Jump to content


  • Tweets

  • Posts

    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Can someone advise on Welcome Finance Harrasment and default notice please!


Superashley
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4185 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hey everyone, first of all, apologies if i am reapeating what has already been posted on here,

 

but im new and its hard to pick out the relevant imformation sometimes,

 

so im posting from my point of view in hopes it will be clearer for me!

 

Here goes......

 

I took out a loan with welcome finance around 4 years ago for £1000.

 

I paid them regularly each month, for about 6 months then i borrowed another £500 and continued to pay regularly.

 

Around 3 years ago i asked for the payments to be reduced as i was having some financial problems which they agreed to.

 

After 6 months or so they started calling me over and over and sending letters saying they needed to discuss my account,

as they wanted me to increase the payments, i ignored them, but continued to pay,

and i also changed my phone number (for other reasons) and did not give them my new one.

 

Then i continued to get a few letters every few months or so which i ignored, this went on for years untill i moved house around 3 months ago.

 

Last month after a series of mishaps, i had to cancel all my direct debits including theirs.

 

I have since recieved a letter from them at my new address (How do they know where i live?) asking me to call.

 

I cant deal with talking to theses kind of people on the phone so i thought i would send a letter asking them to contact me only by post

and i would reinstate the direct debit back to how it was.

 

Before i even had a chance to send it the worst thing happened.

 

Now they have started hassling me at work.

 

I have never told them where i work, as i have only worked there for 6 months, they call over and over and get very agressive to the people that answer,

saying things like 'i am gioing to call here every day untill you put him on! Surely thats not allowed?

I never speak to them.

 

I saw the complaint letter template and was going to send it but then i worried that this would be comfirmation for them of my address and work address,

as it seems clear to me that they have been looking hard for me,

even though i have missed 3 payments of just £73 each!

 

Now today i have recieved a letter of default saying i have untill 19th nov to pay the arrears.

what happens with the rest of the loan?

 

Before i pay anything i want to see all the infor they have as it says on the letter i owe £1750

but thats more than the original loan, and iv been paying it for years,

even with intrests that alot.

 

What should i do?

 

I cant call them,

i panic just thinking of it,

and im worried that this will mean some kind of acknowledgment if i do.

Is it possible to pay the arrears then send them an SAR for the rest of the account?

 

Someone please help me im at my wits end and dont know how to cope with this.

 

Thanks.

Link to post
Share on other sites

hi ashley

 

firstly

 

you need to contact the OFT as a matter of urgency

they ARE NOT allowed to call your works number EVER

 

if they have recording , get them

and fwd those to the OFT too.

 

now this £1k loan that was refinanced..

 

i would suggest that you get that SAR off ASAP

 

90% of all welcome debts are compulsory insrance or PENALTY charges

 

get reclaiming!!

 

as for talking on the phone

 

you are under NO legal obligation to talk

about your debts on the phone

 

ignore them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you for your swift response.

 

i will contact the OFT right away.

 

Should i tell welcome that i have done this?

 

Should i still pay the default sum or just send the sar and wait for that before i pay anything?

 

It says if i dont pay they will apply for attachment of earnings or a charging order,,

i dont want that.

And how do i sent the money for the sar?

postal order?

cash?

 

Thank you so much!

Link to post
Share on other sites

it doesn't say they WILL read it properly.

 

if, might, may, could, instructed, recommend..not WILL.

 

no dont tell welcome about the OFT complaint.

 

if you want

 

put the debt in to dispute

 

fire off a CCA request too [£1]

 

sar is £10 Blank PO will do.

 

how much are the arrears.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

your call if you pay then

 

i would suspect PENALTY charges & PPI etc will wipe this debtout

and

put money in your pocket.

 

have a read of a few threads in this forum

 

got any of the agreements?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

go get 'em

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...