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Attend court for questioning - welcome finance

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Hi, and here we go with my welcome story.

 

I purchased a car and the loan was through welcome finance

- the original agreement was taken out in May 2006.

Payments were made as agreed

 

 

then I had some financial difficulties and they agreed to reduce the payments to £150 per month

- again these payments were met.

 

 

A short time later I missed payments again (2 I think) and received a default notice.

I telephoned welcome and he said payment needed to be made otherwise

they would take steps into repossessing the car.

 

I said on working my figures out we had paid over the required amount and did not have any right to repossess

- the answer to this was that I had signed a new agreement in August 2008

when reduced payments were made and therefore with this new agreement,

with added interest and extended terms! not enough money had been paid

- my reply what new signed agreement,

 

 

I did not sign a new agreement!? - please send me a copy.

Eight weeks later no cop sent

telephoned were I was told they could not find this agreement (surprise, surprise)

 

 

my question was what happens now

he replied that I needed to write to head office with my complaint.

 

 

I also asked so what happens now surely you cannot revert back to my old agreement

because as far as you are concerned this was revoked and a new one was signed to which you cannot find?

- answer I think you need to contact Head Office!

 

I have uploaded my agreement for anyone to look at, but my questions are this

 

1. What letter do I need to send

2. Where do I stand with regards to any payments to be made

3. Does my old agreement still stand

 

Thanks for any help in advance

 

welcomeagreement2001.jpg?1276279764

 

welcomeagreement1001.jpg?1276279831

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well the terms and conditions will now be on the first agreement along with the rights and protections of the cca 1974

 

if you have paid the 50 % mark, you can vt or if a third, they cant repo with out a court order

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Thanks for the quick reply.

 

if I want to just keep the car

do I just continue to pay the payments which they agreed at the reduced rate

even though there is no agreement in place,

 

 

just as far as I am concerned this was verbal,

but on their computer screen it shows a new agreement was signed but they cannot find it.

 

Do you think the original agreement which I have attached above appears ok?

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give me 30 minutes to check the agreement out

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Bump:)

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Thanks post - sorry our messages must of crossed with each other.

 

Thanks in advance for any help:)

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ive spotted a few things

 

36 payments @ £288.63 works out at £10,390.68

 

welcomes total payable is £11,290.68

 

a difference of £900

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take £800 off for the deposit

 

whats the other £100

 

that will be the option fee

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Don't know 8-) the £100 must be a mis calculation??

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Sorry yes just looked at agreement it does state £100 in the option fee (what is this?)

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do you have a document called

 

STATEMENT OF PRICE

 

this will state the true cost of credit for the car and insurance crap

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if you want to purchese the car at the end of the agreement you pay this extra £100

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if you want to purchese the car at the end of the agreement you pay this extra £100 - how cheeky is that!!

 

Regarding the Statement of Price - looked through paperwork but no cannot find this.

 

What plan of action do you think I should do now

 

can I put the account into dispute because of the missing 2nd agreement?

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Ime Digging Out My Special Sar

 

Just For Welcome

 

Back In A Mo

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I believe that you can no longer put accounts in to dispute with welcome as they don't have to adhere to the banking code, not being a bank an all that. If you paid more than a third on your first agreement before the alleged rewrite they can't legally repo your car.

If they haven't got a second agreement then they are gonna struggle to enforce it if they decide to go to court!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I AM POSTING THIS FOR FUTURE REFERENCE ON PEOPLE DOING AN Subject access requestlink3.gif ON THESE JOKERS,

IS ASKS FOR SPECIFIC DOCUMENTS AND LEAVES THEM NO ROOM TO MOVE.

 

SEND TO

 

WELCOME FINANCIAL SERVICE

COMPLIANCE

RUDDINGTON FIELD BUSINESS PARK

RUDDINGTON

NOTTINGHAM

NG11 6NZ

 

REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIEVERY

 

GOOD HUNTING

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal datalink3.gif which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 yearslink3.gif of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

I require all information on details of all insurance products supplied by welcome financial services. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

If mortage indemnity insurance has been added to the agreement, i require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interestlink3.gif charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

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Hi, wannabedebtfreesoon

 

 

I need to check my figures to see if more than a third was paid on first agreement

but I am 99% sure it is.

 

 

if they cannot find this second agreement they have every right to use the first agreement?

and if so will that mean I will have to revert back to paying what I originally agreed to pay a month?

 

 

which at the moment I cannot afford to do

 

Thanks posttggj I will send this

- but not being funny when I receive all this info back how is this going to help my situation??

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some of us are old hands ref welcome

 

you will be surprised at what an sar opens up

 

its the statement of price i need to see

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ok, thats great

 

 

in the meantime should I still pay them my £150 monthly payment

or can I afford to miss this months payment whilst they issue me with this info.

 

 

The guy i spoke to on the phone at welcome today actually said he would be interested to see how head office deal with this due to the second agreement not being there

 

 

he told me it was in my best interest to take the matter further!!

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as it stands at the moment, its the first agreement thats valid

 

you would be wise to make the payment and wait for the sar

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ok thanks will be in touch as soon as info received - thanks again for your help:)

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I will cut a very long story short

 

Welcome finance are stating we owe them money for a car we purchased

- near to then end of the contract I took ill and asked for payments to be reduced for a short time

and unbeknown to myself they refinanced the car and added a high number of costs to it

 

 

- after time I received a statement and to my dismay realised how much they now said I owed

and put the account into dispute and kept asking for copy of new agreement as I had not signed anything

 

Eventually after many years they took me to court but I was unable to attend due to work commitments and working away

 

 

sent my defence in stating that welcome had no proof of this debt

as I had not signed a second agreement and to my dismay lost the case !!??

 

I now have received an order to attend court for questioning which I assume now to see my financial status to pay this debt

 

What I would like to know is which form do I need to fill in to disagree with this judgement

 

Thank you in advance

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for history I've merged your old thread here too.


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

 

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Thanks

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you lost the case how?

 

 

did you cca them etc and put them to strict proof of a signed 2nd agreement?

 

 

this was very typical of welcome in this era

and the fca know about it very well too..

 

 

did you attend the hearing?


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

 

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