Welcome Finance any dealings???

[tysonthetrucker]

sorry all so how do i tell them my account is now in dispute can i do that ???

[Smoothy]

Well........

First step is to either SAR or CCA request.

SAR needs to include £10 postal order and CCA request is £1 send em recorded s you have proof of delivery then wait the statutory period.

Once youve made the requests its a waiting game. Only after they fail to comply with your request does the agreement become unenforceable without court intervention. Then you can stop making payments.

 

Smoothy

[tysonthetrucker]

thanks smoothy what would happen if i told them im not paying them this month does that make things difficult for me or do i send of the s.a.r now and state my account is now in dispute ??

whats best to do first cca request or s.a.r first and where do i get the template if there is 1 for cca ??

[Smoothy]

It could make things a tad difficult....like you could default on the agreement b4 they do!!!

[tysonthetrucker]

do you think i can ask for a reduced payment this month but i no they will say no what if cancel dd and go in to office at end of month and pay what i can say half the expected amount ??

[Smoothy]

Oddly enough, Ive found Welcome dont mind accepting reduced payments......read back through the thread and you'll see why!

[tysonthetrucker]

yeah i read them i called them cause as you can appreciate £385 is a big sum but they said they cant or wont reduce my payments even for 1 month so im thinking of just cancelling the dd i want to pay it but needs must and got to put family first at the moment but they didnt say what would happen if i didnt pay would they come for the car ?? If i didnt pay full amount ??

 

so can i not notify them now that my account is now in dispute with out the cca etc ??

[Smoothy]

If you dont pay, youll get nothing but hassle out of em. BUT, we all gotta eat. I agree £385 is bloody steep. What you could do is offer a part payment with an offer to make it up over the next few months. If you CCA them they have 12 days (plus postage time = 2 days) from reciept and if they havnt responded they put the account in default. A further month after the default, if they still havnt supplied the agreement, they may have commited an offence. Once the account is in default, that is when you could withold payment. As all the time they are in default, they cannot enforce or profit from the agreement. Take some time to read this thread...http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html i know its long, but it may help with the results that are produced from a CCA or SAR request.

Have you made an application for CCA or SAR?

 

 

Smoothy

[tysonthetrucker]

also does anyone no what will happen if i ask them for a vt as i am half way through my term do you think that might be a better option ??

[TANZARELLI]

yeah i read them i called them cause as you can appreciate £385 is a big sum but they said they cant or wont reduce my payments even for 1 month so im thinking of just cancelling the dd i want to pay it but needs must and got to put family first at the moment but they didnt say what would happen if i didnt pay would they come for the car ?? If i didnt pay full amount ??

 

so can i not notify them now that my account is now in dispute with out the cca etc ??

 

I would advise an formal letter stating that your account is in dispute then send a SAR. I sent a SAR and also got my original agreement in with this for all three of my loans.

 

Something like this perhaps, feel free to pick it apart folks.

 

[Your address]

[Their address]

Date**/**/**

Dear Sirs

 

ACCOUNT IN DISPUTE

ACCOUNT NUMBER: ******************

I am writing to inform you that I am currently disputing my account with you as I believe you have levied unlawful charges to this as well as being miss sold Payment Protection Insurance.

 

Please note that if you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely

[tysonthetrucker]

have just dug out my agreement with unwelcome says they only gave me £1 for my part exchange vehicle what the hell.

on policy schedule says

purchase price £6,976

loan amount £10,415.77

 

on agreement says total amount payable £18,331

 

also says after i paid £6310.10 i can vt i have paid £8470 what do you think is the best action for me ????

[tysonthetrucker]

thanks for your advice TANZARELLI do you think i should call my local office tomorrow log the call and get the ball rolling verbally ??

Also if i vt as i have paid nearly £2000 over the termination amount do you thinkthey will take car and go away or will they still try to get more ??

[TANZARELLI]

thanks for your advice TANZARELLI do you think i should call my local office tomorrow log the call and get the ball rolling verbally ??

Also if i vt as i have paid nearly £2000 over the termination amount do you thinkthey will take car and go away or will they still try to get more ??

 

Not sure what you mean by vt?

 

I wouldn't call them even though I did have great pleasure in doing this. I would do it all in writing. jmho

[TANZARELLI]

Ta for the click

[falcon185]

Hi Tysonthetrucker,

 

I wouldnt bother phoning these muppets. Make sure everything is done by letter, keep copies and send recorded delivery so you have a paper trail. They will say one thing over the phone and then deny it at a later stage.

Get a CCA request off as soon as possible, until they are in default (12days +2) I would keep up any payment that is due. Once in default then I would stop payments. As for the VT, it has been known for them to hound people using DCA's for the shortfall, it would be wise to read the small print about the VT on your T's&C's. Good luck with your fight, remember there are many people on this thread with similar problems so dont feel alone, we will all assist you where we can.

[tysonthetrucker]

i have read the t/c and it says once i paid £6310.10 I could terminate i have paid £8470 so far it also says that if i terminate i am liable for half the amount payable on the agreement wich is £18,331 which would mean i would still owe them about £1000 but on the section that says £6310.10 it says i quote :

 

You have a right to end this agreement .if you wish to do so,you should write to the person authorised to recieve your payments.

We will then be entitled to the return of the goods and to half the total amount payable under this agreement,that is

£6310.10

If you have already paid at least this amount plus any overdue instalments,you will not have to pay any more,Provided you have taken reasonable care of the goods.

 

does that mean i could give them the car back with out penalty then cca them and log a dispute over ppi etc ???

 

as i have paid £8470 to date just dont want this £385 per month stone round my neck anymore

[falcon185]

TYson,

the main point to note is " Provided you have taken reasonable care of the goods. "

 

I can guarantee that they will check your car over and find as many faults with it as they can, you will then be saddled with a bill to put everything right before they can re-sell it. Its a trick they all use to squeeze as much out of you as they can.

Please be very careful with them!!

[tysonthetrucker]

could i also argue that they only gave me £1 for my part exchange when at the time they were advertising £1000 guaranteed for your old vehicle have that in writing to the fact they only deducted £1 for other car ??? after read this thread i want there blood but i want to get out the poo first

[tysonthetrucker]

falcon i am a long distance lorry driver since i have had the car 23 months i have only done 10,000 miles and its still mint thanks for you advice from what i have read they are the lowest of the low and i want to take them up on it give them a hard time what ever it takes not just for me but for us all

[falcon185]

Go for it m8 we are all behind you!!

[tysonthetrucker]

i dont no but as i have paid £2000 more than the termination point is that in my favour now i want to terminate ?????

[tysonthetrucker]

i wont have all the money this month for the installment should i call them and tell them i know they will say tough i shall offer them half the amount and send them a termination request see what happens

i have never missed a payment before what can they do if i only pay half ????

[falcon185]

When is your payment date ??? Its totally your call Tyson m8 personally, if it was me I would make the payment until they have defaulted on the CCA request when its been sent. But if I had a choice between paying them and feeding my family I know which one I would chose!! ;-)

 

Try ringing them tomorrow and tell them due to Feb being a short month its left you short, can you make a reduced payment this month and pick up later. By the time comes they will be in default of your CCA??

[tysonthetrucker]

my payment date is last day of the month help ill try ringing them tomorrow see what they say about a reduced payment will let you no tomorrow nite what they said cheers falcon

[octron32]

if you do ring them, i would recommend using this service

 

RecTel: Call Recording Service

 

that way if they say you can reduce the payment, they cant later say they didnt.