Welcome finance car loan

[nick7602]

Hi Post

 

Thanks for looking over my agreement, how and what do I say to claim back the Insurance, how should I word it and to whom? cant thank you enough I really really want to get rid of this Welcome lot, take it I have to hand the car Back? sorry if it sounds a dumb question but just thought I would ask anyway just incase.

 

Thanks for all your help

 

Nick

 

Hi Post

 

Any thoughts about my last post please??

 

Nick

[dadofholly]

Hi Nick

 

For advice on claiming back your PPI may be best to have a read through the forum that i have attached a link for. It's for PPI reclaims and am sure you will find some great help there.

 

As for the car the choice is yours - you have payed over a third - so they would need a court order to reposses - claiming back the insurance would help reduce the balance owed.

Are you struggling to pay the initialy agreed amounts?

 

Here is the link for the PPI - may be worth starting your own thread there for your PPI claim.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?111-Payment-Protection-Insurance-(PPI)

[nick7602]

Hi Guys

 

please can somebody tell me how I go about claiming my money back and who I should send my claim into at Welcome car Finance to claim back my money

 

Thanks for all your help

 

Post 38 says insurances have been has been mis sold? are we talking all insurances and how did he come to that conclusion, as I do not have PPI, and I thought you could only claim back PPI??

[dadofholly]

You can claim back ANY insurance that has been mis-sold.

 

You also say in an earlier post that this is the 3rd car you have had on this agreement. That is not possible as the agreement is for that particular car.

 

Do you mean it is the 3rd car you have had from them?

If so did they send you the paperwork for the other car loans?

 

If not they have not complied with the SAR request - and i bet their are other insurances you can claim from the previous cars.

[nick7602]

Hi Guys

 

I have a welcome car finance agreement Iam being chased for £728.29

 

At no time was I aware of the agreement I have being a double agreement, I only have a termination agreement for the goods, it does say however that the insurances do not form part of the agreement, so how can they demand payment with no separate agreement or termination figure for the insurances?

 

I was under pressure at the time of purchase to buy the insurances with the vehicle as this would Im told be looked on favourably.

 

In my SAR there is no Needs or Wants Form for the insurances or separate agreement for the insurancs so how valid is their claim for payment.

 

I have not paid Welcome finance now since October 2010 for their vehcle, I asked welcome to obtain a court order for the return of their goods as I have paid well over the termination figure.

 

I still do not have a default notice is that because they don’t have a credit agreement for the insurances? Instead they keep sending me threatening letters, debt collectors etc etc, I am a little immune to such crap as I am a bankrupt from Sept 2006.

 

Should I hand back the vehicle and pay the £728.29, or get them to obtain a court order, or should I tell them that I am a Bankrupt?

 

Very Kind Regards

 

Nick

[dx100uk]

you mean PPI or whatever?

 

get reclaiming!

 

dx

[nick7602]

Thanks for the reply

 

I didnt have PPI - i have mechanical insurance, and Shortfall insurance

[dx100uk]

and these are what's being chased now?

 

same process i think.

 

dx

[nick7602]

Hi

 

yes these are what being chased, should I go to court with this.......... Ineed some real advice please as to what to do?

 

Thanks in advance

 

Nick

[dx100uk]

i think you should put in a reclaim of mis-selling meself.

 

that should shut them up.

 

dx

[nick7602]

Hi Guys

 

I have been in correspondence with the FOS these people lost my original docs, thankfully I have an electronic SAR file.

 

I explained to the FOS that I was sold mechanical breakdown and shortfall warranty by welcome car finance at the time of taking out the insurances I explained that I didnt want them, but was told that if I took them out I would be looked upon favourably and would get the credit?

 

The FOS said that I had signed an agreement for the insurances and the fact that the pressured selling didnt seem to matter?, I went on to explain that I didnt have a signed "needs and wants" form the FOS said this doesnt matter I had signed the agreement?

 

The FOS went on to say you have used the mechanical breakdown cover, I explained to the FOS that yes I had, but this still doesnt get away from the fact that at the creation of the credit I asked not to have it and it was forced upon me.

 

I have asked for the return of the insurance monies as I beleive this falls into the realms of a mis sold PPI scenario, and to return the vehicle to Welcome

 

I have tried recently to terminate the agreement paying well over half by a couple of thousand for the goods, i was told then by welcome I owed the insurance money of £648.49 this is madnes I have already paid well past the termination price for the goods?

