due to take the car 30th

[davebutton]

Ive left it a bit late, been trying to get the money together, but received a letter on the 15/09/2010, Notice of Sums in Arrears, saying that opening balance £19,282.50 Shortfall for the purpose of this notice £542.66,, got made redundant in 08 fell behind in payments had a new agreement done and got back on my feet, again lost my job, have got new job but fell behind with payments again, asked the lady on the phone for my agreements, and she sent me these, have just put the sar request together, sending it off at the end off the month, have also read that I could claim ppi back, but that can be done later, both me and the other half work full time 4 kids in school, it would wreck our lives if they take this car, its been driving me crazy the last few days, and then came across this section, has cheered me up abit but not sure were to start, they said i have not paid enough for them not to get a court order to reprocess, but the car is on a drive, I think they need a court order for that, please help

 

[dadofholly]

Ive left it a bit late, been trying to get the money together, but received a letter on the 15/09/2010, Notice of Sums in Arrears, saying that opening balance £19,282.50 Shortfall for the purpose of this notice £542.66,, got made redundant in 08 fell behind in payments had a new agreement done and got back on my feet, again lost my job, have got new job but fell behind with payments again, asked the lady on the phone for my agreements, and she sent me these, have just put the sar request together, sending it off at the end off the month, have also read that I could claim ppi back, but that can be done later, both me and the other half work full time 4 kids in school, it would wreck our lives if they take this car, its been driving me crazy the last few days, and then came across this section, has cheered me up abit but not sure were to start, they said i have not paid enough for them not to get a court order to reprocess, but the car is on a drive, I think they need a court order for that, please help

 

[ATTACH=CONFIG]22144[/ATTACH][ATTACH=CONFIG]22145[/ATTACH][ATTACH=CONFIG]22146[/ATTACH]

 

Do you know how much you have paid?

 

Also you say you think you have PPI - have you tried to claim on this for your redundancey?

 

You say the car is on a drive - is it your drive and is it your private property?

 

When you purchased the car did you get the finance via a broker or did you arrange the finance direct with welcome?

 

Is this the original loan or has it been re-writen since you first had it?

 

sorry i know its a lot of questions but all helps.

 

IF the car is on your private property they can not take it with out a court order - your problem may be using it.

[davebutton]

got the car at the welcome car showroom lakeside, the loan was re-written on 10/09/08, the files attached dont seem to come up, have used flikr to upload scans, the house is council property, not sure how much ive have paid, just tried to do some caculation, looks like i have paid 9k 380.20 x 24 and 4k 193.63 x 24

[davebutton]

I did say to them I had paid alot, they said not enough, to get a court order

Edited September 27, 2010 by davebutton

[dadofholly]

I did say to them I had paid alot, they said not enough, to get a court order

 

You say you paid 9K and 4K

 

Was the 9K on the first loan and the 4K on the re-write?

 

Also how much was the first loan for?

 

If you have paid over a third on the first loan then the goods are protected - whether you have it re-written or not.

 

sounds like they are claiming you have not paid one third on the new loan. This might be true - but if you paid one third on the first loan the car is protected and they can not touch it. But beware this does not mean they wont try and take it.

 

Also if the drive is not a public access - and forms part of your home it is private property and they can not remove it without a court order.

[davebutton]

going to give them a call today, to see if they can give me a total what I have paid, and a bit of a long shot if i can pay the £542.66 on 15th as me and the partner both get paid, really need to keep this car as we will both have to give up our jobs if they take the car

[davebutton]

cant ssem to get the big pictures up from scan, here is link to flicker page with 3 scan of the agreement the lady sent me, it wont let me post link to flickr as ive not had more then 20 posts, flickr account is davebutton if that helps

[wannabedebtfreesoon]

You say you have received notice of sums in arrears but have you received an actual default notice?? They can't take the car if they haven't sent a default and termination notice. What makes you think they are coming on the 30th?

Don't listen to anything they say on the phone, they are a bunch of scheming, cheating liars!

 

From what you have stated so far I would think that they do not have any right to take your car UNLESS you give consent. DO NOT GIVE CONSENT!!!

 

In order for them to legally remove your car against your wishes they need to follow a specific process:

 

• Service of a compliant default notice allowing 14 clear days for you to pay arrears
  
• Service of a termination notice
  
• If more than a third has been paid on EITHER the first OR second agreement they need a court order
  
• If the car is not on a public highway they will need a court order in any case, irrespective of how much has been paid.
  

Keep the car on your drive wherever possible because, for some reason, I doubt very much if they will touch it unlawfully whilst it is on your premises

[davebutton]

cheers for reply, have had two letters one saying "without prejudice" and the other is a default notice served under section 87(1) dated 15 sep 2010, saying i have 14 days to pay 474.56,

 

total amount payable under agreement(less any installation charge) 23236.80

total amount that you have paid by date of the giving of this notice 3979.16

 

Payment to be made

arrears 474.56

outstanding balance under this agreement 19282.50

less rebate allowable in future installments (6468.00)

less insurence rebate 0000.00

total amount to be paid 12814.00

[dadofholly]

How much was the original loan for?

 

And am i correct that you have paid £9 off the previous loan?

 

What does the without prejudice letter say?

[davebutton]

its says failure to read this letter may result in legal proceedings,you are hereby served under section 87(1) fo the cusumer credit act with attached default notice. we intend to exercise our rights to enforce collection unless you clear the arrears within 14 days, or alternatively contact us with your proposals for settlement. be advised that should you fail to contact us and legal action becomes necessary we may applythrough the courts for an attachment of earning order to made a deducted via your employers.

