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

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Ok so that letter refers to a defective default notice and tells you that the account is terminated im sure i read something about that on another thread give me 5mins.

 

Please bear in mind 'without prejudice' means the document cannot be used in court without the agreement of both you and welcome.

 

Ill be back in a few mins...


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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Have a read of this....start at page 38 you will get an idea about what the defective default and dodgy termination letter mean to you

 

Invalid Default Notices - The Consumer Forums


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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so they terminated my agreement over the defective default notice???

Should i call Welcome finance branch tommorow morning, how i been told this week in my mobile voicemail from WF branch manager,and ask them when they come uplift the car ??? heh

So then they be illegally take car from me over defective default notice no?

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If you contact them to collect the car you are giving your permission so it then makes the defective default irrelevant DO NOT RING THEM everything needs to be in writing for your protection....let me have a recap on that thread myself and ill be back in a few mins


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, thanks very much again...

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I read now the post u send me and there is mostly same situation like mine but there one member wrote he need send letter to WF for 'subject access request... Could i do this aswell and see what all socumetns they hold of me???

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you can send an SAR at any time for the cost of a £10 postal order...

 

there is a template letter ensure you dont sign it and send recorded as proof

 

as for the termination, can you confirm if you had any arrears at the time the default notice was served if so it appears that if you accept the termination (unlawful recission) you are only liable for the arrears not the total amount of the agreement as they state but by claiming for unlawful recission of contract what you would get in return would usually more than cover the arrears

 

*dont act on this until someone else backs me up to be certain what im saying is correct*


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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yes i was in arrears one monthly payment when i received default notice-04.12.2009 but there is total arrears about £570 so i called next day to WF branch and ask them what is it, for how long and manager said is for one month arrears + december payment!!! So they incluiding in default notice posted 03.12.2009 december payment which was due 31.12.2009!!!

So i paid total in december £220 and since thi payments i never made any more payments.

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in my opinion a claim for unlawful recission would more than cover that.....

 

ok my advice sit tight send an SAR if you so wish but let me get some further advice on this before I can say what to do for definite

 

everything I have said is only my opinion and im in no way legally trained everything I know has come from CAG and fellow CAGGERS

 

What I would say is not to enter into conversation with them as unfortunately verbal agreements mean nothing

 

If you need the template for SAR let me know and ill paste it here for you


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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yes ok, if you could paste me letter fo SAR and i start with this, so post this letter propably tomorrow... And where to post this letter and how send £10 please?

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You dont need to send any money with this one but if they are harrassing you by telephone may be a good idea to send alongside SAR, It can go in the same envelope but remember not to sign.....

 

send this recorded delievery

 

 

 

Your Street

Town

City

Postcode

 

 

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone callslink8.gif that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone callslink8.gif from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]


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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Subject access requestlink8.gif (dont forget the £10!!)

 

RE: ACCOUNT NUMBER: xxxxxxx

 

Data Protection Act 1998

 

Subject access requestlink8.gif

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal datalink8.gif and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,


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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Put both letters in the same envelope, you will need a postal order for £10 made out to Welcome Financial Services as payment for the SAR

The address to send to is:

 

Welcome Financial Services

Compliance

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

 


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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I already sent them telephone harasment letter few moths ago because they find somewhere else landline to my work and then they started phone 10times a day to my manager in work even if they been told by me and manager aswell im not working in office because im working on yard, idiots! So i sent them then telephone harrasment letter so they can contact me now only on mym mobile or by letter, my door...

So how i need send this £10 with SAR letter please and where, to main office or branch in my city?

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I would send the telephone letter again and have EVERYTHING in writing to protect yourself as they are likely to tell you anything over the phone but as its not in writing there is no proof of what was said. Details of address etc posted above


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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ahh and shall i signed the SAR letter or only print my name on end of letter???

I will post this tommorow morning.

So then i be there tommorow night again after 9.3pm so if you find any news what to do next ill be very glad and thanks for helps!

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Never sign anything!

 

No problem I'll see what I can find out.

 

They have 40 days to meet the SAR so dont panic if you dont get a reply from them immediately.

 

Maybe worth sending a CCA request also as that takes 14 days you would still need to send SAR though.


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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and can i send this in same envelope? U have CCA letter somewhere please?

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Re: Account Number: xxxxxxxxxxxx

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreements relating to the above accounts, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.


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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Yes all letters can go in the same envelope make sure you send recorded and if sending CCA and SAR you will need a £10 and a seperate £1 postal order


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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Sorry Beyond hun for butting in, your doing a great job :) . . If you dont mind can you change first line of CCA to read "This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974 .


I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Thanks Ozzy feel free to butt in anytime :) I keep forgetting to change this when copy and pasting from my thread - sorry mattes change the line that Ozzy said :)

 

P.s Ozzy why do you have a + next to your name?? I notice post gets one sometimes too and im nosey lol


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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Ozzy why do you have a + next to your name??

 

Its a guy thing Beyond :shock: . .


I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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hmmm :p


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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Hi postggj, how are you?

Did you done a letter for me please about Welcome Finance???

Thanks.

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