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Help with Default Notice


Stef1985
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Hi, received a default notice on the 10 July, that was dated 02 July saying i had 14 days to make payment.

 

Also the figures in the default notice dont add up, please can someone take a look and see if you can help me out here,

 

Regards

Stef

 

P.s. This was from Welcome Car Finance and we still have the car

 

30bfejr.jpg

Edited by Stef1985
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Hi

 

Could do with as much info as poss.

 

Could you post up the agreement(minus personal info) if you don't have it you can send a CCA request to get a copy from them.

 

Have you paid a third see under repossession your rights on your agreement, looking at the notice its appears you have but need to make sure, do you have a statement listing all your payments? if not it may well be worth sending them a SAR to get all your info from them.

 

If you have paid a third or more and your agreement is regulated by the consumer credit act it will be known as protected goods they will not be able to touch it without a court order. (there are options)

 

Need to see the agreement to know for sure

 

CB

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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Have you got the envelope the default notice came in, may help to confirm the time-line.

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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Hi,

 

Thank you all so far,

 

Yes i have the agreement i have attached it to this reply, as things stand i have paided more than 1/3.

 

I only have recent statements as i never used to get any up until the last year.

 

I have the envelope it came in but has no date on it just a code, im hoping should it go any further this code can be traced, i think they may have prepared it on the 02 July and forgot to send it. But i have no prove of this.

 

2ecka9s.jpg

 

33lp753.jpg

Edited by Stef1985
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This really doesn't make sense :confused: How many months in arrears are you?? 16?? Surely not!! Is this the first DN you've received?

 

There also appears to be a difference between the amount left to pay on the agreement compared with what they say is outstanding of £1824.17! Charges??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Did you ever reclaim PPI??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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This is my argument to them if i was 16months in arreas why havent i gone to court, this is my 1st DN.

 

This is also the same loan originally taken i have never increased it.

 

I havent claimed back the PPI, but i have noticed that when i do pay them they still request £303 which is the amount including PPI and the other insurances i know little about, which were only for a 48 month period so they are over now.

 

Funnily enough they keep asking me to settle at £3800,

 

I dont understand where any of the figures are coming from

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Did you actually request the PPI when you took out the agreement??

How many months payments have you actually missed??

 

Do you have any statements you could post up??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I never requested it,

 

I already insurance that would have covered but got told i needed it due to my job or something like that.

 

I havent paid for the last 3 months as i dont get what they are playing at they was pratically begging me to settle for £3800 but it all seem a little strange and they have stopped chasing me for the past 2 months.

 

i only have recent statments i never use to get any up until the last year.

 

i very much doubt i have the arrears they say i have

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Sounds like you have a good case for PPI misselling! Reclaim it!!

 

It looks like they are asking for the full outstanding balance, but if you have made all apart from the last 3 there's no way that can be the outstanding balance!

 

48 month agreement taken out in June 2006, you should only "allegedly" owe 3 or 4 months in total :confused:

 

Can you post up the statements you have, the more info the better ;)

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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OMFG!!!!! I cannot believe the amount of charges and ad hoc fees they have been adding to your account every month!! They must be totally off their heads! :mad:

 

If I were you I'd do a subject access request, a consumer credit agreement request and then get all your fees/charges reclaimed and get your PPI reclaimed!

 

There's very little they can do now that they haven't already done, I suspect your credit file is trashed. They can definitely not repo your car without a court order, but there's no way they'd risk going to court and have that agreement, DN and statement to come to light!

 

I suspect when you have reclaimed everything that you're entitled to reclaim it'll end up with them owing you money! ;)

Be prepared for a big effort though, they don't pay up easy. Just get it done quick before they sell your debt on to a DCA!!!

 

The robbing barstewards!!!!

I HATE WELCOME FINANCE :-x

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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They really are proper idiots!! :D

 

If I were you I'd send off for a subject access request, this will give you all information welcome hold on you. From that you should be able to work out the extortionate figure they have added to your account in unfair charges.

 

You also should probably send a Consumer Credit Agreement request.

 

Get a letter off asap requesting a refund of PPI due to misselling.

 

You will find template letters in the cag library for all of the above :)

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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What they mean by 'respond' is to pay the amount outstanding that they are are requesting on the DN. It's entirely up to you if you want to do that!!

 

It is possible to make a payment less than the full amount but then they will just send you a new DN and the process will start all over.

 

In my opinion you'd be better off going on the attack and getting all the issues resolved.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I simply cannot beleive the charges being applied on that statement.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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what i dont understand is that everything they do they bill it again as capitalisation.

 

can anyone explain this??

 

eg.

 

20 June - Option to purchase fee - £100

20 June - Capitalisation - £100

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  • 4 weeks later...

Hi, I received my SAR from welcome finance but this is a very large document that i dont know where to start with.

Today i received a Final Demand from a Lewis Debt Recovery, this is there 1st point of contact with me.

The letter is dated 6th August 2010 with a payment demand for the 13th August 2010 as i was only received on the 11th August 2010 there is no way i could meet there demands.

Im sure i have read elsewhere that they are not allowed to that.

 

The demand is for £6359.62, which again doesn't seem to make any sense.

 

Can anybody help me out with what to do next??

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Lewis have only sent a demand so far,

 

I really need to know what to do next as there is some crazy reading in my SAR, Welcome have been charging me for site visits to my 2 previous address's even though they have my current address from day 1, also i have charged for calls that have not connected even though a manager has made notes on there Data that they should be refunded if not connected, aslo i have been charged for something called O2 Payer Descesed which was for nearly £300.

 

Plus there was a credited on my account for nearly £8000 which they deducted after a couple of months with a note saying payment was made on wrong account.

 

The records they have given me show my account to be in a complete mess and show them up as been seriuosly unprofessional

 

So who do i take this to and what is my next cause of action

 

Cheers

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