Welcome Finance Car Termination

[goldplating1]

Hi, Beyondhope, The letter was dated the 9th and the envelope also dated the 9th sent to us 1st class normal delivery. 23rd letter they said they sent out on the 23rd we never have received this.

[goldplating1]

Hi Cyril, I understand you fully what you are saying and we aren't giving it back any time soon anyway till we have received some sort of letter from them. They are trying to screw us anyway, so we have nothing to lose as the default is now on our files and they have messed that up already. We don't want the ball to go back in there court so sod them and they can wait. They are saying we were no longer entitled to VT as they had terminated the contract back in June on the 23rd. But we received no letter stating this. The letter dated 9th June was also stamped 9th June as we still have the envelope to. So 14 days should of been the 24th as we would of only received it on the 10th June? Maybe I'm wrong, but that's just my thought.

 

Thank you for your reply.

[goldplating1]

Glad im not alone in my train of thought

 

It has to be your decision ultimately goldplating1 as its you that has to deal with it all

 

And my decision after yours and wannabe and cyrils good advice is SOD 'EM they are waiting till we know exactly what's going on lol

[beyondhope]

I'll be honest although default notices need to contain all prescribed terms and accurately I would say the 2 days short is a small complaint in comparasion to the fact an agreement was made and they continued to terminate anyway without your knowledge entirely given they didnt mention anything during the call and you never received the letter and they continued to accept payment. I have to admit I do agree that without the car your bargaining tools are abit short and they will no doubt continue to ignore you, but I would imagine unless you can get them to agree in writing the only way this will be sorted is court. I would also consider making a complaint to fos now as well in case you do decide to start a court claim you can at least say you tried with them first

[beyondhope]

I like your style

[deho36]

Hi, I have been reading your posts and have a question being

 

Was the account more than 2 months in arrears, if not then the default notice has incorrectly been issued.

 

As far as I am aware, VT can be exercised at any time. But if Welcome issued their final demand notice, or request to take possession of the car, then your right to VT has been lost.

 

I also believe that you have been mislead by the business. You say you wanted to terminate the agreement, but they say you wanted to voluntary to surrender the car.

 

What I suggest you do is make an application to court unfair relationship claim detailing Welcomes actions were unfair and misleading. If they have taken the car, then make a claim for lose of use. If they haven't, then make an injunction to stop them taking the car.

[beyondhope]

I was under the impression that you can be defaulted after one missed payment not two, this is the first time I have seen two missed payments before a default?

 

Also dont just put in an application to the court you first need to follow pre action protocol otherwise your claim will be struck out!

[goldplating1]

Hi, I have been reading your posts and have a question being

 

Was the account more than 2 months in arrears, if not then the default notice has incorrectly been issued.

 

As far as I am aware, VT can be exercised at any time. But if Welcome issued their final demand notice, or request to take possession of the car, then your right to VT has been lost.

 

I also believe that you have been mislead by the business. You say you wanted to terminate the agreement, but they say you wanted to voluntary to surrender the car.

 

What I suggest you do is make an application to court unfair relationship claim detailing Welcomes actions were unfair and misleading. If they have taken the car, then make a claim for lose of use. If they haven't, then make an injunction to stop them taking the car.

 

Hi Deho, We missed 1 payment that was due at the end of may. They issued the letter to us to say " We intend to exercise our rights to enforce collection unless you clean the arrears within fourteen (14) days or alternatively contact us with your proposals for settlement" They told us on Saturday that we contacted them on the 23rd June and this was when they said we could pay extra £80 each month on top of our normal payment. We have had the car since March 2008 and have never missed a payment until may this year due to my wife being off work, but we did call them or they called us, we cannot honestly remember which way round as we thought it was sorted. The payment due in June was paid in normal + the extra £80 as agreed by them.

