Welcome Finance Problem

[caspergav]

Hi heres my situation which i need a little help with if possible thanks

 

I got a car from welcome car finance,i was self employed,i told them this and they said its ok (later found out it wasnt) they let me drive away with no tax or insurance (again they said it was ok untill i got home) 60 miles away. the car was not right from first day, things were going wrong with clutch,breaks and engine.

 

Anyway moving on i strugged with payments and asked them to come take it away and they refused,sent it in writing aswell,ignored! i missed payments deliberatly so they would come take it away,they did say they would come get it but never showed. now getting letters from lewis debt recovery saying they want £9500 but last week would accept £4000,i done a cca request to lewis with a £1 postal order but they replied with "we cant supply u with it as we dont have it" and said i had to contact welcome, but i thought they didnt have the debt no longer,am i wrong?

 

Also on my credit agreement it says the debt is settled but underneath it there is a new agreement which i didnt know about saying defaulted,also says i made payments which i never,my credit report couldnt be more wrong with them. i really dont know what to do my email addy is (EDIT) if someone can help me thank-you

 

Gavin

Edited June 12, 2010 by ukaviator
Email address removed

[dx100uk]

Hi heres my situation which i need a little help with if possible thanks

 

I got a car from welcome car finance,i was self employed,i told them this and they said its ok (later found out it wasnt) they let me drive away with no tax or insurance (again they said it was ok untill i got home) 60 miles away. the car was not right from first day, things were going wrong with clutch,breaks and engine.

 

Anyway moving on i strugged with payments and asked them to come take it away and they refused,sent it in writing aswell,ignored! i missed payments deliberatly so they would come take it away,they did say they would come get it but never showed. now getting letters from lewis debt recovery saying they want £9500 but last week would accept £4000,i done a cca request to lewis with a £1 postal order but they replied with "we cant supply u with it as we dont have it" and said i had to contact welcome, but i thought they didnt have the debt no longer,am i wrong?

 

Also on my credit agreement it says the debt is settled but underneath it there is a new agreement which i didnt know about saying defaulted,also says i made payments which i never,my credit report couldnt be more wrong with them. i really dont know what to do my email addy is (EDIT) if someone can help me thank-you

 

Gavin

 

you need to start your own thread also remove your email ad

 

dx

[caspergav]

how do i start my own one,i tried to do that but spent ages trying to do it am i just a dafty lol

[dx100uk]

it has been done for you by the site team

 

dx

[dx100uk]

it appears you have been the victim of the typical fleecing activities of welcome.

certainly donrt pay a penny to lewis,

 

have you got the agreements or do you need to cca welcome for them yet?

 

dx

[caspergav]

nope i dont have the agreement,i asked lewis for it as they have the debt now but they told me i had to write to welcome for it,i thought lewis had it cos they had bought the debt,welcome have gone bust and dont know who to write to now.

[Major Player]

casper, write to Welcome, they have not yet gone bust and will give the info you need, Lewis group are part of the same company so they could access the info but they are making things difficult.

 

Get your cca from:

 

The Compliance Department

Welcome Finance

Mere Way

Ruddington Fields Business Park

Ruddington

Nottingham

NG11 6NZ

Edited June 12, 2010 by Major Player
spelling

[wannabedebtfreesoon]

Hello and welcome

I'd recommend sending them this for the CCA cos then they can't get away with sending you some reconstitued, unsigned nonsense and there is no fee to send so they can't say they haven't received the fee

 

Still send recorded delivery though

 

Welcome Financial Services Ltd

Compliance Department

Mere Way

Ruddington

Nottingham

NG11 6NZ

 

 

Dear Sirs

 

Account number:

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. Additionally I require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

I look forward to your reply and would ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Regards

 

 

 

Amend to suit

[wannabedebtfreesoon]

It's from an amazing thread in Legal Issues

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[caspergav]

thanks for the info,i sent my letter away to them today i will let you know what i get in return many thanks

[caspergav]

Hello again wannabedebtfree,just an update on my situation,i recieved a letter back from welcome today,the letter is as follows:

 

Subject access request-account xxxx163,xxxx503 (they have 2 accounts) because i cancelled first ppi and they made a new one which i never seen)

 

Thank you for your letter received 16 June 2010 requesting information held by welcome financial services ltd.

