MKDP chasing old Welcome finance debt - SB'd?

[Martynandemma]

I took out an agreement with welcome finance in 2004 for a car that I needed for work.

after a year I had to resign or the company told me I would be sacked.

 

I was unemployed for almost a year & could not keep up with the payments.

 

In the end we decided to refinance the agreement so I could make affordable payments.

 

When the original loan was paid off I do not think that the PPI was refunded plus something called short fall insurance which I have no idea about.

 

I believe that the ppi was miss-sold as I would not of agreed to it had I known that I could not claim if I was unemployed.

 

Also they did not explain the PPI properly & as I had been kept waiting for a car for almost 8 hours I just wanted to get out of there.

 

I may consider going to watchdog about these guys as they seem to be nothing more than loan sharks I now owe £7000 for a car worth about £1500.

 

I will be very interested in knowing if it is legal to put a finance charge that amounts to 2/3ds of the worth of the vehicle.

 

Also finance charges of £1300 on insurances that I did not ask for

 

any help will be great as I want to get unhooked from these sharks

 

many thanks

 

Martyn

[Martynandemma]

morning all, I have the wost possible situation & dont know what to do

 

I got a car from welcome in 2004 on finance

 

I lost my job & couldnt kee up with payments, Welcome refinanced the agreement for me. I got another job but fell deep into debt.

 

Welcome then allowed me to refinance again. I am finding it difficult to pay them & I am now 2 months behind

 

 

Now for the big problem....The car broke down 18 months ago & I had it towed to my home. tax ran out so it was a case of fix it or crush it.

 

Someone came & towed it to the crushers free of charge but I listed the car as being off the road. What do I do now, if I tell welcome that I had it crushed what can they do & do I have to pay the full amount of the finance.

 

I originally signed an agreement for a car worth 4000 due to refinancing the debt is now 9000

 

Someone help me please !!!

[raydetinu]

Why di you crush it, it was welcomes car; if it was a major fault you could of got them to fix it! or you could of given it back to them? They will want their money as there is now no car; sorry but you will have to pay or agrre some sort of settlement, suggest you speak to CAB about this, if interest on loan high they may be able to help.

[Martynandemma]

I told them about the problem but they said that if they fixed it I would be charged for the towing, repairs & anything else that needed doing

 

I was unemployed at the time so could not afford to get it towed to them. I couldnt keep it off the road & the MOT was due as well as the tax, if I hadnt got it crushed the council said they would crush it & I would of got charged for that too.

 

I really didnt know what else to do

[Martynandemma]

I want to see what Welcome have charged me over the years as I refinanced with them 3 times & now that I cant pay them anymore & lost the car while it was uninsured (off road) they are getting nasty & rude. Threatening all kinds of stuff.

 

If I send them an SAR do they have to send me statements & agreements.

 

If they dont do that what happens?

 

many thanks

 

martyn

[42man]

They have to comply with your subject access request within 40 days, if they don't then you issue a letter before action, giving them a further 7-14 days to respond (enclosing a copy of your original letter) if they fail to respond at that stage then you can take them to court where a judge will award you compensation, or you can complain to the Information Commissioners Office....this is one cagger who took a company to court because they never responded to his SAR - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

[Martynandemma]

if they dont supply credit agreements & send just statements does that mean I dont have to pay them ??

[42man]

What you must also do as an aside to the SAR, is to send off for a copy of your agreements. This costs £1 (send recorded), this is a separate request to a SAR (which is just a request for all information they have on you)....the CCA is a formal request for JUST your agreements... - You can find this here - The Consumer Forums - Debt collectors The CCA request is number 8 the SAR is number 11

[The wife]

is it necessary to send off the CCA if the subject access request covers all of it too?

 

although getting the CCA quicker could be useful.

[42man]

Send both separately !!! they must be....

[Martynandemma]

3 letters winging their way to welcome as we speak 1 CCA, 1 SAR & 1 request to cease calls.

 

Bet they dont rush to send me the info

 

postal orders marked for Welcome Finance Ltd (CCA use only) & (SAR use only) hope this was correct

[Martynandemma]

Right I will put my updates in this thread,

 

Knew I shouldnt of answered the phone !!!

