Welcome Finance Help Needed

[ianc73]

Please Help,

My mother took a car loan with welcome in May 2008 and has been paying since.

 

in april she has to reduce payments due to illness and being off sick

she is still ill

and called today to make a payment which they refused to take!!

 

she was told a default notice had been sent but we have not received one

and was also told steps were being taken to recover the car.

 

she needs the car to do her job and as she is now classed as disabled

 

needs the car to get around but the person refused to do anything

 

What can we do??

 

surely with the amounts paid on this 4 yr agreement there must be something.

Thanks

[just_jue]

Hi, how much has your mother paid of the agreement.

Do you have a copy of the agreement.

If it was an HP agreement and you have paid more than a third they cannot just come and take the car they would need a court order.

 

Welcome will try and bully you into 'surrendering' the car,

where they get the car and you are liable for the rest.

 

Don't keep ringing them put everything in writing.

 

If you can let us have some more details hopefully we can help you out.

 

JJ

[dadofholly]

If she has paid off over one third of the balance they cannot take the car off her without a court order.

 

Who did she speak to - was it her local Branch? never deal with the local branch they are only there to chase debts - Welcome can no longer make loans due to their fincial situation.

 

Did she have any insurances on the agreement such as PPI etc. when she took out the Loan?

[ianc73]

Hi it is a 48 month agreement HP agreement made in april 2008 so made far more than a third!

she took the mechanical breakdown insurance and shortfall insurance,

she called to try and make a payment again yesterday and it was avoided by placing her on hold etc therefore i have sent the following letter and contacted ccs.

 

Dear Sir/Madam

 

I have a car finance agreement with you as per the reference above.

Recently due to ill health and having to reduce my hours at work caused by this disability I have been making reduced payments as agreed by my advisor.

 

Yesterday 15/12/11 I called to make a payment andwas told by the manager that she would not accept a payment as a default notice

had been sent and you were putting in place steps to repossess the car.

I also called again on the 16/12/11 where the agent again avoided taking a payment constantly placing me on hold claiming I needed to speak to a manager.

 

I have not received a default notice and although not ideal to you, I have been making payments so I was horrified to learn you were taking this action.

 

I sought advice from Consumer Credit Counselling Servic eand they state a payment no matter how big or small should not be refused legally,

and to repossess the car you would have to go to court, not send people round trying to bully me in to surrendering the car voluntarily,

which it would sound like what is planned by your manager.

 

I have peripheral vascular disease now and this is reason I have had to make a reduction in my hours and income as I cannot do most tasks that I was able todo before.

If you were to take the car from me I would not be able to work at all as a car is needed for my role and due to walking difficulties I would be almost house bound

so I appeal to you to come to some arrangement where I can continue to pay a smaller amount that I can afford without causing hardship to myself.

 

I have also been advised that I should now converse with you in writing to ensure I have a paper trail of what happens,

on this note I would ask that you do not try to contact me by telephone.

 

Also Should it be your intention to arrange a “doorstep call”, please be advised that under OFTrules,

you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be ableto visit me on my property without express permission; the postman and peopleasking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B.per Lord Evershed M.R.). Therefore take note that I revoke license under CommonLaw for you, or your representatives to visit me at my property and if you doso, then you will be liable to damages for a tort of trespass and action willbe taken, including but not limited to, police attendance.

 

I do want to come to an amicable solution for usboth but I would appreciate your understanding as I am continuing to make apayment in some form and feel sure that a judge would view this very dimly whenI have made payment in some form. With this in mind I enclose a cheque paymentas a gesture of my willingness to pay something towards my account and dealwith the situation.

 

I look forward to hearing from you at yourearliest convenience.

 

 

is there anything else I can do at this time??

[dadofholly]

Where did you send the letter to?

 

Dont go through your local office for anything - ever.

 

Complain to their head office - also complain to trading standards and the office of fair trading.

 

If you have sent this letter to the local office - send a copy to their head office.

 

I would issue an SAR to welcome - it will cost you £10 but will give you copies of all the information they hold. Have they sent any recent statements, they are probably adding illegal charges that can be claimed back.

[dadofholly]

It is imortant to complain to the OFT - they will not deal with individual cases - but it is weight of numbers that mke them act - this company does not deserve to have a consumer credit licence to trade.

[ianc73]

I have sent the letter to the head office freepost address supplied somewhere on here!! will talk to mother about the SAR. thanks

[ianc73]

After the letter above no contact from them until 01/04/12 then 7 calls a day.further letter sent to them re itterating points raised before.and calls still continue with some woman called Gemma who demands my mother calls her.. What can we do now??

[ianc73]

The letter also state loan not hp

[dadofholly]

Did you ever recieve a reply to your SAR?

 

Is your mother registered as disabled by any chance - I know she has been ill and that you have informed them of this . She could be classed as a vulnerable person.

 

Did you make a complaint to the OFT?

 

send the telephone harrasment letter to their head office - if they call in the meantime tell them that your mother is ill - and that they should contact her in writing only, and that you will record all phone calls from them.

 

Do not get into a conversation with them - just say your peace then hang up - dont answer any of their questions or listen to any of their threats - it's all hot air. But record the amount of times they call - who the caller is and what is said.

[dadofholly]

Here is a link to the telephone harrassment letter.

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Send it but do not sign it - just print your mums name.

[ianc73]

She has a blue badge but don't think she is registered disabled,wouldn't know how to get her registered

[ianc73]

Further info.still no reply from the 2 letters sent ,now had a further 3 calls and a termination letter! Can't believe they get away with this

[dadofholly]

Send the harrasment letter

 

If she has a blue badge she is disabled and is therefore classed as a vulnerable person.

 

Make sure you complain to the OFT.

 

Did you send a formal SAR enclosing the fee of £10?

Have you made a formal CCA request.

[ianc73]

My mum had same request today for id and requesting payment for the SAR which was in the same envelope as the request today in the the firm of a postal order.complete set of idiots and the phone calls continue despite harassment letter

[gilly5001]

Yeh us too they just keep ringing and we keep ignoring!

[dadofholly]

Who keeps ringing - is it welcome?

 

Did you send the harrasment letter to the head office or the local branch?

[ianc73]

Head office. All recorded delivery too and with postal order for sar the

[dadofholly]

do you have your own thread - can you give me the link to look in.

[ianc73]

Its welcome finance help needed you posted onit 24 April

[dadofholly]

what evidence have they asked for in relation to the SAR?

 

Have they previously written to her at the address on her letter?

[ianc73]

Asking for driving license.passport etc and yes they have sent termination letter.

2 default letters

statement etc.

 

this time even though postal order was in with recorded delivery letter they say they still need the fee phone

[dadofholly]

have they kept the fee?

 

have you checked to see if it was cashed?

[ianc73]

Not checked yet only got letter today and not bin on net to check but it was in same envelope . First letter out of 5 they replied to. Even though they cashed a cheque from first letter. They are texting her as well as showing now lol

[dadofholly]

What was the first cheque for in the first letter?

 

Re-send the telephone harrasment letter and point out that communication to her telephone is not acceptable, and that you now request that they remove her number from their records.

 

Make sure you complain about all this to the OFT. send them the full run down.

 

check to see if the cheque has been cashed - and if so we can send a non compliance letter to them.