Me & Welcome Finance

[anusca]

I have a car on hire purchase from Welcome Finance (bad choice I know but only choice available at the time)

 

got into a bit of trouble with them last year and they issued a default (according to my credit file) in February.

 

Since then have come to a different arrangement with them and paid approx 130 a month.

 

I paid two weeks late in October, but then paid 300 at which point they again sent me a default notice (???- who knew the same company could

put a default on top of a default for the same loan).

 

have been paying 140 since then per month to keep on top of things.

 

Was going to be late in paying in January so let them know when they called I wouldn't be able t meet the payment all in one go that month.

 

Heard absolutely nothing back until this morning when a man turned up at 8.45 to collect the car.

 

told him I wouldn't give him the keys as I believe I am over the 1/3 payment that means they need a court order to take the car

and also because this was the first I've heard of it.

 

After much much discussion, and many phone calls to welcome (I couldn't get through, the collector had a private mobile number)

and with the threat of calling the police to come and collect the car, the collecter told me that I wouldn't have to give the car up today.

 

Now, what should I do?

Surely they can't take the car without informing me first that they're going to.

I've had no termination of contract letter, no notice of repossession, nothing.

 

i really want to do everything by the book as Welcome are so rubbish and never send letters etc.

They kept trying to tell me today that they had sent a letter and that they didn't need to prove they had sent it,

I needed to prove they hadn't. How can I possibly prove I didn't receive a letter???

 

I can start doing something about this tomorrow, am just wondering what my next move should be.

I'm not trying to get out of paying, just want to keep the car.

 

Any help greatly appreciated.

[MARTIN3030]

Welcome to the site.

I think maybe an idea to post this in the Welcome forums-I will move there now and re-title

[ozzywizard]

Anusca, first off welcome to the forum you are in the right place even though some of us are a lil mad !!! . . .

 

Seems like your on top of things and know what you are doing in the sense of sticking up for yourself so this is a good start now its time to get the law on your side with a little help from us here.

 

Im probably not the best person when it comes to car reposessions but I will try to help and others can jump in and advise further.

 

1) If you have paid over a third of the car they need a court order.

2) Do not repeat do not give them the keys or they will claim voluntery termination, if they upload the car then this is called unlawfull termination were we can take them to court for possible recovery of everything you paid to welcome, keep the car and 8% interest.

3) Do you have a copy of your agreement you can post up here for us, how long you had loan and were did you sign agreement.

4) If they take car get receipt.

5) Can yu post up for us the most recent default notice, i bet it doesnt have a numerical ddate to be paid by, it will only say 14 days .

6) Does your agreement have gardx on it ?

7) Do you have your statement of pricve yet ?

8) have you requested your CCA or SAR yet ?

 

Sorry for all the questions but based on your answers depends what route to take.

 

if your bored waiting for an answer read this thread.

8)

[anusca]

hi, thanks for your help.

I don't have a copy of the agreement as I have recently moved house and it has dissapeared somewhere.

 

I will do my utmost to dig it out.

 

I started the agreement at the end of Novemeber 06 but really need to find out exactly how much I have paid.

 

What is the best way to go about this?

 

I have all the statements from my most recent bank account,

but previous to that I was with a different bank and only had online statements which stupidly I can no longer access.

 

So, what should I do in terms of trying to figure out exactly how much I've paid?

[anusca]

also, what is a subject of privce?

[ozzywizard]

To find how much you have paid send them the below letter named sar, this is a request for everything they have on you from database notes to statements to agreements phone call logs, requested under the data protection act.

For your agreement send the CCA request and they got 14 working days to send your agreement or it is in dispute.

 

Subject Access Request

 

WELCOME FINANCIAL SERVICE

COMPLIANCE

RUDDINGTON FIELD BUSINESS PARK

RUDDINGTON

NOTTINGHAM

NG11 6NZ

 

REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIEVERY

 

Never sign but print signature.

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

 

 

Data Protection Act 1998

 

 

Subject Access Request

 

 

 

 

Dear Sir/Madam

 

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

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.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

 

CCA

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974.. I require you to provide me with a true copy of the credit agreement relating to the above account, 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.

 

Yours faithfully

 

 

print your name (not sign) and enclose a one pound postal order, send it to head office (RECORDED DELIVERY) at :

 

Welcome financial services

Compliance Department

Ruddington fields business park

Ruddington

Nottingham

NG11 6NZ

[ozzywizard]

also, what is a subject of privce?

 

hahaha sorry this is a mistype, meant to say subject of price, it should be sent with your reply to the SAR.

[anusca]

Thanks so much for this. It will be sent straight away. What shall I do in the meantime? I had a phone call from the welcome finance branch manager whilst I was out, should I call him back and if so what should I say?

[sillygirl1]

Dont call him back, they are desperate for money and 'property' at the moment. He does not deserve a phone call after the hassle you had this morning. If he does get to speak to you tell him "Everything in writing" and do not agree to anything on the phone. They will try to get you to realign your debt.

 

What you also need to do is report their attempted uplift of your car as attempted theft to the local police, they need to know that they are operating an illegal operation in your area, ask to be put through to the moneylending specialist force and get their assistance... Welcome are after all a moneylender.

