welcome finance issues - now MKDP

[Angel104]

I have just noticed on the HP agreement that we are paying interest at 28.5% talk about a rip off.

[sillygirl1]

Have you taken the recorded message to Trading Standards? It's very much against the OFT regulations, because they've left it they knew it was being recorded so if they try that one on it will be dismissed...

[Angel104]

Yes I have contacted the trading standards and I am waiting to hear from them.

[Angel104]

Can anyone tell me if welcome finance should have issued a default notice.

[rory32]

Yes they should have issued a default notice if they want to take any action against you. This is a legal requirement. It quite clearly states this in s87(1) of the Act.

[Angel104]

Well it all kicked off today.

 

Welcome finance turned up and said they wanted the car

 

 

I told them they need a court order

 

I also mentioned that we have had no default notice.

 

Man said he did not need a court order and demanded the car keys

 

once again I told him to get a court order and closed the door.

 

Next thing welcome had the police out

 

I explained it all to them and told them that welcome were tresspassing

and I wanted the man removed.

 

Man from welcome went and things went quiet.

 

In the meantime I telephoned the financial ombudsman

 

 

who said he would contact the head office at welcome

 

and tell them they were acting illegally.

[sillygirl1]

Well done! Did you tell the Financial Ombudsman about the telephone call? I am sure they would like to listen to it.

 

Welcome were well out of order coming with the police, you also want to lodge a complaint with the local police about them 'supporting a vehicle theft'. That should put the cat amongst the pidgeons.

[ananya]

I cannot believe they can stoop so low.

 

Well done Angel104

[postggj]

what gets me is that welcome show contempt for the law in every aspect of consumer credit/data protection act law

why do they continue to get away with it

[ananya]

I have just noticed on the HP agreement that we are paying interest at 28.5% talk about a rip off.

 

Hubby has a car financed through First Response and the APR is 35.9%

[rory32]

Welcome were well out of order coming with the police, you also want to lodge a complaint with the local police about them 'supporting a vehicle theft'.

I couldn't agree more with this. Make sure you make a complaint to the police.

[maybelline]

angela104, I didnt think I could still be shocked by what Welcome Finance do - having the nerve to come for the car and involve the police, all quite unlawfully!

 

good luck with your fight:)

[Angel104]

Following the recent antics of welcome finance and my complaint to the financial ombudsman

 

today we received a nice letter from the compliance department of welcome's head office.

 

They said that they have launched a full investigation and

 

that while it is going on they have told the branch in question

 

not to have any contact with us whatsoever.

[ananya]

Good luck Angel104 and I hope the outcome is favourable for you

[rory32]

Threads merged

[Angel104]

We have a car on finance with welcome.

 

We have paid over a third on it.

 

My husband then lost his job so in March this year we wrote and asked them to take the car back

and we have heard nothing- we know they got the letter.

 

We have made no payments on it for nearly a year

 

We have heard nothing from welcome finance

they issued no default notice or contacted us in way

 

I would like to know where we now stand legally on this due to the fact

 

that they have not chased us for any payments or attempted to take the car back.

[moggy490]

Hi my ex partner had exactly the same issue with them, asked them to fetch the car and they point blank said no, therefore he sold the car and never heard nothing from them again,

However i've just gotten a copy of my credit report and they have given ME a ccj even though i,d never entered into any agreement with them.

 

So my advice would be to keep on driving it.

[Angel104]

Back in January this year we wrote to our local welcome finance office

 

said because my husband lost his job we could not keep the car

 

and asked them to take it back.

 

We have heard nothing more from them

 

we have not made any payments for 1 year and

 

they have not chased us for any.

 

Now they are telephoning us demanding payment.

 

Where do we stand legally?

 

We have paid over a third of the payments.

[postggj]

hi angel

 

did you do a voluntry termination

[postggj]

do you still have the car or did they take it back

[Angel104]

We still have the car.

 

 

I just find it strange that they are suddenly demanding payments when they have not chased for any for 1 year.

[postggj]

this is interestingyou have not made payments in a year, you still have the car and have only just contacted you over payments.

 

you say you have paid a third off the agreement.

thats good as they cant do a repo on the car without a court order.

if they do, they are in big trouble. you will be able to get back all your payments made.

 

if they turn up and you voluntry give it to them, they will give you hell for the balance.

if they do turn up , demand to see the court order.

 

there is light at the end of the tunnel over this. as the account is quite old, confirm please when you took out the agreement.

 

a lot of early welcome agreements were not worth the paper printed on.

have they ever sent you a default notice

 

to begin with, send this sar

we can then work on the info they send you

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

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

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any 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 account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

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.

 

Yours faithfully,

 

 

print but don't sign your name

 

 

allways print your name from now on and allways use postel orders, no cheques

[Angel104]

We took out the agreement in 2005 and they have not issued a default notice.

[Angel104]

Back in January we wrote our local welcome finance office

and said that as my husband had lost his job we could not afford to keep the car

and asked them to collect it- we heard nothing.

 

We have made no payments to them since November 2007 and

 

 

during that time we have not heard a word from them

 

 

no default notice

nothing at all and

 

 

we still have the car.

 

 

Out of the blue today we received a letter threatening us with court action.

 

 

Where do stand with this because they have made no contact with us at all all year?

[42man]

Send this letter to them by recorded delivery.

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols,additionally my understanding is that this alleged debt is now statute barred under the terms of the limitation act.

Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........