my HP contract then right or no.

I put my account 3weeks ago into dispute, from since i never heard or received any letter from WF and i sent same time request about SAR request, which they never sent me before complete, so i requested again all documents they hold of me, so they sent me again all same paperworks, there was only added HP full statement (before NO), but they never sent me another documents i requested, which is car statement of price and car invoice!

So i dont know what to do next, i dont want the car, its parked on front of my house more then one week...

:confused:

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Hi,

my car was repo this afternoon by recovery company...

The guy left only some very bad copy of welcome finance letter authorizing recovery company uplifted the car because is possession of WF.

Can somebody help what is best to do next, i dont know if shall i go to court or no...

thanks.

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Ok as for gardx the best place to complain about that I think would be trading standards....

 

As for them taking the car, chances are they will now sell it at auction and write to you saying you are liable for the remainder of the agreement.

 

You have two options (in my opinion) fight this out with welcome or take them to court (either with a solicitor or by yourself) by doing this you would only be liable for the amount stated on the default notice rather than the whole amount of the agreement

 

This has to come down to how confident you are that you can win this

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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ok, so what will be better option, take them to court and find some solicitor 1st now and ask solicitor what will be best option to do?

 

 

If it was me (and im not telling you what to do just saying what I would do) I would forget the gx for now, the important point is they have unlawfully terminated your agreement and repossessed the car. What you can do about it is totally up to you. I would recommend a solicitor though if you are unsure how and why they have done it unlawfully. You can use this as a guide adding in your details to show a solicitor why you think its unlawful.

 

 

Before a creditor or owner in the position of WELCOME FINANCE can become entitled to use Section 88 and the Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (S/I No 1561) and (amendment ) Regulations 2006 WELCOME FINANCE must first serve a valid default notice. The Regulations are clearly set out in some detail, the form in which the notice must take, and what information a Default Notice must contain. In particular, Section 87 (1): The relevant parts of Section 87 (1), read as follows.

 

Section 87 (1):

"Service of a notice on the debtor or hirer in accordance with section 88 (a ´Default Notice') is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement, -

 

(a) To terminate the agreement, or

 

(b) To demand earlier payment of any sum, or

 

© To recover possession of any goods.

 

(d) To treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e) To enforce any security.

 

(Please take particular attention to © To recover possession of any goods).

 

I now return to the facts of the Default Notice.

On XXXXX WELCOME FINANCE sent a Default Notice to which WELCOME FINANCE contend complies with the provisions of the Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (S/I No 1561) and (Amendment) Regulations 2006 made there under. I do accept that in some respects the Default Notice complies with some of the statutory requirements, but I contend that the Default Notice has one critical flaw.

 

The Default Notice describes the action required to remedy the alleged breach of Agreement as "Pay the arrears of £XXXXX to us within 14 days. For the purpose of doubt I shall explain why the above Default Notice falls short of the provisions of the Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (S/I No 1561). On the 19th December 2006 the (Amendment) Regulations 2006 came into force and amended the time scale for a Default Notice to, “Not less than fourteen days”.

 

The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983[2] shall be amended as follows. In Schedule 2 in paragraphs 3©, 3(d) and 6 for the words "not less than seven days" substitute "not less than fourteen days".

 

With this evidence in hand I have come to the conclusion in relation to that one critical flaw, the Default Notice is non compliant.

 

The statute was plainly enacted to protect consumers. When a debtor is said to have broken the terms of an Agreement, the debtor needs to know precisely what is wrong and what is needed to put things right. The creditor has the ability and the resources to give that information with precision. If the creditor does not do so accurately then they cannot take "the next step".

 

What WELCOME FINANCE has done is that they have totally missed out on TWO vital points.

 

Point 1

 

The Interpretation Act 1978 Section 7 Practice Direction, Service of Documents - First and Second Class Mail.

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting. "Working days" are Monday to Friday, excluding any bank holiday.

 

8th March 1985*

J R BICKFORD SMITH Senior Master

Queen's Bench Division

 

Point 2

 

Under CPR 6.26 First class post (or other service which provides for delivery on the next business day) is deemed to be “served” The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day.

 

In a nutshell WELCOME FINANCE must allow for at least 2 days postage, 2 working days Monday to Friday, also allowing for any bank holidays. The Default Notice is dated XXXXXX and must be remedied within 14 days, what WELCOME FINANCE have not taken into account is that a Default Notice has to be Date Specified and to state “within 14 days” falls very short of the statutory requirement.

