welcome finance default...help

[colinq]

i had problems with a car and returned it to welcome so they terminated agreement and then i chose another vehicle with another new agreement then that car broke down after 2 months. the garage were not happy to repair and welcome couldnt be bothered to help me. i had a 6 month parts and labour warranty with car.

 

after no luck i returned car to welcome and parked it in there doorway so no one could get into there building and posted keys via royal mail...

 

they had to get car towed so they could get into office:grin:

 

anyway coz i voluntarily terminated my agreement welcome ahve defaulted me and trying to get cost of car back plus money lost due to having to re sale the vehicle. total £8k

 

can i get default taken off as i never got any info from welcome about this

[leanne82duke]

no advice i am afraid but i like your style!

[jackst01]

I think the best thing for you to do would be to scan a copy of your agreement so that we can look at it for you. Remember to erase all personal information. Oh and a copy of your default as a lot of these are invalid anyway!

[colinq]

i dont have a copy of agreement. i lost it during moving house. i asked welcome for a copy but they just not done it

 

i been trying to sort this now for 15 months

 

i thought maybe now they are going downhill i could get the default taken off

[jackst01]

Have you sent them this letter?

 

FORMAL NOTICE - ACCOUNT IN DISPUTE.

 

Date:

 

Ref:

 

Dear Sir/Madam

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

 

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 you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware sections 77/78 state:

 

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 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.

 

You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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.

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[ozzywizard]

Colin, you say you asked them for your agreement, did you send an oficial request under the CCA74 with the pound fee ?