 

In order for us to carry out your request please can u issue the relevant fee:

 

1) £1.00 will entitle you toa statement of account and loan agreement under the consumer credit act.

 

2) £10.00 for a full Data Protection request, where we provide all information held by welcome financial services ltd.

 

Cheques should be made payable to welcome financial sevices ltd.

 

PLease note that we cannot process your request until we have received the relevant fee.

 

Yours sincerely

 

Adam Newstead

Customer Complaints Department

[Indebted1971]

do not send them a cheque for that fee whether it is for the £1 or £10 as they are well known for copying and pasting your signature off letters and cheques. In any letter you do send them only print your name do not use your signature and put a line through it also. When i requested my CCA and SAR from them I used postal orders

[wannabedebtfreesoon]

Hello again wannabedebtfree,just an update on my situation,i recieved a letter back from welcome today,the letter is as follows:

 

Subject access request-account xxxx163,xxxx503 (they have 2 accounts) because i cancelled first ppi and they made a new one which i never seen)

 

Thank you for your letter received 16 June 2010 requesting information held by welcome financial services ltd.

 

In order for us to carry out your request please can u issue the relevant fee:

 

1) £1.00 will entitle you toa statement of account and loan agreement under the consumer credit act.

 

2) £10.00 for a full Data Protection request, where we provide all information held by welcome financial services ltd.

 

Cheques should be made payable to welcome financial sevices ltd.

 

PLease note that we cannot process your request until we have received the relevant fee.

 

Yours sincerely

 

Adam Newstead

Customer Complaints Department

You know what?? I am getting absolutely sick and tired of these thickheads and their ignorance!!!

 

Does their stupidity extend to such lengths that they can't even read a letter without screwing up???

 

What part of "I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16)" did they not understand???

 

Sorry, I just get so mad with their rubbishy stalling tactics and patronising bullcrap

 

You are apparently not the first person to get this exact same reply letter today!! I'll copy what I said on the other thread

 

I would say that you have 2 options really; you can either write back to them and say that your request for info was made under CPR 31.16 whereby you are permitted to request documents for inspection before starting proceedings and therefore no fee is payable.

A fee is only payable if it was a request pursuant to the Consumer Credit Act 1974.

 

It's true they absolutely don't have to give the agreement just by you writing and asking for it under CPR 31.16, but it seems fair that you give them the opportunity to voluntarily hand it over before going in all guns blazing with an order for disclosure from the court.

 

Or the second option would be to send the follow up letter which says, "I still haven't received the copy I asked for and if you don't give it I'll just have to apply for it via an N244 from court."

 

Have you had chance to look through this thread, it's really useful??

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

[caspergav]

yeh i had a wee look through the thread thank-you there was some interesting things in it i will do the first option so that i have a build up of wee letters for the court but i could however put the 2 options together saying...

 

and say that your request for info was made under CPR 31.16 whereby you are permitted to request documents for inspection before starting proceedings and therefore no fee is payable.

A fee is only payable if it was a request pursuant to the Consumer Credit Act 1974. If you dont give it i will just have to apply for it via an N244 from court

 

PS thank-you so much for your help,your amazing

[wannabedebtfreesoon]

Sounds like a plan to me

You're welcome

[caspergav]

Hello wannabedebtfreesoon hows things i sent that letter away again and guess what lol,,i got the exact same reply back except this one was from a different person should i just send the same letter again and just keep building up letters to take to court thank-you

[wannabedebtfreesoon]

Hello wannabedebtfreesoon hows things i sent that letter away again and guess what lol,,i got the exact same reply back except this one was from a different person should i just send the same letter again and just keep building up letters to take to court thank-you

Hello Caspergav, things are really good thanks

 

The utter stupidity and ignorance of these lot never fails to astound!

 

Well it's entirely up to you what you would like to do next, you can send the same letter again or send one that says something like:

"I regret to note that you have failed to supply me with the document I requested pursuant to my CPR 31.16 request dated XXXX, should you not forward the aforementioned document to me by XXXXX(7 more days), I will be left with no option but to make an application to the court to enforce your compliance."