 

At this point WELCOME FINANCE had the opportunity to re-issue another Default Notice in compliance with the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2006, but WELCOME FINANCE did not. On the XXXXXX WELCOME FINANCE issued a Termination Notice, the Termination Notice did not simply imply WELCOME FINANCE could or would, not even we may, the Termination Notice clearly stated “YOUR HIRE PURCHASE ACCOUNT HAS NOW BEEN TERMINATED”. Upon receipt of this Termination Notice it is perfectly obvious that WELCOME FINANCE had in fact relieved BOTH parties from the performance of the Agreement and all the terms and conditions with in it.

 

I am in no doubt that WELCOME FINANCE are totally aware that a Default Notice must adhere to the prescribed regulations for the manner in which a Default Notice is set out and the information that a Default Notice must contain. In particular and of utmost importance a Default Notice must give a debtor an opportunity to remedy any alleged breach and give a debtor “Not less than fourteen days” from the date of service and not 14 days from the date of author in which a Debtor must do so.

 

The Consumer Credit Act gives a creditor no room for error and demands that with the financial and legal knowledge at their disposal, they should be very able to get all their documentation right or suffer the consequences.

 

The consequences of WELCOME FINANCE actions are as quoted in case law an Unlawful Rescission of Contract see (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255). Thus having unlawfully rescinded the agreement by failing to comply with the requirements of the consumer credit act WELCOME FINANCE have also lost all benefits of section 87 (1): (a) To terminate the agreement, or (b) To demand earlier payment of any sum, or © To recover possession of any goods (d) To treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e) To enforce any security.

 

(Please take particular attention to © To recover possession of any goods).

 

WELCOME FINANCE should also be made aware that having unlawfully rescinded the agreement by failing to comply with the requirements of the consumer credit act, would not only prevent the court from enforcing any debt outstanding, A Debtor would also have a right to counter claim for any damages see( Kpohraror v Woolwich Building Society [1996] 4 All ER 119).

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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ok so i try find some solicitor and discuss all 1st with them and then try go to court.

Btw. man from recovery company left me only very bad fax copy of letter from WF about authorisation collect the car. But on letter is no any info who is authorised collect the car and another think is recovery company not uplifted the car but drove away from my house without road tax...

Hows yours way with WF Beyond? Any good news?

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I was left with the same thing.

I was told they are not to drive the car and ours was driven to the corner of the road to get the car onto the lorry as my street is small. I was assured the car wouldnt be driven.

I would inform DVLA that the car is no longer in your possession as otherwise you will be liable for it being driven with no tax.

I would defo contact a solicitor with regard to what I posted above.

 

As for mine im still being ignored/fobbed off so my claim form is being submitted on Thursday 8th April :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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  • 1 month later...

Hi guys, back again after some busy time...

Since WF repo the car, i never received any letter or phone call from them...

My account is still in dispute, since i sent letter to WF about account in dispute, about 2months ago no any respond to my letter...

Please can somebody help me what is best to do, if go to court or find lawyer and claim all money back from them???

PLEASE HELP :(

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  • 3 weeks later...

Hi guys,

so after 2months from repo i received today 1st letter from WF branch:

You have a debt of £5254.91 due to Welcome Finance

 

They giving me offer: if i pay just 50% of what i owe in the next 21 days then this debt will be paid in full...

 

Can somebody help what i should do next please guys???

I dont know if pay this £2627.46 or go see solicitor and go to coutr with WF...

Thanks.:(

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Hi guys,

so after 2months from repo i received today 1st letter from WF branch:

You have a debt of £5254.91 due to Welcome Finance

 

They giving me offer: if i pay just 50% of what i owe in the next 21 days then this debt will be paid in full...

 

Can somebody help what i should do next please guys???

I dont know if pay this £2627.46 or go see solicitor and go to coutr with WF...

Thanks.:(

 

well well well looks like they really did have one great big car sale! I had the same letter obviously with different balance though! what you want to do is totally up to you, if you arent sure i would definately get legal advice

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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Hey Beyond,

sorry but what do you mean they really did have one great big car sale???

Im confused how they calculated i have still debt £5254.91, they never even inform me for how much they sold the car...

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Hey Beyond,

sorry but what do you mean they really did have one great big car sale???

Im confused how they calculated i have still debt £5254.91, they never even inform me for how much they sold the car...

 

They 'lifted' alot of cars in the space of a few weeks, no one heard anything and now everyone seems to be getting the same letter. I wasnt informed of what the car was sold for either.

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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My case is very different to yours but ive been battling with welcome for some months now, Im at the point where Im starting to believe that a solictor is the only way to beat these people. they are getting away with everything they do even the FOS dont give a dam. I hope you get some good advice soon.

As always please check and double check what myself and other Caggers inform.

 

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Hi,

i dont know really m8, i think i need go see solicitor and try sorted all paper works...

Its too much for me now and i dont know what isbest to do next...

 

 

I think this would be your best course of action get some legal advice!

come back and update us all :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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