Vehicle Re possesion - Welcome Finance

[czt21r]

Hi - if I have fallen into arrears whilst a complaint is ongoing with Welcome finance which is currently being investigated by FOS, can Welcome apply for a court order to re posses my car? I have paid over a third of my term which is due to end next year

[wannabedebtfreesoon]

In short yes they can but more than likely they won't!

 

If you want to give more details I'm sure somebody would be able to help

[beyondhope]

I agree with wannabe they 'should' but that doesnt mean they will.

Are the arrears due to circumstances or because the account was in dispute? Are you currently paying for the car at all?

[czt21r]

In short in Oct 2007 I took out HP with Welcome finance for a car. I took out Mechanical Breakdown (MB) with this as the sales advisor stated that I would not be granted credit without this added on. The car fell into difficulties and we tried to claim on the MB on several occasions without any luck (when the problems with the car were covered in black and white in the policy) I logged a formal complaint with Welcome head office in Oct 2009 after the car failed its MOT. The complaint ran and ran and I was passed from pillar to post, I have ceased payments (current arears around £700) until a suitable resolution was made and the case is now with FOS. I have missed 4 payments and have been issued with a default notice followed by a termination letter and the balance is due in full, even though payments were held as the case was with FOS???? I have paid +5k off the £8000 starting balance and only have £3000 left to pay with 15 months on the term. I need help as they have threatened to take my car away and after paying 5k I am not giving up without a fight!

 

Also, I changed my payment date a few months into the agreement to suit my pay date, this was agreed by them as fine and was done. Upon checking a recent statement they have added £12 per month as a late fee which is not in the terms and conditions anywhere and was never explained to me? I have therefore paid hundreds if not thousands in late fees, where this money has gone I have no idea but I am currently drafting a SAR (Subject Access Request) to them under the DPA act 1998 section 7 to find out why. They have also requested I sign a new contract but reluctant to do without legal advice first.

Edited August 24, 2010 by czt21r
more info

[beyondhope]

Have a look HERE

[beyondhope]

If you are already on a modified agreement why do they need you to sign another? Do you have this offer in writing?

 

You can claim back all the charges (unlawful) and MB cover (missold) I have a feeling this would considerably reduce your balance.

 

My concern is that you are witholding payment which means they will at some point come and take your car (whether they do this by the book is a whole other ball game) whilst you are refusing to pay for whatever reason they are at liberty to chase the arrears. Now they have terminated you are released from the liability to pay by monthly payments. If the default notice is defective, which it probably is, and they have terminated from that default notice all they are entitled to are the arrears at the time of the default notice.

[czt21r]

I do not have this offer in writing no, the deadline for the FOS complaint is this week and they have not issued a final response to myself or FOS, so FOS will be now be persuing on my behalf. The arears at the time of the default notice was around £700. I would rather they took me to court at this stage as the actions they have taken in dealing with complaint since Oct 2009 are beyond belief and the whole thing stinks

[beyondhope]

The point is though they may come and lift the car without going to court, its happened far too many times......admittedly theres nothing stopping you fighting after the car is gone in fact it strengthens your case that they are playing unfairly but you really need to determine whether the you want to keep the car or let it go and then fight it out. I would go back to the fos and remind them you have been threatened with repossession and collection activity is continuing and you are concerned the car will be lifted whilst you are trying to sort the issues surrounding the agreement. I hope the fos come up trumps for you but if its contract related I have to say they dont have a good track record!

[czt21r]

I am not willing to let them take the car without gaining a court order, but I am scared that they will and not even notify me that they plan to do this, if they do notify me I am willing to negotiate whilst my complaint with FOS is ongoing. I have told my local branch office that they need a court order and they agreed, but said they dont like to do this if its avoidable and i have not heard back from them? I hope FOS sort this matter out its getting me down. Many thanks for all your advice

Edited August 24, 2010 by czt21r

[beyondhope]

I am not willing to let them take the car without gaining a court order, but I am scared that they will and not even notify me that they plan to do this, if they do notify me I am willing to negotiate whilst my complaint with FOS is ongoing. I have told my local branch office that they need a court order and they agreed, but said they dont like to do this if its avoidable and i have not heard back from them? I hope FOS sort this matter out its getting me down. Many thanks for all your advice

 

You fear unfortunately is exactly the way they tend to go about things....where is the car parked? is it on private property?

[czt21r]

The car is on Private property

[beyondhope]

The car is on Private property

 

fab news

[czt21r]

Fab news for me and locked in garage at night! Thank you for your help, I hope FOS get this sorted and I hope other people in my circumstances with Welcome finance dont give up!

[beyondhope]

Fab news for me and locked in garage at night! Thank you for your help, I hope FOS get this sorted and I hope other people in my circumstances with Welcome finance dont give up!

 

 

Best of luck, give FOS a kick up the butt

[ptol]

They have also requested I sign a new contract but reluctant to do without legal advice first.

 

Under most HP contracts, once you have paid 50% of the total ammount, they cannot reposess without a court order. At the moment, i believe you have that protection. Sign a new contract, and i am not so sure...

[beyondhope]

*duplicate*

[beyondhope]

Under most HP contracts, once you have paid 50% of the total ammount, they cannot reposess without a court order. At the moment, i believe you have that protection. Sign a new contract, and i am not so sure...

 

 

It is actually once you have paid a 1/3 of the agreement they require a court order to repossess (its 50% for voluntary termination)

[czt21r]

Many thanks. FOS are still investigating so hopw all goes well.