Guaranteed Car finance - Welcome Not Taking Ca Back - Help!

[chrisgc1977]

Hi

 

I have a car on guaranteed finance with Welcome - have had it about 3 years now (i know i should not have) but they have now sent me a letter saying the amount owed has been passed onto a debt collection agency.

 

My Situation is this:-

 

1) I have requested they come and collect the car on several occasions as long ago as 3 months ago Yet they have still not collected - (the plan was that they collect and sell at auction then offset the amount against what is owed).

 

2) They have now said that the account has been passed to a debt collection agency.

 

3) As the car is not mobile (due to needing a new gear box) the car is parked on my friends driveway and declared sorn.

 

4) To give them a kick up the back side to collect the car I have got my friend (where the car is parked up) to write to them giving them 2 weeks notice otherwise they will start incurring parking/storage fees of £35.00 per day.

 

SO AM I IN MY RIGHTS TO DO THE FOLLOWING:

 

5) Basically am I in my rights to to get my friend to start charging them parking/storage fees as they are the legal owners especially as i have requested in writing to collect car and spoke to them on phone.

 

6) If they have passed the amount owed onto a debt collection agency am I in my rights to ask them to take their interest off as a finance company so I can sell the car (as they have only passed the debt to an agency and I take it are not interested in having the car back).

 

Where do i stand as the problem is the longer they are taking to come and collect the car and fulfil my request the car is depreciating in value so when they effectively come collect the car and auction off it will be worth less now than say several months ago.

 

Please can someone lead me to some info as this has dragged on so long now.

 

Any help would be much appreciated.

 

Chris

Edited April 14, 2010 by chrisgc1977

[PGH7447]

how long was the car loan for and how much have you paid off?

[chrisgc1977]

Hi

 

Off the top of my head (as not got my paper work in front of me) I think the finance guaranteed on the car was 3 years.

 

Total finance was around the £6000 mark and only just over a £1000 paid off as have been in and out of work like a yo-yo.

 

Does the payment term make a difference to the way they are treating the account ie. not complying with my right to take car back etc?

 

Look forward to hearing back from you.

 

Chris

[PGH7447]

If you had paid more than 2/3rds then they would not be able to reposses and probably not wanted the car back anyway.

 

they will not remove the interest

 

tell them that you will not be dealing with any dca until the car has been repossed and sold at auction, you will then come to some arrangement to pay the remainder off, if they still reuse then tell them that as far as you are concernded they have broken the terms of the contract and that you have nothing to pay, that should get their arse in gear

 

in the meantime send an account in dispute letter to the dca outlining the above

[chrisgc1977]

If you had paid more than 2/3rds then they would not be able to reposses and probably not wanted the car back anyway.

 

they will not remove the interest

 

tell them that you will not be dealing with any dca until the car has been repossed and sold at auction, you will then come to some arrangement to pay the remainder off, if they still reuse then tell them that as far as you are concernded they have broken the terms of the contract and that you have nothing to pay, that should get their arse in gear

 

in the meantime send an account in dispute letter to the dca outlining the above

 

 

So what your saying is if I have requested they take the car back (even though I have only paid around a £1000 mark) and they dont take it back - I can say that they have broken there agreement?

 

Also when I mean taking the interest off I mean interest as regards to 'they have an interest in the car' ie. when you do a hpi check on the vehicle it wont come back saying finance outstanding?

 

Chris

[PGH7447]

Yes to the first

 

and I thought you meant loan interest

 

the hpi check will show their interest until settled

[chrisgc1977]

Yes to the first

 

and I thought you meant loan interest

 

the hpi check will show their interest until settled

 

 

Thanks for the reply.

 

With regard to me requesting they take car back AND they have still not done it a few months later can you advise on the following:

 

1) Is there anything in the terms & conditions on back of thier loan agreement stating anything about THEM breaking the contract?

 

2) If there is or isn't anything on their T&C's how do i go about informing them that they have broke the agreement/

 

3) If they have broke the agreement and I inform them do they:- a) Have to take the car back still? AND b) Write off any outstanding amount owed and/or have to pay back whatever I have already paid?

 

Where can I find this info and any template letters for them breaking the agreement as really need a factual point to throw at them instead of stating something like, "I consider that you have broken your part of the agreement".

 

Also one last thing can they suggest that it was me who broke the agreement first due to falling behind with payments?

 

I look forward to you reply.

 

Chris

[PGH7447]

without seeing the T&C's I cant comment

[ColdUpNorth]

Have they served you with a Default Notice?

[chrisgc1977]

Have they served you with a Default Notice?

 

Thanks for the replies.