[anusca]

ok thanks for this. So what happens if I have paid less than 1/3 of the total ( If I have it will be by pennies, but still) do I have a leg to stand on?

[anusca]

ok, so have just had phone call from them and he is saying that the collector has been told he can come back and collect the car or I can arrange to drop it off. Alternatively, if I can make a sizeable dent into my arrears then he may be able to sort something out for me. Where do I go from here?

[anusca]

anyone?

[Major Player]

Hi Anusca, just a point really, I know it can be worrying but just remember the WFS manager is now on count down for his monthly target, the last week of the month is where they tend to try their dirty tricks as its where they will be feeling the most pressure.

 

They should have given you notice of repossession, probably sent it to your old address if you have moved as they are numpties like that. If you didn't get this then write to the complaince department address provided by Ozzy and let them know that they have not followed the correct legal process.

 

If you want to make a payment to them then this will make them look even worse further down the line but only pay what you can afford and what was agreed before don't get bullied into the full arrears. I would see if you can pay using their online system so there is no need for conversations at all but if you did want to talk to someone, call compliance, complain about the branch manager and say you only want a regional manager or above to deal with your complaint and respond to it in writing only.

 

Don't hand over the keys or drop off the car if you want to keep it. People will assist you on here but don't let their bullyboy tactics work!

[beyondhope]

Sorry to jump on but is a notice of repossession needed? Will a termination that is without prejudice stating repossession without further notice suffice? (working on under 1/3) Have a nosey at my thread if you think you can help

Help with Welcome Finance - Page 18 - The Consumer Forums

[postggj]

hi beyond

ime just about finished with your claim

[postggj]

ozzy has this thread under control

any probs just shout

[beyondhope]

Thanks post only questioning as I like to be clear on what they can and cant do before they knock the door and I know you are up to your neck in it with letters and my claim already

[ozzywizard]

ok, so have just had phone call from them and he is saying that the collector has been told he can come back and collect the car or I can arrange to drop it off. Alternatively, if I can make a sizeable dent into my arrears then he may be able to sort something out for me. Where do I go from here?

 

Do not panic and do not be scared, if you feel threatened then call the police. Do not give the keys over ....

 

It is up to you what direction you wish to take with this, first you must send off the CCA. do you want to keep the car and make a payment arrangement that is affordable or do you want to let them take it and claim everything back ?

[anusca]

hi everyone thanks for all the advice so far.

 

The letters have been sent off this morning.

 

In the meantime however, I have been told that unless I can pay one thousand pounds by saturday morning

then they are going to take the car.

 

The collector even left a message on my phone telling me he would be coming to pick it up tomorrow morning

and did I have any preference as to a time!

 

Now, what should I do as I still have to wait the allotted 14 days for them to reply but in the meantime

they keep on saying they will lift the car or get the police round to come and collect it.

 

Am desperately trying to get all this money together but simply cannot find a way to get so much money together in so little time!

[ozzywizard]

Anusca, I know it is easier said than done but dont allow them to bully you, as you can only pay what you can afford, if you have paid more than a third than they do need a court order to take your car so they will not do it, if they do then it is too your advantage because you can claim the lot back plus interest, just dont hand over the keys.

 

As the account is not yet in dispute do you want to make an offer of an affordable payment plan ? if so I can help you put a letter together to do this ?

[anusca]

Just a quick question. Do I have to have paid over a third of the agreed total (as set out when I took the car) or a third of what's owed once they've added all of their fines etc?

[ozzywizard]

a third of the agreed total (as set out when you took the car)

[Major Player]

Again to support you and back up what Ozzy is saying, they are now at the dirty tricks stage of the month, Saturday is their last working day of the month and where their targets have to be hit by, funnily enough thats when they are saying you need to pay by.

 

If they are trying to arrange the collection of the car with you then reading between the lines I would suggest that they are unable to collect the car without either your consent or a court order.

 

As Ozzy says, if you want to pay, pay only what you can afford to pay, and try not to feel threatened by them - this is exactly what they want to happen. The reality of the situation is that they would rather have something than nothing, by the way what should your monthly contractual payment be?

 

If you need help in drafting the letter Ozzy, I will give you some key phrases to make use of, this case has wound me up and illustrates the exact reason why I became a Cagger!

[anusca]

Hi, my contractual monthly payments to them should be 275.88,

but for over a year and a bit now I have been paying approx 140 a month, sometimes more.

Any help re letters would be greatly appreciated.

 

I have a meeting to go into my old bank and get my old statements as from my records

it looks like I've paid 200 pounds over the 1/3rd of the contractual agreement, but I would really like to confirm this first.

 

In the meantime, I have told the branch manager that I will call him tomorrow afternoon to let him know what the situation is.

 

In terms of the letters, should I send them by recorded delivery or should I deliver them by hand?

(not with the car, in case they try and nick it!)

[Major Player]

Recorded delivery, they will have to sign to confirm receipt, hand delivered will probably result in an awkward conversation and they won't sign to day that you handed it over..............three months down the line they will deny ever having the letters.