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    • Where a person who owns or partially owns a property enters into an IVA, it's usual practice that in the fifth year, the person has to attempt to remortgage the property to release equity. It's extremely rare that a homeowner will be successful in remortgaging due to having a poor credit rating. Where the owner is unable to remortgage, the IVA is extended for a further year. This is absolutely normal practice in an IVA, and if your sister cancels payments to the IVA, the IVA is at risk of failing and she could be made bankrupt, therefore losing any equity she has in the property. 
    • Right. So I think it would be  good idea to give a brief description of the property, for example detached house, or flat or terraced. And some sort of identifier so we can distinguish from other properties you handle. An incomplete street address eg "No.14" would do so while preserving your privacy. Is the freehold title discrete for the property, or does it cover other leasehold properties? And a bit about your history, how current ownership came about. At one stage you said it used to be your family home, elsewhere you wrote that you'd bought the leasehold. Did those comments refer to this property? Did you acquire it on the open market, or from your family? Is this the house with the garages, where you own the freehold? Trying to understand whether there are underlying reasons that might account for problems with valuation, eligibility for finance, and the fact that neither you nor Lender found it possible to sell. Finally (for the moment) you refer to existing litigation. Does that relate to this property? If so it would be good to give a brief overview. Civil or criminal? What role do play .. claimant, defendant, appellant, respondent?  Charge, or cause of action. You don't want to go off on separate path that would better joined to the current proceedings. 
    • Can you confirm the client on the letter please? Is it The Original Energy Provider or PRAC Energy? 
    • Hi Lolerz Many thanks for your guidance. That gives me a base to work on. In terms of time we still have plenty ? I want to spend a bit of time on this ove the coming days.
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Car collections threat from Welcome finance, help!


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Hi I am new to this site, so hello everyone.

 

I have a HP car with Welcome Finance. I haven't paid them since November 2010, which says it all. I was laid off and havent got back into work yet (although I have now had 3 interviews last week and I know I will be in work by the end of this month, fingers crossed).:-D

 

In January they sent me a bogus default letter with no actual date on it as they always do.:jaw:

 

I said to them constantly that I will clear the arrears as soon as I am in work etc.

 

It's a 12k agreement and I have £6k left to pay. Last week they called me and said that I should give them back the car as I have not paid in nearly 5 months and that they are losing value on the car.

 

They also said how they will hold my account until the end of march and then they will start the collection process to terminate my account.

 

I love my car and I will likely need it to work. What should I do considering I have paid so much into it?

 

I know its a common story but its a dilemma. All my family members are saying get rid and only pay them £10 a month for the next 50-60 years, I am conscious now that my good credit is now dead:mad2::| Feel bad as I have acted with too little too late..

 

My head and heart is saying give this car back its only a car but is there anything I can do to hold them off? When I spoke to them it was like they wanted me to VT and give the car back. But as I indicated I wanted an end to this debacle, they sounded disappointed, I guess this was because they now know I wont be giving them more money etc.. haha..

 

My agreement will finish next year (Oct 2012).

 

P.S I am about to be awarded a PPI claim against them anyway (before you ask it will only be peanuts compared to what I owe.)

 

Any bits of advice would help. Many thanks.

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When you start work would you be able to make the monthly payments plus something towards the arrears?

 

As you have paid half the balance of the agreement they would have to take you to court to get the car back, at that point you could defend and ask the judge to agree to you making monthy payments + something towards the arrears.

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I have paid about £2-300 under the half way mark after checking a statement. If this was to happen how long would a court give me to pay.

 

It is likely I can pay them next month, but there is the other half of me thinking the car is not worth it, if you know what I mean. I just dont want to live a fantasy. I also dont want the car to go at auction for about £2k then still owe £4k.

 

Either way I will never get a hp car every again not without getting the car then putting over 50% down in a lump sum making it hard to lose.

 

Whats the minimum about that has to be paid in which they would have to take you to court after a broken default that is farcical any way as it has no date on it?

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Hi, have a look at your HP agreement - it should give you the figure you need to have paid for them to have to get a court order - should be one third.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 3 weeks later...

Oh I didn't know that you can just reduce the payments they made out to mr they were taking the car. I thought what's the point. Yeah you are right about them falling apart and I think they will hit the wall in a year especially with the backdated ppi claim now being managed by the Fscs in their offices lol. They have also posted so defaults of sister companies via cargoes with by what I can gather is an empty office front with a phone plugged into the wall. I actually won my ppi case so I suggest you and all others out there make there sorry existence even worse by claiming now before a major court case holding claims as with bank charges. I put my ppi refund on the current payment so the sector is paying for their existence.

 

I will get mine reduced to spread it another six months they can moan or try take me to court I have paid over half now any way ha ha.

 

Please can you post that email address? I don't think I will make much of a plea as everyone knows they just need at least token payments so I will dominate any correspondence I make which will put me in a good place with for once.

 

Companies like them should be shut down, another tip is to tell them you are recording calls, it gets you a manager on the line.

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