Welcome Finance Car Finance

[hoogie32]

Thank You. Would they not attempt to lift it without the keys?

[laverda1147]

Of course they will. If you give them the keys they will just say you gave consent and agreed with their actions because you believed it was fair etc etc.

Hopefully, someone more knowledgable than me will be along to say what to do when they do take it. As you have paid over a third I believe you can claim the full cost of the car loan, plus statutory interest at 8%

[hoogie32]

Thanks Laverda.

 

Any other advice would be most welcome,

[beyondhope]

Of course they will. If you give them the keys they will just say you gave consent and agreed with their actions because you believed it was fair etc etc.

Hopefully, someone more knowledgable than me will be along to say what to do when they do take it. As you have paid over a third I believe you can claim the full cost of the car loan, plus statutory interest at 8%

 

 

I gave the keys well one key and they know perfectly well it wasnt with consent so that doesnt always follow.

[beyondhope]

Bump*

 

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

 

 

You can certainly try! There is no reason they wont put a window through and lift it anyway though. I know they SHOULD have a court order but that doesnt really account for much they do as they please anyway.

[beyondhope]

Try not to jump too far ahead of yourself by worrying what happens if thats how I got myself in a stress.

 

If they come and take the car I would first demand to see the court order allowing it as over 1/3 has been paid and you know your rights this may be enough to send them away with a flea in their ear a fax telling them to collect the car is NOT good enough! Some recovery companies wont care a stuff and will collect anyway saying they are only there to do what they were instructed, these are the ones that will say keys or we put a window through.

 

If they do take the car I guess you have 2 options - ignore them until they take you to court and then defend with your defective default OR you start proceedings against THEM.

 

Did you say you wanted to keep the car or not?

[hoogie32]

Only till I get another one next week or the week after

[beyondhope]

I would say its 'unlikely' they would come that soon but not impossible but if you are getting a new one anyway I would be inclined to put up a fight but 'let' them take it all the better for you in court should you decide to take them on unlawful rescission but again totally depends on what you want to do post repo though. Also has any payment been made since termination?

[hoogie32]

yes - the same day i got the letter.

[tonycard]

why not let em break in and take it then report it stolen u have the docs or call the bizzies when the muppets call

[hoogie32]

lol - thought of that

[beyondhope]

I would be inclined to write to them accepting their UNLAWFUL repudiation of contract (this would mean you accept that the contract is finished and that you are released from your responsibilites as per the agreement) only because by paying you are carrying on as if it hasnt been terminated and should you need a defence or put in a claim it will be viewed as you were agreeing to carry on paying etc my opinion of course

[beyondhope]

calling the police is defo an option but it seems to be 50/50 as to who they side with totally depends on the officer on the day

[hoogie32]

im doing this by the book.

 

I beat Yorkshire Bank cos of this place back in 07 for 4k. These muppets are getting the same treatment.

[hoogie32]

well the car people have been. And i wasnt in. They told my wife that a court order would be useless. Its not up to them is it?

[laverda1147]

If you have paid 1/3 they need a court order to repossess the car, so not sure why they think a court order is useless

[laverda1147]

That's not to say they wont repossess the car without one, this is welcome and they seem to believe they are above the law

[hoogie32]

so do i send the cca now?

[hoogie32]

bump

 

Sorry I meant Subject Access Request

[wannabedebtfreesoon]

well the car people have been. And i wasnt in. They told my wife that a court order would be useless. Its not up to them is it?

The car people have been????!! Are you saying that somebody has been to attempt to repossess the car even though you have made payments totally more than a third??

 

Please correct me if I'm wrong but you say you made a payment on 31st March? The same day as the termination notice??

Because you have made a payment on the account, you are as good as saying you don't accept their termination therefore the account is now active again.

 

In order to enforce their rights they now need to issue another default notice with the correct amount of arrears on, the previous DN is defective in that it overstates the sums owed, (amongst other reasons ).

 

So basically your position now is- You have paid more than a third, so the car is classed as protected goods and they have not issued an up to date valid DN or TN.

If they come to take the car, keep the keys, keep the log book and put up something of a resistance so it shows you are not giving your consent and let them take it. Then you can sue them under section 90 of the consumer credit act 1974 and get back all your payments, the car or value of and interest and costs

 

This is purely my opinion, please take further advice before you make any decisions

[beyondhope]

yes send sar asap agree with wannabe

[hoogie32]

thanks for the help guys its very much appreciated.

 

 

i will keep you posted. - SAR on way shortly - when i find it on here.

[hoogie32]

Good Day Peeps. Sorry not been on, been away with work.

 

Could someone post up the template CCA, Ive found 3 different versions and im unsure as to which to use.

 

ps - I still have the car.

[hoogie32]

*bump

[wannabedebtfreesoon]

Good Day Peeps. Sorry not been on, been away with work.

 

Could someone post up the template CCA, Ive found 3 different versions and im unsure as to which to use.

 

ps - I still have the car.

 

Hello, I believe this is the one most suitable for Welcome

 

Did you get your sar back yet??

In my opinion you need to check your statements from Welcome and compare with statements from your bank to be absolutely more than 100% positive that you have paid more than the third.

As soon as you are sure, sit back and relax They cannot take your car without a court order and if they do you will be in for a healthy payout.

 

In any case, you made a payment since your TN so they need to start the whole process over again.

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account number

 

This letter is a formal request pursuant 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

 

 

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