 

then its goes on to say you ave the right to end this agreement in short will have to pay 12814.50 to end this agreement

[davebutton]

just rang them to find out how much of the first agreement I have paid, they dont know, but can send a statement out, will be to late then the car would have gone, have asked if i can make a payment on the 15th, but he said once the notice is in force they cant back out, notice runs out 29th

[wannabedebtfreesoon]

Is it possible for you to make a small partial payment before the 29th?? I only say this because if you make any payments following the service of a DN they will have to re-issue the DN because the first one will be invalid due to overstating sums due and thus giving you the time you need to pay the arrears.

[dadofholly]

just rang them to find out how much of the first agreement I have paid, they dont know, but can send a statement out, will be to late then the car would have gone, have asked if i can make a payment on the 15th, but he said once the notice is in force they cant back out, notice runs out 29th

 

Looking at the agreement - if you have paid £9K before the re-write you have paid approx half. THEY CAN NOT take the car with out a court order.

 

Who has been calling you/ sending letters - is it local branch or head office?

[wannabedebtfreesoon]

Looking at the agreement - if you have paid £9K before the re-write you have paid approx half. THEY CAN NOT take the car with out a court order.

 

Who has been calling you/ sending letters - is it local branch or head office?

Wholeheartedly agree, in fact they have just had a massive ticking off from the Ombudsman for doing exactly that. The choices are yours and the course of action you choose now depends totally on the outcome you want from this.

[davebutton]

unit 2 Stanton gate, mawney road romford essex rm7 7hl got statments from customer relationship centre nottingham

[davebutton]

just wanna keep my car and my job, its driving me and the other half nuts, we having soo many aguments because of this, I cant stand this much more just wanna get on with my life,

[wannabedebtfreesoon]

Have a read here:

Welcome Finance - Hp - Ucan car ***WON***

[davebutton]

yeah read that, it made me have hope, just cant see a way through this, just noticed that the number to ring nottingham is the same as the romford office,

[wannabedebtfreesoon]

just wanna keep my car and my job, its driving me and the other half nuts, we having soo many aguments because of this, I cant stand this much more just wanna get on with my life,

Well in that case I would recommend you do what you can to make some kind of payment before the 29th, it doesn't have to be the full amount at all; any amount will invalidate the DN and give you the time you want to make up the arrears and continue on as before. It will also prevent a default being registered against your credit file.

 

I would just like to point out the other options though just in case you change your mind

 

As long as you have paid more than a third on the first agreement and it is for the same car as on the modifying agreement they are not lawfully entitled to repo your car without a court order. However, they believe they don't need a court order and it is possible that they will repo anyway, in that case you will be entitled to all your payments returned and possibly the value of the car too depending on how you want to play it.

 

There is of course a lot of difficulty involved in choosing this route, but it is entirely your decision and I wouldn't like to suggest you do anything that will cause upset and disharmony within your family.

[davebutton]

off to work now till 10 tonight hopefully I will get through to someone who knows how much i have paid on first agreement.

[wannabedebtfreesoon]

off to work now till 10 tonight hopefully I will get through to someone who knows how much i have paid on first agreement.

Well if it was a 48 month agreement you need to have paid at least 16 payments for a third to have been paid if there was no deposit or part ex.

[dadofholly]

unit 2 Stanton gate, mawney road romford essex rm7 7hl got statments from customer relationship centre nottingham

 

Ok this is a local branch.

 

What i would do now is contact and complain to your local trading standards office - then do the same with the OFT (Office of Fair Trading). Explain the situation and that you have paid half off the original agreement - and now they are going to repossess based only on payments made for re-write.

 

Once you have complained to both, (Get reference numbers or names if you can) - telephone welcome head office on 0115 984 9200 and ask for the complaints team. Get the name of the person you speak to. Tell them you wish to lodge urgent complaint and explain complaint - tell them you have complained to Trading Standards and the OFT. (If either of these give you any advice quote this too).

 

Make sure they understand that the car is protected and you will be taking legal action against them if they attempt to take the car. Also tell them that you will be reporting a matter of theft to the police should they take the car.

 

then come back here - you have loads of crap insurances etc. on your agreement and i would bet that there secret undeclared commission payments. so we may be able to help get rid of those and reduce your payments.

 

On this the law is on your side.

 

Here is link for consumer direct - give them a call.

 

http://www.consumerdirect.gov.uk/contact

Edited September 28, 2010 by dadofholly

[dadofholly]

Well if it was a 48 month agreement you need to have paid at least 16 payments for a third to have been paid if there was no deposit or part ex.

 

 

Hi Wannabe

 

He sent me copy of agreement as he could not get it to post here. It has total payments due of just over £18K and says he has repaid approx £9K

[applecart]

Hi Davebutton

 

Notwithstanding other comments you have received and to be fair I haven't read them all - so apologies if I am simply repeating any of the information : 0

 

But....

 

I had a quick look at the information to be found on your default notice; they have stated the 'default sum' as the same amount as the 'arrears sum' - this seems totally untoward and cannot be correct.

 

A default sum should be the amount they have charged you for being in arrears - and they can only charge you a default sum or indeed send a default notice after such time as the 'default sums' amount to the prescribed amount as prescribed by the secretary of state (from what I have found out; it would have to be more than between £50 to £100 of charges long before they can serve a default notice).

 

Then take into account default sums can only be applied to your debt at timely intervals (I think this is about 1 every six months - Please check the CCA 2006 to be 100% sure of this titbit) - so where lenders send you a letter on a daily or weekly basis or make chargeable phone calls to you in order to arrive at the prescribed amount before time - this is unlawful too.

 

Effectively, the default notice may have been sent at the wrong time and potentially advises you of the status of your account with them incorrectly - where on earth are you expected to find £400 odd pounds in 14 days - what do they take you for? a bank!! - Sounds like they need to get thier facts and administrative practises right first!!!

 

Apple : )