 

Yes a default notice has been issued not just once but several times, the last one about a month ago with the following info:

Amount payable = £6948.36

Amount paid = £1364.05

Amount to be paid = £5858.12

 

(Bearing in mind I have requested they come collect the car as I can't afford payments - and they have said previously they would).

 

I have told them where the vehicle is etc as it's on my friends driveway.

 

My friend has wrote to them on his business letter head stating they have 14 days to remove otherwise they will be charged parking/storage fees at £35.00 per day.

 

Also have just looked at paperwork and this is interesting please read the following:

 

1) they emailed the Credit agreement and informed me to sign the boxes where it says signature and drop off into office - so I did (in blue pen).

2) The date they signed it (in blue pen) was 24/04/07.

 

The above two points were in BLUE pen, THEN:

 

3) The PPI box was ticked BY THEM NOT ME in BLACK pen and re-signed by someone in there office dated 06/05/07.

 

4) Although I signed the ppi box (as I was just told to sign the boxes where it states signatures (was about 3 boxes) I DIDNT tick the PPI box they did.

 

Help me someone please.

 

I have a car sat there and me worried on a daily basis YET have asked them to collect months ago but they still haven't - yet they continue to send default notices etc.

 

Chris

[ColdUpNorth]

Thanks for the replies.

 

Yes a default notice has been issued not just once but several times, the last one about a month ago with the following info:

Amount payable = £6948.36

Amount paid = £1364.05

Amount to be paid = £5858.12

 

(Bearing in mind I have requested they come collect the car as I can't afford payments - and they have said previously they would).

 

I have told them where the vehicle is etc as it's on my friends driveway.

 

My friend has wrote to them on his business letter head stating they have 14 days to remove otherwise they will be charged parking/storage fees at £35.00 per day.

 

Also have just looked at paperwork and this is interesting please read the following:

 

1) they emailed the Credit agreement and informed me to sign the boxes where it says signature and drop off into office - so I did (in blue pen).

2) The date they signed it (in blue pen) was 24/04/07.

 

The above two points were in BLUE pen, THEN:

 

3) The PPI box was ticked BY THEM NOT ME in BLACK pen and re-signed by someone in there office dated 06/05/07.

 

4) Although I signed the ppi box (as I was just told to sign the boxes where it states signatures (was about 3 boxes) I DIDNT tick the PPI box they did.

 

Help me someone please.

 

I have a car sat there and me worried on a daily basis YET have asked them to collect months ago but they still haven't - yet they continue to send default notices etc.

 

Chris

 

Ok, I can't comment on the PPI other than to say that it definitely sounds dodgy...

 

I'm fairly sure that you can't default on a HP agreement more than once, so we'll start with the first Default Notice. Welcome seem to be very good at getting them wrong and if they have then you are in a strong position.

 

If they've sent several, then we'll take each subsequent one in turn, because if the first is invalid then we need to check that each subsequent one is also invalid.

 

The reason for this is that if they are trying to enforce the debt (by passing it to a DCA) then they have in effect terminated the agreement (have you had a Notice Of Termination?) and if they have done this on the back of an invalid Default Notice then they have terminated the agreement unlawfully.

 

Can you scan the DN's in and post them up in date order so we can have a look at them??

 

I am just starting down this road myself (though my car has been repo'd) with another finance company so am passing on what I have been told be others. My case will be based around an invalid DN so that's the advice I'm able to pass on. It may be that you have other things that will help too.

 

I will direct some of the people helping me over to this thread as Welcome are not well-liked and a lot of people on here have had dealings with them. Remember, if you have asked them to remove the car, then the ball is in their court.

 

My last piece of advice, try not to worry, you have a whole community of people here to help you now.

 

Oh, and take a read through my thread (and those linked to from it) you might find some useful advice in there...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/255577-advantage-finance-repossessed-my-6.html

Edited April 15, 2010 by ColdUpNorth
Forgot to add something...

[chrisgc1977]

ColdUpNorth,

 

I will take a look through all the paper work I have and get back to you.

 

One thing - whats the best way to posting documents on this site?

 

Chris

[chrisgc1977]

ColdUpNorth,

 

Just a quick update as got to shoot out BUT I have found 2 Welcome Default Notices station they intend to execute their rights and collect the goods (which they havent despite me asking them too).

 

Also they have NOT as yet issued a Termination Notice that I know of.

 

Let me know hot to put documents up on here and will do it or alternatively what am I looking for in the default notice to see if it is wrong?

 

Chris

[ColdUpNorth]

I'm not certain how to post documents on here as haven't done it myself. I'm sure someone will be along shortly to advise...

[PGH7447]

use photobucket, if the PPI is dodgy then claim it back

[chrisgc1977]

Ok will use photobucket - will do as soon as I can so please watch this space.............

 

Chris