 

I have a credit termination figure for the goods and this is written into the agreement all nice and legal but where is the insurance credit termination rights?

 

Im being asked to pay the insurances figure because this was paid up front ok, but where are my rights when it comes to terminating the insurances these are not shown in the agreement other than for the goods, but they still are trying to chase me for the insurance money how can that be legal with no termination rights?

 

I actually spoke with Welcome last week and was told that a default notice had been placed on the account, is this right when im in dispute about the account with Welcome?

 

I was told by Welcome I could not voluntarily hand back the vehicle, I now must pay the full asking price of £8000

 

Some help guys and what I should say now to the FOS as I have escalated it past the initial case handler and I have to respond quickly

 

 

Thank you so much for all your kind help Guys and Gals

 

Nick

[dx100uk]

if you have paid more than 50% they cant stop you terminating

 

dx

[nick7602]

Hi

 

the agreement was a 60x40 split ive paid more than %50 for the goods with but not for the insurances, we didnt agree with the claim for the insurances as this was based on pressured selling from the salesman.

 

we stopped paying for the goods back in 2010 as we wanted to hand back the car but didnt agree to the insurance claim from welcome, I have been told by welcome that they have placed the account in default and I lose the right to self terminate?

 

They welcome that were going to sell the debt to an outside agency, but will hold off until they hear from the ombudsman.

 

Do I have to pay back the insurances? what should I say to the ombudsman?

 

 

Thanks for all your kind help

 

Nick

[dx100uk]

welcome/fscs are refunding gap etc etc

 

dx

[nick7602]

Hi thanks for looking at my concern

 

I have tried to hand back to Welcome finance their vehicle, in the agreement it states that if you hve paid half which is £7250 you can hand back the vehicle and you wll have to pay no more under this agreement, I have actually paid £8104.

 

I also noted rightly or wrongly that they have to obtain a court order to claim back the vehicle, so I sent aletter stating the cancellation of the agreement and asking welcome to collect their vehicle after first obtaining a court order.

 

I received aletter stating that the insurances taken out had to be paid for? this was for an unwanted GAP Insurance, and a mechanical breakdown cover again not wanted I was told that i owed the sum of £700+ for the insurances, which i didnt agree because half of the amount including the insurances amounted to £7250?

 

Welcome have mentioned in the agreement that the insurances are not covered under the agreement this isnt true, if this was true and it was only for the goods however the settlement figure would be significantly less than the the figure above.

 

Two years down the line and I havent made a payment, so welcome now are asking for another £8000 for arrears, is this right even though I have put it in writing to them asking hem to collect their goods

 

They have now stated that they are going to pass this debt to an outside debt collection agency, I told them to get a court order before any debt collector calls at my door and to furnish me with a court date

I was told that they didnt need to get one?

 

 

Thanks for looking at my concern and Ilook forward to hearing from you

 

 

Kind Regards

 

Nick

[nick7602]

Hi Thanks so much for coming back so quickly

 

You mention about the insurances being seperate, I do not have a seperate agreement for the insurances and no where within the document is there a termination figure for the insurances?

 

Both my wife and I were totally unaware that there was a 60-40 split with the payments as this isnt shown anywhere, even the payment advice statement that we have had periodically doesnt give a breakdown of the payments showing where the money is going, it does however show how the insurances have been incorporated in with the goods figure this is how the figure of £7250 has been arrived at, and this is the figure which welcome want asa termination figure, which is why I beleive I owe them nothing, the insurances figure orginally when we took it out was £1200 I think my over payment to the sum of £854 more than covers the amount wanted by welcome which was £765 for the insurances.

 

Yes I feel I made an error in regards to the request for a court order, I put this down to my nievaty, so how do I move forward to get this vehicle picked p from my drive and the agreement settled.

 

It was obvious to welcome that I was trying to hand back the vehicle, as I sent aletter to them stating that I had terminated the agreement, and could they come and collect their vehicle, to which they havent bothered to do.

 

Now they are saying that the debt is in default and I no longer have the right to VT, what should I do next write again to them requesting the vehicle be picked up, what should I put in the letter?

 

 

 

thanks for all your kind help

 

Nick

[BigBen70]

Hi it is a shame that you are having such a nightmare. VT is there to protect you but the finance companies do not want to make it easy. That said i have never heard of anyone making it this difficult.