 

We knew nothing of a default until we decided that at the end of July we wanted to voluntary terminate and was told no problem. So we went to get a car on normal finance from a reputable company and passed that on Thursday. Then suddenly the finance company rang us and said we could not get the car as a marker had been placed on our files that day for a default. This is when I checked my credit file and saw it was from Welcome. We rang them and asked what was going on and they said it was due to being defaulted in June and they was taking the car back. They told us lots of different things between Friday and Saturday just gone. In the end we said we still want to voluntarily terminate and would bring any necessary payments up to date, but i was livid about the red marker. I even offered to keep the car if they removed the marker for the full 4 years. They said they was not accepting any terms from us and would accept no more payments.

 

We told them about the VT and they said they would be straight up to our house with a letter to sign to do this. Little did we know, it was a VS and we signed. We did not know the difference as it said voluntary on it and we thought that was correct.

We have hid the car and have not given it to them and had no contact since Friday where they said they wanted there car and we said no till we have seeked legal advice.

 

We have had no letters from them since the Fourteen (14) day letter just telephone contact.

 

Thank you for your reply on this.

[goldplating1]

I was under the impression that you can be defaulted after one missed payment not two, this is the first time I have seen two missed payments before a default?

 

Also dont just put in an application to the court you first need to follow pre action protocol otherwise your claim will be struck out!

 

It is only 1 missed payment with us beyondhope not 2. April was paid may was missed June was paid and July we wanted to VT.

[beyondhope]

It is only 1 missed payment with us beyondhope not 2. April was paid may was missed June was paid and July we wanted to VT.

 

 

i just wondered if i was misinformed on defaulting after 2 months because id hate to give out wrong advice there are many people posting here that have been defaulted after 1 payment so you arent alone.

 

just for a recap what letters have you now sent to them?

[goldplating1]

i just wondered if i was misinformed on defaulting after 2 months because id hate to give out wrong advice there are many people posting here that have been defaulted after 1 payment so you arent alone.

 

just for a recap what letters have you now sent to them?

 

No letters yet as we are writing out the complaint letter but want to make sure we word it correctly. A sample letter would be a massive help as I am a bit down on that sort of thing. We have the SAR letter printed out and signed ready to send first thing Monday morning Dated 09/08/2010. We couldn't send it today as the post office closes early on Saturday and I had lots to do and also no car. I am getting the letter ready to send at the same time but in a separate envelope and will send them both recorded delivery without fail.

Ridiculous being defaulted full stop when we rang and sorted it. Even if we received the letter on the 9th which we couldn't possibly have done as it was postmarked the 9th, then we still rang on the fourteenth day and came to an agreement as it states we must do. So I'm puzzled full stop.

[beyondhope]

personally i would send the telephone harrassment letter asap to stop them calling you absolutely 110% need everything in writing from this point dont speak to them on the phone at all for your own protection.

 

if you want help with a letter id be willing to give you a hand do a bullet point list of the issues you want to raise in it and ill see what i can do

[goldplating1]

personally i would send the telephone harrassment letter asap to stop them calling you absolutely 110% need everything in writing from this point dont speak to them on the phone at all for your own protection.

 

if you want help with a letter id be willing to give you a hand do a bullet point list of the issues you want to raise in it and ill see what i can do

 

That is very nice of you beyondhope. I will list the points for you very soon that I wish to put into a letter. :)

[beyondhope]

no probs im around all evening and all tomorrow evening im sure between us all we can throw something together for you to get off Monday morning, sooner its sent the sooner you can sort it

[deho36]

Sorry for the wrong info, other HP creditors tend to issue notices when account is 2 months in arrears, like BCT. Having said that a formal notice would need to have prescribed terms within it and be provided with OFT information sheet. It will also say that you can apply for a time order. Please advise if you were provided with formal notice. If not, then I suspect the info given was a arrears notice.

 

If a default notice is on your file, then I suspect one has been issued but you have not received it. If you haven't received this notice, then suggest you contact Trading standards to see what your next step is.

 

Legally, the lender can only claim for the arrears and not the rest of the agreement when minor breaches of contract have occurred. i.e. 1 payment in arrears. I have attached some case law notes that maybe of some use.

 

I believe that in your case Welcome are only entitled to claim for the arrears and not the full agreement less value of car. Please seek legal advise before you consider taking action

Termination of Hire Purchase Agreements 29 (1).pdf

[woolwich86]

dont give them the car hide it dont give it to them let them take you to court