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Opinion please vs Welcome


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Dear Ozzy,

 

Sentence should have read started agrrement end of 2004!! Sorry.

 

In terms of the then agreement I can fight the PPi and other extras were missold as I was naive at the time and of course I felt I had to take them etc.. to get the car etc..

 

Figures associated with this deal are from CCA:- will scan tonight and post

 

Cash price for goods - 6775.00

less deposit - 600.00

amount of credit - 6175.00

accpt fee - 150.00

finance charge - 3795.32

total chaergs - 3945.32

total amount payable - 10720.32

 

apr - 30.2%

 

monthly payment over 48 months - 210.84

 

optional insurances:-

 

PPI - 1935.90

mechanical - 650.00

emergency recov - 330.00

shortfall - 145.00

collission call - 40.00

 

total premiums - 3100.91

finance charge - 1860.37

 

total amounty payable - 4961.28

 

apr - 28.4%

 

monthly payment 48 months - 103.38

 

total monthly payment - 314.20 over 48 months

 

Got their commssions on this too which I'll post later - what a hoot - they certainly had a good day with me on this one!

 

I sent the letter on 28/9/06 to VT and in it I also mention all the way back then how I felt PPI was missold - never followed it up! I've got copy of letter.

Now the settlement quotation in my SAR is dated 15/11/06 and settlement date is 11/12/06 however I gave back my old car and recieved new car and new agreement on 31/10/06.

 

From my statement from Welcome around those dates it reads as follows:-

balance

12/10/06 capitalisation debit 10.00 7890.04

20/11/06 correct adj credit 7125.20 764.84

20/11/06 correct adj credit 573.98 190.86

20/11/06 correct adj credit 15.31 175.55

20/11/06 correct adj credit 175.55 0.00

 

new agreement

 

18/11/06 broker disbursement debit 12732.96 12732.96

18/11/06 insurance premium credit 350.00 12732.96

17/12/06 direct debit credit 265.27 12467.69

 

Interesting that the insurance premium credit didn't come off my balance?????????

 

Any clearer with those figures to run alongside the ones earlier?? Thanks ever so much for your help.

 

Hopefully will try and get my head around it all later, been so hectic at work don;t even quite know where i'm upto with all this!

 

Cheers

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To wannabedebtfreesoon,

 

I've paid over half on this account so I know they have to get court order etc.. they have sent the DN which I feel and from the opinions on here is unlawful and unenforceable and untimely. I then sent a VT to which they replied with their own TN saying I couldn't VT. Not bothered about keeping car and will address new car as soon as this one goes. I won't pay them anymore money. Just ensuring that they will accept my VT then trying to fight if either I can reduce my arrears because of un enforceable Credit agreement or dissecting my SAR for hidden charges etc.. to reclaim money. They can have the damn car - (sorry to say it to the car cos it's been fab!) lol.

 

So now it's do i put account into dispute? Hope they unlawfully repossess car - fun!? or fight to return the car asap and then negotiate the arrears?

 

Thanks

 

Fun or fight???! That's entirely your decision ;-)

 

From what I have learned of welcome, everything is a fight with them! Just because something should be done a certain way doesn't necessarily mean they will do it that way. There's no guarantee that if you VT they won't still chase you for the balance, equally just because they need a court order to repossess doesn't mean they'll get one!! don't you know the law doesn't apply to them??? lol! :-D If you do get them to agree to a VT get everything in writing!!!!

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Thanks wannabe,

 

I'm going to write a letter to them now, because they are chasing money, as to how 1. their DN is unlawful, unenforceable and not good practice as I hadn't missed a payment in 6 months and the next one wasn't due for 10 days. Their DN had no proper date for paying areas - only 14 days etc.. plus on the top of the letter it said Without Prejudice. Should I be playing all these cards now?

 

Should I also then state in the letter how therefore their Termination notice to me is again unlawful and unenforceable, firstly on the back of the unenforcable (we think) DN and secondly the date errors between my VT and their TN.

 

Any thoughts?

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I woudl say it depends how you want to play it....if you want to let them unlawfully take the car and then claim back what you are due i wouldnt let them in on the fact their DN is bunking I would write accepting unlawful repudiation of agreement.....If you want to try and VT again I wouldnt give away all your aces as a DN can be remedied I believe to make it lawful....totally depends on which way you want to play it I guess

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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Beyond,

 

Sorry don't quite understand what you mean. They can take it unlawfully if they like and I will fight afterwards so long as the DN is 100% 'bunking', but what exactly do you mean by "write accepting unlawful repudiation of agreement". ????

 

if their DN is totally invalid, do I need to VT again, shouldn't my previous VT stand, shouldn't it just be their paperwork wrong?

 

I feel that I should write the letter stating it, see what they say, fight my corner, hope they take car unlawfully in mean time? But would my argument which I now believe centres around the invalid DN and furthermore their invalid TN and my VT. Am I wrong?

