Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • 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

VT'd car through welcome, they claimed damage, lowells claim form !!**TOMLIN**


swt61
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3079 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

don't think so.

 

debts are usually passed around and exchanged on a 'phishing' list

 

these list are bought and sold daily.

 

all the buyer gets is a line in a spreadsheet basically...

 

they then go...

 

oh look this ones worth £XXXX

 

we can make lots of easy money if we issue a claim form

and the debtor does not respond.

 

unlucky lowells...this one found CAG.

 

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

  • Replies 67
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Am I correct in recalling somewhere it stated that if a debt has been sold on

or assigned to another dca they MUST have full documents regarding my account before taking legal action.

 

if they do not hold anything they are not allowed to then contact the original lender for these documents

as they should have been given at the time of assigning the debt to them ??

 

Thanks,

 

Simon

 

You should have been informed by either Welcome or Lowells that the account had been assigned/sold. In post 21, I have advised that you request a copy of the NoA in the CPR 31.14 !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hmm, rather disingenuous, if they have issued the claim, then they need the paperwork to back it up !!

Ok,

Issue date 14th October + 5 for service = 19 October + 14 days to acknowledge = 2nd November + 14 days to submit defence = 16 November.

 

 

 

 

IMHO, your defence should be along the line of - this is not a debt owed via the original agreement. Having VT'd the vehicle, Welcome have attempted to obtain money by saying there was damage to the vehicle when it fact the wear and tear is acceptable according to BVRLA Fair Wear & Tear guide on t'internet. [This is the voluntary code published by The British Vehicle Rental & Leasing Association and allows everyone to know what to expect when returning a leased vehicle.]

 

When you asked for the copy of your agreement back in 2008/2009 (and they sent you someone else's) did you make that request via a proper CCA request that included the £1.00 statutory fee ?

 

You can mention that Welcome not only failed to comply with your s78 request, but sent you someone else's agreement (with their personal details on it).

 

You really must stay off the telephone. I doubt very much they will do anything about retrieving your Agreement until you make a proper request. I have linked you to the CPR 31.14 request that you need to send to the Solicitors.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

It needs reading carefully and amended where required. You need to send it Recorded delivery.

 

You can only ask for the following documents as these are mentioned in their claim.

 

1: the agreement

2: the default notice

3: the notice of assignment

4: statement of account showing how the balance claimed has accrued.

 

Do you have a copy of the RAC report and the photographs of the stone chip damage ? ?

 

 

that's fab thank you !!

 

I do have a copy of the RAC report and it lists the damages on the rear of the form but on the front is car diagrams to mark the faults nothing marked on them anywhere,

I have a recorded delivery slip posted on the 24/11/2008 when I sent my VT request and I have a copy of the letter which is dated 22/11/2008 for my termination. I only have a letter that I just faxed asking for my CCA. Unfortunately I do not have anymore photos of the detail on the stone chips only the general pics of the car prior to uplift as I lost a lot of stuff on an old pc that died.

Link to post
Share on other sites

don't think so.

 

debts are usually passed around and exchanged on a 'phishing' list

 

these list are bought and sold daily.

 

all the buyer gets is a line in a spreadsheet basically...

 

they then go...

 

oh look this ones worth £XXXX

 

we can make lots of easy money if we issue a claim form

and the debtor does not respond.

 

unlucky lowells...this one found CAG.

 

dx

 

thanks mate I hope so !!

Link to post
Share on other sites

That is very kind of you, thank you :)

 

I think your plan of action at the moment is to send off the CPR so that you can obtain information from the Claim form. Lets see what they produce, if anything.

 

Make sure you acknowledge by the date I gave you earlier in the thread.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

That is very kind of you, thank you :)

 

I think your plan of action at the moment is to send off the CPR so that you can obtain information from the Claim form. Lets see what they produce, if anything.

 

Make sure you acknowledge by the date I gave you earlier in the thread.

 

 

Hi,

CPR typed up going recorded delivery today 😃

 

Defence going off online too

Link to post
Share on other sites

You don't have to question the court's jurisdiction - if they proceed with the claim it will automatically be allocated to your local court.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 2 weeks later...

ok an update for you all nothing received yet from the solicitors and my letter requesting the CPR was received by them on the 28/10/13.

 

Nothing from them at all except a telephone automated message requesting me to contact BW Legal.

 

have to go online now to file my defence,

 

what you all think now ?

 

Regards,

 

Simon

Link to post
Share on other sites

Simon,

 

Just received your S.O.S to proof read your defence.. where is it :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

HI

Just reading through the thread.

Just a few points which you have probably considered.