 

Just had a call from welcomes "Legal" dept ?? do they have one ??

 

I was in a good mood (bloody not now) so I took the call. I dont think they know how to communicate phoned on mobile (been told 6 times now I have given the phone to my sister)

 

Informed them that they had received a recorded delivery with income exp on it. Told that they would go to court in 14 days to get car back (even though they have been told 6 times I dont have it)

 

I told him that to do that he would need to default me first he replied yeah i know (I suspect he didnt)

 

I got angry & said was the reason that they were getiing nasty because they were going out of business (he laughed & said who told you that ?, I said err its in the news)

 

I asked him where were my credit agreements & statements & why was there a 3k difference between my up to date credit file & the letters they had been sending me. He replied erm sorry didnt catch that what did you say ?

 

I said I am hanging up now he said ok then!!

 

Right time to report them to trading standards etc!!!

 

I have not received my agreements & the guy made me so angry I sort of let it slip the reason I wanted them, do you think they will refuse me them.

 

If they dont send me my agreements, statements etc does that make my agreement void ??

 

thanks

[postggj]

hi marty

 

welcom

my favourite play things

 

may i ask how you requested ststements, agreements etc

 

was it over the phone or bu an official cca request

[postggj]

as you are aware

you can put the account into official disput after 14 days from when welcome receive your cca request, if they dont comply

 

this needs to be by an official cca request with a one pound postel order.

 

do not deal with the local office,

they are trained chimps and would not know what a cca request is

 

send by recorded delievery to

 

welcome financial services

compliance

ruddington fields biz park

ruddington

nottingham

ng11 6nz

 

 

may i ask how long you have had the agreement

what is the state of any arrears

what is the situation with the car

 

do you have micky mouse insurance forced on you

 

ppi etc

 

 

please every thing in writing with this lot

 

garbage comes straight from the mouth with this lot

 

 

after 14 days you can with hold payments with no enforcement or penalty

 

welcome may have other ideas

they think the law does not apply to them

Edited June 4, 2009 by postggj

[Martynandemma]

thanks postggj

 

To cut a very long story short

 

took out car finance in 17/5/2004, all the usual rubbish PPI, breakdown insurance & shortfall insurance

monthly agreement £206

car hired cash price £3982 total ammount to pay over 4 years 9920.64

 

then in 21/07/2005 renegotiated payments

credit cash advance £5208

£119.32 per month

total amount to pay over 75mnths £8949

 

unemployed couldnt afford payments

modifying hp agreement

£5326.44

£78.22 per mnth

total amount to pay over 10 years £9386.40

 

ok will be back later to finish have to go to the job centre

 

back soon

[Martynandemma]

thanks postggj

 

To cut a very long story short

 

took out car finance in 17/5/2004, all the usual rubbish PPI, breakdown insurance & shortfall insurance

monthly agreement £206

car hired cash price £3982 total ammount to pay over 4 years 9920.64

 

then in 21/07/2005 renegotiated payments

credit cash advance £5208

£119.32 per month

total amount to pay over 75mnths £8949

 

unemployed couldnt afford payments

modifying hp agreement

£5326.44

£78.22 per mnth

total amount to pay over 10 years £9386.40

 

ok will be back later to finish have to go to the job centre

 

back soon

 

OK back now

 

so to continue,

last agreement was taken out in august 2007

 

I struggled to make agreed payments & I have missed a lot of payments (about 6 - 8) I last paid them a monthly payment on the 31/03/09 so I havent paid them anything for 2 months

 

I sent them an SAR, a CCA & a letter requesting no calls by recorded delivery & they were signed for on 22/05/2009

 

the address I sent them to was the one I was told to use on another forum

WELCOME FINANCE LIMITED

KINGSTON HOUSE

CENTRE 27 BUSINESS PARK

WOODHEAD ROAD, BIRSTALL BATLEY

WEST YORKSHIRE

WF17 9TD

 

they called me yesterday & I have since reported them to Consumer Direct who will be advising the OFT.