 

Ill play it either way

 

Thanks beyond

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Invalid Default Notices - Page 72 - The Consumer Forums have a read of this dont need to read from page 1 read from page 72 theres a section where Im discussing my account regarding DN TN my DN is rubbish too which makes my TN rubbish also but I am accepting as I am then only liable for the amount stated at the time of the DN rather than the whole lot if that makes sense. I know your concern was to VT but I dont really see what difference that would make when you have accepted that the account is terminated and therefore no longer exists. If an account doesnt exist it would not be necessary to make payments to it as by doing so it would mean you dont accept termination and believe the account still exists. By listing what is wrong with DN etc you are giving them all your defences which gives them the chance to defend it. Just my opinion of course :)

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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Hello, the thing is that unless the account is terminated they can re-issue a proper DN rectifying all that's wrong with the last one. The termination notice isn't worth the paper it's printed on because by continuing paying you have, in effect, refused to accept the termination because you have behaved in a way as if the termination had not occurred.

If you tell them the DN is faulty they are well within their rights to re-issue one that isn't, then you really will be in trouble!!

 

If you are certain you want to VT you could try asking them to revoke the DN based on the fact that it should never have been served in the first place, i.e. you were not 2 payments in arrears.

 

You can either stop paying and conduct yourself in a way in keeping with the termination or you can write a letter saying "about that termination notice you sent-thanks, I accept", otherwise your agreement remains as it was before the termination notice.

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I think maybe I'm a little lost on this now. I read your thread regarding your own DN etc but it's till a little cloudy. So what exactly am I telling Welcome by sending them the same letter you sent regarding your DN and TN. Would I not be telling them that they are correct and I whole heartedly accept their decision? Or is it a bluff? what does repudiation mean? Dumb day!

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basically by the agreement not existing you are not endebted to them therefore dont have your terms of the agreement to abide by as that agreement no longer exists. by accepting the termination you are accepting the agreement no longer exists and therefore you dont have to abide by the terms of it. you are not saying you agree with how they have gone about it hence accepting their 'unlawful' repudiation is a fancy word for termination basically - this of course is my understanding of 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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So should I send them the same letter as you posted on the previous thread? Therefore saying yes you have sent me a DN and a TNand I accept it. Therefore only (potentially) owing my arrears. They are not going to come back and say you accept DN and TN which therefore means you accept full balance???

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It's ok, it took me ages to get my head round all of this stuff!!

Basically there has to be agreement on both sides for an unlawful termination to stand. It's in your favour for the account to be terminated because that means you don't have any obligation to make any more monthly payments and because the dodgy default preceded the termination your only liability, should they take court action, would be the arrears stated on the DN.

Hope that makes sense :confused:

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you stated that better than me wannabe thank you lol

 

you arent accepting the full balance as the agreement would not exist all you would be liable for is the amount stated on your DN which may be argueable anyway as mine are as it was payments due whilst in dispute anyway.

 

they can come back and say whatever the hell they like doesnt mean its right the response I got was I dont understand what you mean we issued a DN heres another copy :lol: send me as many as you like its still defective!

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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In my opinion, a letter to them will be as equally effective as no letter!! I mean, seriously what's the worst that can happen??? It's not like they've taken any notice whatsoever of your other letters! So you stop paying and just ignore them, they might send you some more dodgy DNs and TNs and then nick the car. Either way the outcome will be as you wanted- car and payments gone :)

 

Don't worry too much about your liability after the event, they'll have to take you to court to get anything and it's hardly likely they'll do that! Even if they do you'll be armed with your dodgy DN and your liability will be only your arrears; which is what you accept anyway.

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let them take u to court and offer to show the judge commission sheet and watch them run :lol:

 

Ill do you a letter now :)

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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Your name + address

DATE

WHOEVER ISSUED DN AND TN (local office usually)

 

Dear Sir/Madam

 

Your ref:- XXXXX

 

Re: Unlawful Repudiation of agreement

 

 

I refer to your letter of XXXXX in which you unlawfully repudiate the above agreement.

 

Having taken advice I am informed that you may not terminate the agreement unless and until you first serve a valid Default Notice outlining any alleged default and giving me an opportunity as prescribed by the consumer credit act to remedy any alleged breach.

 

You have not served such a Default Notice.

 

I therefore accept your unlawful rescission.

 

I am advised that you are entitled at the time of the unlawful termination, only to the genuine arrears that were outstanding at the time of your unlawful rescission and against which I may have a counterclaim for damages. Kindly advise me of the true amount of arrears that were due at the time of termination.

 

 

Yours Faithfully

 

XXXXXX

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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Thanks Ozzy not my own work I believe I originally stole that from another thread lol

 

If you are keen to get going on some form of action id say state a time limit or even put 28days.....have you decided what you are going to do next? will it be fos or court?

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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PMSL Granty quite right too

 

I got as far as about to issue N1 but decided as im not sure enough in myself on the issues I have to stand in front of a judge ive passed it to FOS in the meantime so I can get totally clued up and be 210% sure before I go to court :)

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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Do i get a green blob for that then ozzy lol im still awaiting number 2 lolol

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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make it red bold for extra effect lol

booohoooo i want some blobs my one blob feels lonely lol

hope kiddies got on ok with teeth bless um

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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