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Welcome Finance - Hp - Ucan car ***WON***


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Ok Ted, just gone through your figures and there's absolutely no doubt about it!! You have paid over £1200 more than the repo figure :D

I've looked up pre action protocol and it's saying you needed to have sent a letter before action before you can file a court claim. Which you have :)

 

If I were you I'd get a claim in asap. The fos are gonna do buggarall in reality apart from saying "you had the money, the creditor can do whatever the hell they like".

 

To be on the safe side maybe send Welcome one more lba and then go for the throat.

It's even in their own agreement that if they repo without a court order you are entitled to all your money back! There's no way they can get out of it! :p

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OK people, here's one for you.... we also have a secured loan with welcome, which were not to bothered about as we can pay it and we only did it as we had bought a renovation project and needed the cash.

With the SAR we also got details of the secured loan and in it we have found evidence of welcome tampering with one of the documents.

Its the legal charge document!!

 

As my wife is a legal conveyancer we have requested copies from the land registry and will have them tomorrow but what Welcome have sent us and what we've retained when the loan was taken out are different- the document supplied by Welcome has our signatures but not our names. Oddly, the document states the names of the people who bought my wifes parents house (an address where I was living prior to me purchasing the car)

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  • 2 months later...

Hey everyone. I know it been a while but here's an update

 

Back in May I sent everything to the Financial Ombusman.

 

Today I got a letter back,

 

They have agreed with Welcome Finance that inlight of the fact that had no court order, they acted inlawfully and have agreed to pay back everything on both the first agreement the second agreement and all the interest @ 8%.

 

No car though....... But its a win none the less!!!

 

Thank you everyone for all your help.

 

I couldnt have managed without you all

 

I will be making a nice donation very shortly.

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Good result well done.

Thread title added to.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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OMG!! That's what I said! LOL! :lol: I'm so pleased it's all turned out so well for you and I'm so pleased you came back to your thread. What a beautiful result, you've made my day well done Ted!! free-happy-smileys-191.gif

 

I've got a lot on with my own court battle with Welcome at the mo but I'm so troubled by this thread. Please Ted come back!! Is there any way somebody could get Ted to come back?????!

 

The facts are, (and I've had it confirmed, out of the mouths of the **** themselves), YOU HAVE PAID YOUR THIRD, THE GOODS WERE PROTECTED, THIS WAS AN ILLEGAL REPO OF PROTECTED GOODS!!!!!!!

 

In the event that Ted never comes back :( but somebody else reads this that is in a similar position I'd like to just show what the situation is.

 

90 Retaking of protected hire-purchase etc goods

 

(1) At any time when—

 

(a) the debtor is in breach of a regulated hire-purchase or a regulated conditional sale agreement relating to goods, and

 

(b) the debtor has paid to the creditor one-third or more of the total price of the goods, and

 

© the property in the goods remains in the creditor,

 

 

the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court.

 

(2) Where under a hire-purchase or conditional sale agreement the creditor is required to carry out any installation and the agreement specifies, as part of the total price, the amount to be paid in respect of the installation (the “installation charge”) the reference in subsection (1)(b) to one third of the total price shall be construed as a reference to the aggregate of the installation charge and one third of the remainder of the total price.

 

(3) In a case where—

 

(a) subsection (1)(a) is satisfied, but not subsection (1)(b), and

 

(b) subsection (1)(b) was satisfied on a previous occasion in relation to an earlier agreement, being a regulated hire-purchase or regulated conditional sale agreement, between the same parties, and relating to any of the goods comprised in the later agreement (whether or not other goods were also included),

 

 

subsection (1) shall apply to the later agreement with the omission of paragraph (b).

 

(4) If the later agreement is a modifying agreement, subsection (3) shall apply with the substitution, for the second reference to the later agreement, of a reference to the modifying agreement.

 

(5) Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor has terminated, or terminates, the agreement.

 

The part in red is the part that is very valid here.

 

It is basically saying that if you had paid a third in your first agreement and then the agreement was modified, (a re-write), but you did not change the car, (i.e. both the first agreement and the re-write were for the same car), then the third issue becomes irrelevant in the re-write as long as the agreement was terminated by them and not you. The car is "protected", they cannot take it without a court order and the consequences of them doing this are also clearly outlined.

 

(7) Goods falling within this section are in this Act referred to as “protected goods”.

 

91 Consequences of breach of s 90

 

If goods are recovered by the creditor in contravention of section 90—

 

(a) the regulated agreement, if not previously terminated, shall terminate, and

 

(b) the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.

 

I read this part of the Act many times in preparation for my own case but didn't quite get that part, so I read it and read it until I did!!!

 

I have received a copy of Welcome's defence in response to my claim and in one of their points they have conveniently verified this for us :)

 

"The defendant, (Welcome), will further say that the claimant has not paid more than one third of the total amount payable under either the first or second agreement. Consequently the vehicle was not protected"

 

Pay special attention to the highlighted word above ;)

 

Come back Ted, you've won!!!!!

 

Wannabe x

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Well done Ted this is a fabulous victory & Wannabe's input was crucial to this success Congratulations to you both. free-happy-smileys-296.gif

 

Wannabe 1 --- Welcome 0

Edited by Calb0b
I think I am sick in the head, I have some kind of warped sense of humour (well I know I have )

 

What idiot sends an e mail to a solicitors firm, insulting them, and threatening legal action, potentially opening a can of worms, and leaving me and my family, and our home, wide open to a heap of trouble, court costs, and hassle for the next few months, but cant help but grin like a Cheshire cat once I had hit the send button on the email

 

Its madness, but it feels good to fight back !

 

http://www.unlawfulcarrepo.co.uk/

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Wahoooo Thats brilliant!!!! Maybe the FOS arent totally useless after all ;) CONGRATS!!!!!!!!!!

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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thankyou all for your comments and again a big thakyou for wannabedebtfreesoon. This mostly falls on you and your advice.

 

If I could send you champagne and flowers when we have the cheque then just pm me your details.

 

And thankyou all once again. Could not have done this without this site..

 

Once I get it cashed I'll be helping this site stay online.

 

Many thanks everyone

 

Tedstyle and a very happy wife.

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