Welcome Finance Car Finance

[hoogie32]

Ok Need help here.

 

Took a car out with Welcome in 2008. However last September i got a phone call saying that the payments were not coming out of the bank.

 

I then got a letter and a phone call confirming this. Welcome agreed that this was there fault as I had not cancelled the debit and they had accepted responsibilty. - I did not get this in writing stupidly.

 

They agreed to reset the dd up which they did and I have this letter here. The arrears would then be added to the end of the finance agreement. (this isnt stated in the letter)

 

In November i got a letter stating i owed the arrears still. I was told by my local branch to ignore it when i questioned it. I stupidly did. On 17 March i get another letter that they have served a default? - Again I phoned them and I asked for the full transcript of all conversations. They would send it.

 

I today received a letter saying that the account has been terminated and I owe the full balance of the account. They are now saying that they are going to reposess the car. I have received nothing since

 

I have just phoned them and they tell me the local branch office is now shut, and they never accepted responsibility and the car will be picked up.

 

Where the hell do I stand.

 

Ok in their defence I should have noticed that they werent taking payments but i never. I dont even open bank statements

 

Pls help.

Edited April 7, 2010 by hoogie32

[hoogie32]

Please can someone help. My wife is very very upset and at 6 months pregnant I need to calm her down. I have figures etc I can post.

[hoogie32]

Ok after reading other threads im panicking now.

 

£18767.36 is the total Amount Payable.

 

£8613.68 is the Termination Fee

 

£5742.45 is the reposession rights fee/

 

However the letter on 17 March says i need to pay 12795.22

 

But they took payment off £386 on the 31st March via DD yet i got the Termination Letter today dated the 31st March also.

 

Please please help

[beyondhope]

Hi hoogie first things first dont panic! They dont deserve you or your wife getting upset.

 

How many months payments are the arrears?

Does the default notice state a numerical date to respond by or within 14days?

Are you wanting to keep the car or not?

Have you paid over 1/3?

 

Sorry for all the questions

[hoogie32]

Hi hoogie first things first dont panic! They dont deserve you or your wife getting upset.

 

How many months payments are the arrears?

9:(

 

Does the default notice state a numerical date to respond by or within 14days?

Within 14 Days

 

Are you wanting to keep the car or not?

If I can yes. If not hey ho. On the basis it doesnt cost me to get rid

 

Have you paid over 1/3?

Well according to my working out ive paid over a 3rd

 

Sorry for all the questions

 

 

hope this is enough to start?

[hoogie32]

Ive just also noticed on my copy of the finance agreement I dont have a signature from them. Its blank.

 

Does that help?

[beyondhope]

OK...my opinion and it is purely that is....

 

Your default notice is defective (if you read my help with welcome finance thread theres alot of info on that in there)

 

If you have indeed paid over 1/3 they need a court order to repossess

 

Do you have a copy of your agreement you can scan, delete personal info and post here?

[beyondhope]

Ive just also noticed on my copy of the finance agreement I dont have a signature from them. Its blank.

 

Does that help?

 

 

it may do but i wouldnt have a clue maybe someone else could help with that

[hoogie32]

5 mins it will be here

 

thank you so much

[beyondhope]

ill be on and off for an hr or so - if i can help on anything else i will do but dont panic if i disappear

[hoogie32]

 

 

 

 

[beyondhope]

Your default notice is definitely defective (same as mine) your agreement is terminated as it doesnt say 'may' it says it is. Im not good with the checking of figures on the agreement but im sure someone will be along to check that for you.

In my opinion your termination was served 3 days before the end of the allowable period from the default notice.

have a read of this thread from page 76

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html#post2866689

regulations of the consumer credit act 1974 say you should have 14 clear days (excluding postage) to remedy a default notice they havent given you that by terminating before that time is up.

[hoogie32]

That great, that gives me a good start then doesnt it.?

 

Just need the figures checking by someone if poss?

[hoogie32]

Bump*

 

Also if they turn up for the car can I tell them to do one. ?

[laverda1147]

Do you have a drive or garage?

 

I agree with beyond it is a defective default notice.

[hoogie32]

I dont have a drive or a garage.

[hoogie32]

Can I leagally now tell them to go then? As I want the full disclosure of payments and monies owing prior to me giving them the car back?

[hoogie32]

bump

 

*sorry*

[grantyblade]

Hoogie,

Have you definitely paid over a 1/3 of the balance yet? If so they must obtain a court order to take your car away, They can repossess though if you haven't as far as I'm aware. Still if you have defo paid over a 1/3 and they don't have a court order and they come to take car away, let them. Put up a little fight, don't give them keys, don't sign anything. If they repossess without court order and you've paid over half or a third they are in serious doodoo. You will be able to take them to court for the car back and all monies ever paid to them.

 

I'm currently fighting unlawful DN and TN although they haven't threatened to take car back yet. I've paid over half.

 

Don't know if that helps, just what i've learnt from here.

[hoogie32]

I beleive I have. - Im just wanting the figures double checking.

[grantyblade]

Hoogie,

 

I'm no expert on the figures side but after your payment on 31st march you would have paid £5801.48, I reckon. (on 17/3 they state on their DN you had paid £5415.48 + the 386 paid on 31/3). And the 1/3 you have to pay is £5742.45. Therefore you have paid over 1/3 and they have to get court order. In terms of the date of their TN, you didn't get the 14 days to remedy. You wouldn't have recieved the TN until 1st April at earliest if 1st class post, therefore by the time the TN is served a 1/3 had been paid. Even on 31st, 1/3 had been paid! No judge could deny that???

 

Thats my opinion

[hoogie32]

Which is the 1st letter now I need to send to them? - Sorry for being dumb and lazy, I am juggling this between work, my kids and a very heavily pregnant stressed wife.

Edited April 9, 2010 by hoogie32

[laverda1147]

Whatever you do... do not tell then the default notice is defective. Its your trump card if this goes to court. Personally, I wouldn't write to them I would wait for their next move , remember its only what I would do.

[hoogie32]

Thanks Laverda. I have no intention of phoning them. However I am expecting someone to come to collect the car. Can I say or do anything to them to put them off, as I am keeping it until the end of the month.

[laverda1147]

Persnally I don't think there is anything you can say, simple fact is welcome don't listen, don't care etc so it is a waste of time.

If you had a garage I would say make sure its locked in there, but I think you said you didn't.

As someone else said don't give them the keys and sign nothing.