 

Totally agree with the advice given. Avoid the court if possible as it will just add to your costs. Keep a copy of the letter that you write them requesting VT. After all you where simply exercising a write within your agreement. But if it all gets nasty ( which it might ) this will be important as it shows that you requested VT.

 

Good luck.

[asokn]

I'm a bit confused as to the last contact you had with the creditor regarding VT. It seems that you may have told them you would only give the vehicle back if they got a court order and then you stopped paying? If so, you may want to send a letter making clear that you are happy to VT the vehicle without the creditor needing an order; otherwise they may not actually know what your true position is.

[nick7602]

Hi Guys

 

I have requested that Welcome come and collect the car after paying half for the car, this is my right under the agreement the half also included their insurance crap, so it it is over half actually.

 

I then requested Welcome to collect their goods and end my agreement with them, they havent and wont collect they state that I still owe £8000 , I ceased payments to them back in Oct 2010 after paying more than half the amount.

 

Welcome still wont accept the car back from me, they then sent collections agency letters, I replied using this forums Unwelcome door step attendance letter, since that time I have heard no more, I think it would be better if I actually went to court with this, I can show the Judge then that I have tried to excercise my rights to hand back the vehicle.

 

Welcome actually refused to accept the vehicle saying i no longer had the right to terminate? dont know how they work that out considering i have payed more than half under the agreement

 

Any Advice please would be most welcome

 

 

Kind Regards to all who read my plight

 

 

Nick

[just_jue]

Hi Nick,

 

What you are talking about is Voluntary Termination of your agreement which you are entitled to do.

I did it myself with Welcome a couple of years a go with no problem.

Did you put this in writing? As this is a requirement a telephone call will not do?

I took a copy into the local branch, sent a copy recorded to the head office and faxed it as well so they couldn't say they hadn't got a copy.

 

JJ

[just_jue]

Forgot to add,

 

that your account must be up to date and you would still be liable to any insurances you took out as they would still be payable.

 

JJ

[dx100uk]

but with welcome i bet they can be reclaimed

 

got PPI/GAP/MBP?

 

even PENALTY charges?

 

get reclaiming!!

 

dx

[sequenci]

Hello there.

 

First things first, are you certain the finance agreement is hire-purchase or conditional sale? If it is then you have the right to voluntarily terminate in accordance with s99 of the consumer credit act 1974 - so long as the account has never defaulted. If the finance is a 'fixed-sum loan' you cannot do this - as the finance is not secured.

 

It is assumed that you have sent your voluntary termination letter via recorded delivery? If you've not done this please write another and ensure it IS sent recorded. Also ensure that you request an address where you can return the vehicle to.

 

Once you have exercised this request you are not liable for any further finance payments over the 50% point. As others have mentioned you could still be liable for insurance policies and the like.

[nick7602]

Hi Guys

 

Thanks so much for coming back to me, I sent the letter to Welcome Car Finance at the time recorded aswell, I took out £16000 this included the insurance in this figure I have paid back over £8000 half way, so under the terms of the credit act as mentioned within my agreement I terminated the contract as I was entitled to do.

 

The annual statement I have from Welcome does not breakdown the figure I found the statement confusing, it wasnt until reading another case that I realised I was actually running two agreements side by side and the payment iwas making were a 60/40 split between the goods and the insurances, but that was ok because we had paid half including the insurances so beleived we could hand back the car, asked Welcome to come and collect the car this they havent done and the car after two years still sits on my drive, although I do look after it as mentioned within my agreement.

 

Now I am being chased by an in house debt collection company called Expito, the previous outside debt collection agency dropped their collection after I told them I know of no such debt and sent them this Forums " Unwanted Door Step Attendance Letter"

 

Where do I go from here, I think it would be best for a judge to look at this case perhaps? my rights have been totally ignored by this unscrupulous company

 

Thanks for any advice as Iam most frustrated with the whole affair, it seems to me that this company is trying to legally or illegally swindle moneies from me by intimidation

 

 

 

Kind Regards

 

To you all

[nick7602]

Oh I forgot to mention, I have never defaulted on any payment to Welcome, right up to the point of where I terminated my agreement in writing

 

I did have a chat with an operator of welcome, and when I said I wanted to hand the car back I was told I couldnt as I had gone to long without making a payment?

 

even though I told them that I had paid half and cancelled the agreement in writing to them,

 

this is why there wasnt any more payments,

 

they still wont accept the car back