 

This morning I have (surprise surprise) received what is supposed to be a default notice I dont think it is a legal one but you are better placed than me to answer. I will give you a brief outline in another message

[Martynandemma]

Before I start I must add that I have sent them an income expenditure letter with an offer of £5 a month (even though I only have £3.87 per month available)

 

default notice is written up like so

 

Its from the middlesex office who I have never dealt with. 2 sheets of paper, 1st is welcome headed paper. WITHOUT PREJUDICE Dear Mr Pugh FAILURE TO READ THIS LETTER MAY RESULT IN LEGAL PROCEEDINGS

 

You are hereby served under section 87 (1) of the CCA with the attached Default Notice (no year mentioned on this page for the CCA) then usual nonsense about 14 days to contact them & if I fail they will apply through the courts for an attachment of earning order to be deducted from my employers (err I am unemployed good luck with that one !!) letter says that an OFT sheet should be in this letter (their isnt one). Then it strongly urges me to telephone the undersigned with my intentions (the undersigned is the bloke who phoned me yesterday!!) never had any dealings with his office so I have no reason to call him.

 

Now the default notice itself served under section 87 (1) of the CCA 1974 (is this correct ?)

date of notice, agreement reference between Mr martin pugh of my address (my name is spelt with a Y not an I ??) & WELCOME FINANCE of Office 18 Channelsea Hse, Canning road abbey lane stratford E153ND

 

my agreement is between me & Welcome Finance of Batley which is the head office, I have never had any dealings with the stratford office my local office is in Romford so I dont see how it can be valid

 

The notice mentions the usual if you do take action or if you dont take action plus amounts arrears & total payable finally at the bottom the words signed......... Branch manager, Welcome Finance (he hasnt signed it) the only signiature is that on the welcome headed paper.

 

Sorry for the length of this but what do you think ???

[postggj]

the default notice as usual is crap

saying 14 days is not good enough

a date needs to be inserted to rectify the breach

 

they have shot themselves in the foot

 

without prejudice means the letter cant be used in court with out the agreement of both sides

 

HELLO, ANY BODY HOME WELCOME

ITS A DEFAULT NOTICE

 

 

PURE CRAP FROM WELCOME AS USUAL

 

KEEP THE DEFAULT NOTICE ON THE QT

[Martynandemma]

sorry to appear thick but what does QT mean (quiet??)

 

You just confirmed what i thought, interesting side point my wife called up the romford branch to make an enquiry. She asked if they had my account they said my account had been transferred to the stratford office but they said she would need to ask me to tell her why I was in serious arrears & am now in default.

 

err Data protection act anyone?? (she withheld our number so they didnt know who it was the only info my wife gave them was my name) so she could have been anyone !! Doesnt the data protection act require that information cannot be given to another party ?

[postggj]

with the default notice, welcome have terminated the account

 

ALL YOU WOULD BE LIABLE FOR ARE THE ARREARS UP TO THE DEFAULT NOTICE

 

KISS THE REST GOODBY

 

DONT TELL WELCOME

[postggj]

Marty

 

Whats The Phone Number For Welcome In Stratford

 

Ill Check It Out

[Martynandemma]

the stratford number is 0208 744 8852

 

the cheeky swines also sent mr one of their default telephone charges letters for which they charge £10 a time

 

I am off to my sisters now could you PM me why I will only be liable for the arrears I would love to know

 

thanks again postggj

 

[postggj]

All Will Become Apparent In Due Time

 

Patientce

Revenge Is A Dish Best Served Cold

 

So They Have Charged You Ten Quid Foe A Letter After Allready Terminating The Account By A Default Notice

 

Naughty Welcome

 

Slowly Slowly

Catchy Monkey

 

Sorry Marty

I Know You Are Getting Confused But You Just Have To Know The Welcome Mind Set

 

They Are Not Very Bright

[Martynandemma]

Hi postggj,

 

did you call them (Stratford branch) what did they say?

 

Still no agreements from them how long shall i give them & then what is the next step, they received request on 22nd May

[postggj]

mwrty

 

very curiouse

 

me being me and being such an underhand &^$%&^ with welcome, i calledthem

 

all innocent i asked if this was compliance

 

they never said they were welcome

 

when pushed they said they were welcome from feltham

 

is feltham not in middx

 

ime staying with this, hold tight till i have some answers