Welcome Finance - claim form received

[dx100uk]

Oh and it's a personal agreement

 

haha muppets

 

they cant touch the car.

 

dx

[gilly5001]

haha muppets

 

they cant touch the car.

 

I really appreciate everyone's comments an I feel confident that with the consumer action group behind me welcome won't win but I still don't really understand why they can't touch the car, or what I do in response to their increasing frequency of letters. I've sent them a harassment letter yet they continue to ring/ text. I really want I stop them in their tracks once and for all

Thanks gilly

[dx100uk]

give them want they want

however

blank out any pictures or signitures

 

or send util bills instead.

 

they are in for a shock

 

incoming welcome!!!!!!!!!

 

 

dx

[dx100uk]

you'll shut them up rather quick when they get your reclaims

for all the PENALTY charges and insuranes reclaims

 

bet they'll ignore you rather quick!!

 

dx

[ianc73]

They are a joke.

sent harassment letter and instead of ringing they send my mother sms!!

 

And so far have ignored every letter including recorded delivery

 

.surely they would be laughed out of court if they ever followed through on their threats

[gilly5001]

They are a joke.sent harassment letter and instead of ringing they send my mother sms!! And so far have ignored every letter including recorded delivery.surely they would be laughed out of court if they ever followed through on their threats

Just to

Confirm realised I'd missed a post yes we have paid over a third, this has now been ring on since 2007!

[dx100uk]

ring on?

 

it matters not how much you have paid

 

they cant touch the car

 

dx

[gilly5001]

Going on even,

Why can't they touch the car?

Gilly

[dadofholly]

If you have paid one third or more they can not take the car without a court order.

[gilly5001]

HI all

Just an updaste,

 

welcome havent returned my SAR and are now back to harrassing us with phone calls.

 

My OH answered phone to them and stated that he wouldnt discuss anything with them

as how could they be sure he was indeed the custimer

after the letter they sent stating that they doubted our identity HA!

 

What do I do now regarding the SAR request?

[dx100uk]

they have 40 calendar days

 

green top library tab

 

dca section, failure to comply letter

 

dx

[dadofholly]

Send them the following letter. maybe worth adding a paragraph stating that they have been happy to correspond with you at your current address, and so have accepted your identity and address.

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

[Bazooka Boo]

Another bunch of clowns just being bloody minded.

If they had anything concrete they would have taken action long before now, they are just willy waving.

[dadofholly]

Did you only make an SAR or have you also made a CCA request?

[latetrain]

A direct debit means that you have no control over how much they take from your bank, it can vary

although the creditor should give you advanced warning how much they are taking and when but this does not always happen

as 'notification letters get lost in the post'

 

whereas a standing order states how much and when payments are to be made, you are in control.

 

In regards to HP agreements if you have paid over 1/3 then the HP company cannot just come along and remove the goods unless you explicity give them permission to do so,

they have to take you to court in the first instance to recover the goods especially if the goods are kept indoors (sofa, white goods etc thinking of Brighthouse here),

if they do issue you with a claims form then part of your defence could be to apply for a 'Time Order' if you wanted to keep the goods/vehicle.

 

If the HP company recovers the vehicle and you have paid over a third without your explicit permisson or a court order

then you can sue the HP company for recovery of all the monies you have paid.

 

If you have paid over 50% and not received a default notice then you can hand the vehicle back,

infact you can hand the vehicle before you have paid 50% but you would be liable up to 50% plus any damage to the vehicle.

 

National Debtline do a good factsheet on HP agreements.

[gilly5001]

Did you only make an SAR or have you also made a CCA request?

 

Just an SAR

[dadofholly]

I would also send them a formal CCA request.

 

The template is below - as yours is for a HP agreement it is actually a s.79 request not a s.77/78 - so just repleace that bit with s.79.

 

You will need to send a £1 postal order

[gilly5001]

Thanks very much

 

sent this off along with a letter re the sar that they have failed to respond to,

 

Today I've recieved 2 letters from atlas collections.

 

One saying well give you 50% off to settle,

the other headed without prejudice in which they state that in red to default on 1/11/11

that our hp agreement has been terminated and they will repossess or got for a court order to repossess.

 

Can welcome finance just keep sending us dca letters when they don't send me anything I've requested

 

Gilly

[dx100uk]

hoho

 

discount letter

 

that means they'll go nowhre nar a court for fear of a counter claim

 

could be unlawful PENALTY charges

or

paperwork issues

or

PPI/ insurance

 

shot themselves in the foot there then.

 

 

dx

 

esp the without prejudice bit

[dx100uk]

just re read the many merged threads here fron the years this has been going on

 

me thinks you need to just ignore everyone now.

 

dx

[dadofholly]

As they have failed to comply with your CCA request they are barred from enforcing the debt untill they do. Send them a copy of the following letter - recorded.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

Send the following letter to the DCA that sent you the discount letter - again recorded.

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

Once you have sent both letters ignore them until they finaly comply with your CCA request - which will probably be never as Welcome have been fined for losing customers paperwork

[gilly5001]

excellent thank you very much!

 

Gilly

[gilly5001]

Hi the merry go round continues...

 

2 letters from atlas collections recorded delivery today

 

Stating they haven't recd a subject access request from us.

Altho last letter states they want passport Id off us as they don't know who we are.

 

And in response to me saying that they are unable to pursue any legal action

they highlight that the statement is incorrect as they have responded to all complaints within the timescales.

 

Also states welcome finance intend to act on the termination letter.

 

2nd letter states without predujice

Secured asset: Registation number

Account remains in default and as agreement secured on above motor vehicle

they are now instructing litigation agents LRC to commence action through the courts to recover assets and costs incurred

Any ideas?

[sillygirl1]

By the way Welcome no longer have an office in Sutton, Surrey, there is a sign on the door with a number to ring if you had any business with them.

[BRIGADIER2JCS]

Most if not all Welcome ''local offices'' were closed

when the company collapsed, all dealings have to

be through the head office address.