car repossed and charged for scratches

[Megbell]

My partner took out hp on a car a few years back from approved car finance (welcome finance), he didnt understand the terms and conds still doesnt to this day, we took out all the insurances including ppi just incase he got made redundant, we kept up with the payments, then asked for a reduction on the payments my partner went to the office to reduce the payments and was told to sign a piece of paper (he is dyslexic and didnt have his glasses on) he signed the amended contract which he understood to be just reduced payments but to be payed back over a longer time, not knowing that they had cancelled the ppi (only the ppi) as the amount had not been reduced at all they failed to notify him they had cancelled the ppi. He carried on with the payments and got made redundant he is now on disability allowance we put in a claim for our ppi thinking we still had it as we hadnt been informed that it was cancelled, only to be told that we didnt have ppi but we still had the other insurances (coincidence that the only insurance we needed at that point had been cancelled) after going to the fos and being referred to different people over a course of 2 years they said my partner was at fault as he signed to cancel the ppi on which he had no knowledge of cancelling, during that time we have had various red letters from a debt company acting on their behalf demanding payment in full money we dont have being made redundant and being on disability, they told us to write to cancel the agreement (basically told we didnt have any choice but to write and cancel) didnt hear anything back from them, then out of the blue an rac man turned up to inspect the car, couple of weeks later welcome had added about £2000 on top of the finance for scratches and fag burns which were already on the car when we purchased it they said they will be carrying out the repairs and will send us the bill which they added onto what we owe, couple of weeks after that a man turned up out of the blue and repossed the car, we were not informed and didnt know what to do, who to phone so reluctantly handed over the keys, the man who was kind said there will not be any repairs made to the car it was going straight to auction, so why are they trying to charge us for work that isnt going to be done? and why are they still trying to charge us for a car we no longer have? i have no idea how i am going to pay them, i thought we was safe taking out and paying for ppi only to be told it is cancelled without our knowledge. We have no idea what to do, have considered bankruptcy?

[beyondhope]

firstly dont worry where theres a will theres a way.....when our car was taken by wfs it was in need of a new wing and front bumper (snow tut) and we havent been sent anything requiring us to pay anything! do you have copies of your agreements? did you receive a default notice? a termination notice? did you write and cancel the agreement?

[Megbell]

Yes we have copies of the agreements after asking for over a year, we didnt recieve a default notice they just turned up out of the blue to inspect and collect, we didnt get a termination notice and we wrote a letter of voluntary cancellelation but they said over the phone that we cannot terminate the contract unless we paid just over £2000 that day, so as far as i am aware because we couldnt come up with that cash the contract couldnt get cancelled.

[beyondhope]

Yes we have copies of the agreements after asking for over a year, we didnt recieve a default notice they just turned up out of the blue to inspect and collect, we didnt get a termination notice and we wrote a letter of voluntary cancellelation but they said over the phone that we cannot terminate the contract unless we paid just over £2000 that day, so as far as i am aware because we couldnt come up with that cash the contract couldnt get cancelled.

 

so they havent defaulted....havent terminated....therefore havent repossessed!

I would strongly recommend getting a SAR and finding out under what circumstances they have 'collected' the car as they cant have legally repo'd it as they didnt default or terminate and if as you say you werent allowed to voluntary terminate what reason do they have to collect the car!!

[Megbell]

Ok so i will get a SAR, im dealing on behalf of my parnter who is dyslexic im at my wits end trying to sort this out, the paper work i have got which is very little as my partner sent all his orignal documents to the FOS like a dumba** is just arrears letters an one saying we can pay them "a brilliant offer of £1900" and a form from who collected the car saying he collected it on basis of vt/vs, but we have never had a letter off welcome to say they have accepted our volutary termination cause they said they couldnt terminate unless we paid them half, most of the dealings were over the phone as my partner cannot write letters, i dont think im going to get anywhere with this as i have little paperwork and its been so many years its hard to remember everything

[beyondhope]

Ok so i will get a SAR, im dealing on behalf of my parnter who is dyslexic im at my wits end trying to sort this out, the paper work i have got which is very little as my partner sent all his orignal documents to the FOS like a dumba** is just arrears letters an one saying we can pay them "a brilliant offer of £1900" and a form from who collected the car saying he collected it on basis of vt/vs, but we have never had a letter off welcome to say they have accepted our volutary termination cause they said they couldnt terminate unless we paid them half, most of the dealings were over the phone as my partner cannot write letters, i dont think im going to get anywhere with this as i have little paperwork and its been so many years its hard to remember everything

 

Im here on behalf of my husband too who has no extra need he is just a dumba$$ lol

oooo so they have stitched you into a VT....had you paid 50% by then?

the FOS will return paperwork if requested - it cost them the best part of £3 to return ours 2nd class when they refused to advise LOL

dont worry about whats gone on so far just get a sar in (template at the top of the welcome forum but if you are stuck give me a shout and ill post it here) and we can take it from there, the sar 'should' give you all the paperwork you need (plus definitely ask the fos for your copies back)

[Megbell]

Thank's and we hadn't paid 50% by then werent far off it tho

[beyondhope]

I wouldnt even like to try and guess what they are up to/been up to defo get the sar off and request documents back from fos as well hopefully the sar will come quickly and will be plenty of ammo to sort this for you

[Sand-Dancer0191]

If no DN and termination notice was issued surely this is an unlawful recission of contract

[beyondhope]

If no DN and termination notice was issued surely this is an unlawful recission of contract

 

generally i would agree but as the op has been tricked into signing VT i dont see how you could prove that as the car hasnt been repo'd

[wannabedebtfreesoon]

Maybe the question of 'informed consent' might be raised??

What did the letter of cancellation actually say? Were you actually made aware of what the consequences were of that action?

If it were me I would go for unlawful repo under sec 90 as there wasn't informed consent when handing the car over as long as the cancellation letter didn't state something like "please accept my termination of this account and come and collect the car"!

Alternatively Sec 140 Unfair Relationship. Court is the only language these criminals understand, the FOS and the like will be less than useful.

 

Just my thoughts as usual