 

There will be no default notice as the car was returned under section 99 of the act and the agreement was terminated by the debtor.

 

The section they will be using to claim for the damage will be section 100(4).

this states only that "reasonable care must be taken of the goods".

 

This means that a second hand vehicle would only have to be maintained in approximately the same condition plus additional fair ware and tear.

In other words the car would not have been in pristine condition in the first place,

whatever is mentioned in the fair ware and tear guide has to be seen in context, that any damage may well have been on the vehicle in the first place.

 

The court would have to consider if it would be reasonable to assume that there would have been a certain amount of damage due to the usage before the OP obtained the vehicle.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

I am a little confused about their POC, they say that you had sums due under the contract.

 

Had you paid one half of the contract price when you VT'd ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

yes when I originally contacted them to see if I was in a position to VT they confirmed yes I was as I had already paid half

 

Then if you returned the car before the next payment as due you would have owed no contractual payments. The sums due under section 100 (condition)are post termination charges. Also they say they issued a default notice, why ? if the car was VT'd there would be no need for a default notice.

 

Before they commenced action for the damages they should have produced a letter before action to comply with pre action protocols but that is all. They are making it sound as if they terminated the agreement for arrears, which from what I understand is not the case, you terminated the agreement as was your right under section 99 of the act.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Then if you returned the car before the next payment as due you would have owed no contractual payments. The sums due under section 100 (condition)are post termination charges. Also they say they issued a default notice, why ? if the car was VT'd there would be no need for a default notice.

 

Before they commenced action for the damages they should have produced a letter before action to comply with pre action protocols but that is all. They are making it sound as if they terminated the agreement for arrears, which from what I understand is not the case, you terminated the agreement as was your right under section 99 of the act.

No I terminated the agreement as I could not afford anymore repayments they never sent me a default notice and no default was ever registered on my credit file.

surley if I owed money under my agreement they would have not allowed me to or accepted my VT request ?

 

the only thing they used to chase me for until 2009 was the make good costs but now the amount seems to have escalated.

 

This is really giving me sleepless nights now :-((

 

PM sent

Link to post
Share on other sites

eh! dodge

 

welcome [:lol:]

 

to the great wide world of Welcome Finance.

 

never ever believe anything they write say or claim.

 

a good read of msgs from an old CAG member called postggj would be an idea.

 

great to have your expert eye on-board with these people

 

dx

  • Confused 1

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

It is getting late ow and I am tired but if this is the case I would simplay say that .

 

 

You deny that any contractual payment were due, as the agreement was terminated under section 99 of the consumer credit act and all the requirements under section 100 were met. In that over one half of the total sums due under the agreement had been paid and there were no arrears of installments when the contract was terminated and the car returned.

 

The disputed amount is for the post contractual charge which the claimant maintains represents damage incurred to the vehicle whilst on hire.

 

Section 100(4) of the act says only that reasonable care should be take on the goods under a hire purchase scheme.

The damage to the vehicle on surrender was consistent with a car of its age and it must also be considered that the car had defects when the debtor took possession of it.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

eh! dodge

 

welcome [:lol:]

 

to the great wide world of Welcome Finance.

 

never ever believe anything they write say or claim.

 

a good read of msgs from an old CAG member called postggj would be an idea.

 

great to have your expert eye on-board with these people

 

dx

 

Ye sorry I saw this thread so late, have to go to be now my eyes are going, must not let them get away with this on VTs many are in similar positions, I will look in in the morning.

 

SW get a good night sleep and forget all about it, it will be sorted, tomorrow is another day.

  • Confused 1

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi All, this is the letter I am about to file today as my defence any feedback very much appreciated.

 

"

This is not a debt owed via the original agreement.

 

Having voluntary terminated the vehicle, Welcome have attempted to obtain money by saying there was damage (make good costs) to the vehicle when it fact the wear and tear is acceptable according to BVRLA Fair Wear and Tear guide on the internet.

 

On the 22.11.2008 I contacted welcome finance requesting a voluntary termination of my hire purchase agreement under section 99 of the CCA1974.

 

I received a telephone call from the Cardiff office a few days later asking if I really wanted to go ahead with this termination, they tried everything to get me to extend the loan and reduce the payments, which Irefused as I was not in a position to keep the vehicle. They then advised they would arrange an RAC inspection prior to uplift and was I really sure I wanted to go ahead as they would charge me for any scratches or damage. I informed them the vehicle had stone chips on it when I bought it as it had covered over 85,000 miles and they never wanted an RAC inspection before they financed it, they commented that it’s not a requirement of their lending.

