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d0nt kn0w what t0 d0 n0w :(

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firstly please excuse my use 0f 0 instead 0f letter, my lappy had an accident with a v0dka...

 

D0nt even kn0w where t0 start with this im afraid....

 

Had my car fr0m welc0me in sept 07, we paid the payments f0r a year and in 09 we had a rewrite 0n the 0riginal l0an, we had paid 0ver 9k, when we had the rewrite. they didnt tell us they had rewr0te the interest as well which then bunked us back up t0 15k, we still c0ntinued t0 make payments f0r half 0f this year, my partner and i split in april this year an when she m0ved h0use she shredded all paperw0rk we ever had fr0m anywhere. i kn0w i dr0pped behind 0n the payments and i rang welc0me several times an was t0ld they w0uld call back.... they didnt!! i d0nt have a private driveway i live in flats with a c0mmunal car park, t0day welc0me came and t00k the car with0ut any kn0wledge that they was g0ing t0, (alth0ugh i had been expecting it)

 

i need t0 kn0w what i d0 n0w as they are claiming im still liable t0 repay the 15k l0an. im n0t currently at my h0use as im at a freinds wh0s just l0st her gran s0 d0nt have any 0f the rep0sessi0n paperw0rk t0 hand.

 

i kn0w this is a hard 0ne but any ideas w0uld be greatly appreciated.

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Had you paid over one third of the loan BEFORE it was re-written?

 

Also did you have any insurances on the loan, for example PPI, breakdown etc?

 

Did you buy the car direct from welcome car finance, or through a broker?

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Had you paid over one third of the loan BEFORE it was re-written?

 

Also did you have any insurances on the loan, for example PPI, breakdown etc?

 

Did you buy the car direct from welcome car finance, or through a broker?

 

 

yes when the l0an was re written we had paid just under 6 th0usand, the first 15 m0nths ish we paid 320 a mnth.

 

i think they had s0ld us that ppi insurance t00 at the time but we were new t0 it all an didnt kn0w what it was,( t00 sh0cked that it had g0ne thru n the furst place an we had a new car) and yes we g0t it direct fr0m welc0me at castle d0nnningt0n.

 

unf0rtunatly as i say i n0 l0nger have any 0f the paperw0rk because my ex shredded everything t0 d0 with me when we split.

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Ok first thing you need to do is get hold of copies of the paperwork.

 

use the following letter template and change it for your own details.etc.

 

dont forget to enclose £10 postal order payable to welcome finance.

 

DONT SIGN THE LETTER - and dont speak to them on the phone.

 

Here is the letter.

 

Data Protection Compliance Manager

Welcome Finance

Mere Way

Ruddington

Nottingham

NG11 6NZ

 

REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIVERY

 

GOOD HUNTING

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

 

Data Protection Act 1998

Subject access requestlink3.giflink3.gif

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with copies of all the data which you hold on me in relation to my business with yourselves.

Please note that I require disclosure of any personal datalink3.giflink3.giflink3.giflink3.gif which you hold on me for the entire period of my business with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 yearslink3.giflink3.giflink3.giflink3.gif of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

If you intend to send a reconstituted copy of an agreement you must declare the reason why it has been reconstituted and if the original exists, the type of filing system or archive the originals are stored on.

 

If it is the case that any of the requested documents can not be supplied because they have been destroyed,please indicate;

 

1.The date the document (s) was/were destroyed.

 

2.The method used for destruction.

 

3.The position of the individual/individuals tasked with destruction.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interestlink3.giflink3.giflink3.giflink3.gif charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

PRINT NAME - DO NOT SIGN

 

***dont forget not to sign, send £10 postal order, send recorded, keep proof of postage***

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I believe that if you had paid over one third on the original agreement - then the vehicle should have been "Protected" even after the re-write.

 

But will check on it and come back to you.

 

Did Welcome get a court order before they took the car back?

 

How much was the original loan for?

 

others should be along to help you soon as well.

 

Get that SAR letter sent off as soon as - we need that paperwork back.

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as far as i kn0w n0, n0 c0urt 0rder has been 0btained, they t00k the car fr0m a c0mmunal car parking area and i have had n0thing fr0m them saying they was g0ing t0 d0 s0.

 

the 0rginal l0an was f0r 15 th0usand as far as i recall but wth0ut any paperw0rk i cant give u an exact am0unt, (thats with the interest).

 

will get that sent 0ff asap.

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Report the car as being stolen, that should then stop Welcome from doing anything further to it. Don't tell the police you think it has been taken by the finance company.... you can tell them the car was on finance and you were making payments towards this.

 

Welcome know the law but choose to ignore it... they are DESPARATE for money at the moment (presumably to pay their staffs wages) so anything they can get to sell they are taking.

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Hi,

I won't pretend to be able to help but I do know someone who is(almost) going through the same thing.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?242261-Car-repossessd-off-private-property-with-no-default-or-termination-served-with-police-consent!-Please-help&p=2701896&viewfull=1#post2701896

 

What I would be trying to find out is if the communal car park is classed as private land


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Hello and welcome :madgrin:

 

Unfortunately this sounds like typical welcome behaviour, they have just recently had to repay rather a lot of money to someone for doing exactly the same thing. Looks like they haven't learned their lesson! :mad2:

 

I would think your most valuable argument would be that you had already paid a third on the first agreement, but there are certain requirements that apply in order for that to be effective. It must be that the car was unchanged and the parties to the agreement were unchanged, the only difference between the first and modifying agreements should be the agreement itself. As long as everything else remains unchanged they would not be able to repo the car without a court order.

 

It is vital that you check beyond doubt how much you paid on the first agreement. How long was it for and how many payments did you make? Having PPI on the agreement will affect how much off the car you have paid too.

 

Did you receive a default or termination notice prior to the repo??


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