Welcome Finance Default Notice

[laverda1147]

Please help. I have today received a default notice from welcome for my car finance.

 

The first part says Date 01 March 2010

 

Agreement number xxxxxxxxx

between xxxxxxxxxx (Myself) and Welcome Finance of xxxxxxx

 

We refer to the above agreement which you have entered into with us. The terms and conditions provide that you must pay each monthly installment in full on its due date. Youy are in breach because you have failed to pay the contractual installments.

 

To remedy the breach you must pay to us the total arrears of xxxxxx with fourteen (14) days

 

Its goes on to

 

Total amount payable under agreement £xxxxxx

 

Total amount that you have paid by the date of giving of this notice £ (this is blank)

 

Payments to be made

 

Outstanding balance under this agreement (blank)

 

Rebate of acceptance fee and credit charges (blank)

 

Rebate of insurance (blank)

 

Rebate of interest (blank)

 

Total amount to be paid (blank)

 

Alsothe agreement is in joint names, both myself and my wife signed the agreement. My wife is not mentioned on the default notice and has not received a default notice.

[jackst01]

It looks like yours was similar to my default notice. Apparently, if it doesn't have a date where yours says 14 days it is invalid.

 

P.S I received mine 6 weeks and still have a clean credit file.

 

Hope this helps.

[laverda1147]

So they did not terminate your agreement as they state they will on the default notice or repo the car?

[laverda1147]

I do not want to lose the car can anyone confirm or clarify?

Thanks jackst01

[jackst01]

If you have paid more than a third on the car then they cannot repossess without a court order. You should post your agreement up here so someone more experienced can check it out for you.

 

It is only a default notice you need to worry if you get a termination notice.

[laverda1147]

I Can't find the agreement at the moment but I have not more than a third on the car

[frettful38]

Please help. I have today received a default notice from welcome for my car finance.

 

The first part says Date 01 March 2010

 

Agreement number xxxxxxxxx

between xxxxxxxxxx (Myself) and Welcome Finance of xxxxxxx

 

We refer to the above agreement which you have entered into with us. The terms and conditions provide that you must pay each monthly installment in full on its due date. Youy are in breach because you have failed to pay the contractual installments.

 

To remedy the breach you must pay to us the total arrears of xxxxxx with fourteen (14) days

 

Its goes on to

 

Total amount payable under agreement £xxxxxx

 

Total amount that you have paid by the date of giving of this notice £ (this is blank)

 

Payments to be made

 

Outstanding balance under this agreement (blank)

 

Rebate of acceptance fee and credit charges (blank)

 

Rebate of insurance (blank)

 

Rebate of interest (blank)

 

Total amount to be paid (blank)

 

Alsothe agreement is in joint names, both myself and my wife signed the agreement. My wife is not mentioned on the default notice and has not received a default notice.

 

If they have only given you 14 days to rectify this default then it is not enough as they have not allowed enough time for posting. This could be great news for you I hope.

If you have a look at the invalid default thread you will see how this default you have received could be very beneficial for you. I am sure the experts like diddydicky and pinky69 will be able to give you some very sound advice.

 

If possible can you scan up the DN deleting any personnel details and numbers so that we can have a proper look and advise better?

[laverda1147]

I can scan it but how do I get it onto this forum?

[frettful38]

I can scan it but how do I get it onto this forum?

 

Your have to use photobucket.

[frettful38]

Have a look at this thread it is really amazing. It has so much information about Default Notices. You see if there is any thing that is not legally correct about a Default Notice then the creditor cannot enforce the balance, only the arrears that are stated on the DN.

 

14 days is not enough days to rectify the breach. I am still learning a lot myself, and I am sure that many will come along and correct me if I am wrong, but hopefully I do believe that as Welcome have only given you 14 days they have not allowed time for posting which is a no no.

Have a look at this thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

[laverda1147]

Thank you frettful I am now feeling calmer than when I opened the notice today

[laverda1147]

Default notice

[beyondhope]

The default notice is defective it doesnt state a date in which to rectify and 14days from date of it isnt long enough to remedy as it doesnt allow for postage. I have had one and a termination notice off the back of it, the car is parked outside despite being told several times that the recovery company have been instructed to collect it. If you need any help posting up agreement just shout

[laverda1147]

Default notice uploaded plus letter that was with default notice

Edited March 3, 2010 by laverda1147
Addition

[beyondhope]

can you post it using the code as it cant be read properly with thumbnails

[laverda1147]

ok don't know if they are legible. I think i need help with uploading them please

[beyondhope]

if you go to the document on photobucket at the top will be a share option, copy and paste the code starting into here that should make them fine to read im around for a while if you have any probs

[laverda1147]

photobucket.com/albums/zz151/laverda1147/welcomeDN1.jpg[/img.

Edited March 5, 2010 by laverda1147

[laverda1147]

IMG]http://i823.photobucket.com/albums/zz151/laverda1147/welcomeDN1.jpg[/img]

[laverda1147]

deleted

Edited May 23, 2010 by laverda1147

[jackst01]

Looking at the default notice, I would definitely say it is defective. There are no figures where there should be figures and no date by which you have to pay by (even though it says if you don't pay by the date shown), as previously mentioned.

 

If you read carefully, there are a lot of ifs and we mays!

Edited March 2, 2010 by jackst01

[laverda1147]

sent request for copy of agreement today by recorded delivery. What is the statutory time limit for their response to this

[dawnytrish]

You have to allow 14 working days....so it should be with you by 23/03/10.

 

Dawnx

[laverda1147]

Should I now wait for copies of agreement to be sent or go ahead and make a subject access request?

[dawnytrish]

I think I would send SAR straight away as they have longer time to sort this out and also you should receive a Statement in it which would show exactly how much you have paid and also any charges that may have been added.

Dont forget to send a £10 postal order and dont sign anything...just print your name....and recorded delivery again.

 

Good luck

Dawnx