 

On the 24.11.13 I sent a S78 requesting a copy of my original agreement and to my amazement I received someone else’s credit agreement with all of their financial details on it, this was clearly addressed to me (I have proof of this). I immediately called Welcome informing them of this, they panicked and asked could I please return it as they didn’t want to breach data protection.

 

A week or so later they eventually sent mine but no communication regarding the make good costs.

 

On the 08.12.2008 I received a letter stating further to my telephone conversation they would arrange an RAC inspection of the vehicle.

 

The RAC inspected the vehicle at my home on the 15.12.2008. After inspection the inspector asked me to sign for the so called damages which I refused as I did not accept the car required any make good costs. The scratch to the rear of the vehicle was there prior to my ownership of thevehicle and to be honest I never did anything with it as it was hardlynoticeable and did not justify the cost to repair. I immediately contacted Welcome advising them how annoyed I was with this unfair inspection and I would not be paying for any make good costs and would be taking the car for an independent vehicle inspection myself. This was carried out on 16.12.2008 and was confirmed the stone chips were indeed fair wear and tear for a vehicle with 113,516 miles (I have a copy of the letter). I contacted Welcome again on the 16.12.2008 as I needed them to confirm a date for the uplift of the vehicle, they advised it may take a further 2 weeks and in the meantime I needed to keep paying.

 

I informed them the vehicle had been Voluntary terminated and they had accepted my termination. I sent a fax to the local office ( I have a copy) asking them if I could drop the vehicle off at their local office as I was concerned because we were away for a few days the following week and would not be able to keep an eye on the vehicle. The vehicle was collected by an Auction house a couple of weeks later.

 

Welcome contacted me by telephone advising I had an outstanding amount of £746.58 which were the make good costs for the vehicle, I explained to them again I would not be bullied into paying something that is not legally due, they accepted my voluntary termination as they had previously confirmed I had paid enough on my HP agreement. .

 

Up to Feb 2009 Welcome would regularly call me trying to get me to agree to pay this cost or set up a repayment plan which I refused yet again. The lady said that each time they called me they would charge me for telephone calls until this debt has been paid for. I repeatedly informed them yet again that the vehicle had been voluntary terminated and they agreed I had paid enough to go ahead with it and I would not be bullied into repaying a debt for damages and charges for phone calls as these were unlawful charges.

 

A debt collection agency contacted me in December 2009 and after discussing this and giving them the true facts they emailed me to say that I should discuss with Welcome as they were passing it back to them (I have the email).

 

Now in 2013 I have received constant harassment by telephone at home and on my mobile from a company called BW legal. I completely ignored their initial telephone messages to contact them regarding a debt as I owe them nothing. I cannot believe that nearly 5 years since my voluntary termination this unfair debt is constantly being sold around and it has now escalated to £1565.26, this is unbelievable. Once I received a court claim from Northamptonbulk centre I immediately contacted BW legal to discuss the matter and asked if they knew what this so called claim was for. They had no real information apart from it being money owed under a HP agreement for a vehicle with DVS vehicle solutions.I informed them I had no agreement with DVS as they were the car dealership and the lady responded by saying, oh no sorry it’s Welcome Finance. I gave them the full facts regarding this and they said they would have to go back to their client as they had no information regarding the account. I immediatelycalled Welcome Finance asking what they were doing as this was not part of my original agreement and if I owed them any monies then why had they not chased me and sent me statements to show this so called debt. The response I received was we don’t have to send statements and we cannot discuss further as the debt has been sold on and you must discuss with them.

 

I sent a CPR 31.14 request by recorded delivery on the 25.10.13 which was received and signed for by BW legal on 28.10.13, they have still not responded to in any way to this request. The 7 days to respond have elapsed, I offered them more time should they request it. Todate I have not received any letter acknowledging my request or a request for a n extension to allow them more time.

 

Today 11.11.13 I received an automated message fromBW legal to contact them, I called them back and asked why they had called me,the lady said she would see what it’s in relation too. I informed her I had made a CPR request she confirmed oh yes we are still waiting for documentation from our client.

 

How come this is now their client when Welcome says it’s nothing to do with them?

 

I have always paid my way and acknowledge my debts but I refuse to pay something for which I am not liable for. When the vehicle was voluntary terminated it had done 113,516 miles, surely any vehicle which has covered this sort of mileage, a certain amount of wear and tear is expected.

 

I am very disappointed that a debt collection agency has registered a speculative court claim obviously without actually seeing this has nothing to do with the original H.P Agreement and what’s more distressful is that I am not allowed to receive a CCJ in my current position at work. "

Edited by citizenB
formatted
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...