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please be extremely careful and do not be rushed into anything!

 

IMO do not sign another agreement.

 

WHY are they offering to wipe out the arrears, either you owe it or not, unless they know it is unrecoverable re the agreement is flawed?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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I am currently making a claim against Welcome to have the entire loan deemed void as they seem to have broken several rules of the game in the process. I have had in on good advice that Welcome are permanently not meeting the correct requirements when setting up these agreements. PM me if you want the details so you can look into this yourself. All the best.

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thank you guys plus the new agreement would have the full amount on??? i have asked for in in writing they said the lowest payment i could make would be 94 per month once i have paid 3500 then the rest of it is wiped off.

How do you do a pm never done one k1mmie?

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be very careful about rewriting the loan

they dont do this for nothing

i have not looked at your full thread yet but i see you took out the agreement in 2004

this means you are protected under the cca 1974

have you confirmed they do have the agreement for the loan, have they sent you a copy of the agreement.

welcome were very lax in administration, i later found out welcome did not even have my agreement. case closed

 

do not resign a loan without taking advice

 

once you sign the new agreement there is no way out

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right im am starting to reclaim my ppi with welcome as i have had a top up loan off them and at no popint did we discuss ppi.do i need to call the local branch to cancel the ppi that is on my loan now or do i send a letter.i applied for the loan on the second of this month

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thank you guys plus the new agreement would have the full amount on??? i have asked for in in writing they said the lowest payment i could make would be 94 per month once i have paid 3500 then the rest of it is wiped off.

How do you do a pm never done one k1mmie?

click on the name top left and then contact info, it will show a send private message link, click on that:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...

hi all quick update

Well she the nice lady from Welcome called me this morning to see if we have agreed to her deal told her i have some questions:

the new agreement that needs to be signed how much will it be for??

she replies for the full amount outstanding but she will put a note on the computer stating we only need to pay 3500 i say er no why would we sign an agreement for that amount when we dont owe it???

then i said you havent taken off the insurance off the balance as requested??

she replies she has taken off the gap insurance, mechanical breakdown, but not the ppi??

I ask why she says i didnt realise you wanted that refunding (yeah right) this alone is over 1600 pounds the total amount of the insurance is £4653.

plus i asked for any defaults on the credit rating to be amended as the account was in dispute so no defaults should have been put on.

 

After all this said she'd call me back ....................still waiting any suggestions folks

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sorry, why are you rewriting, have you checked the enforceability of your current agreement, have they sent you a copy? if they have included certains sums in the total then it may well be irredeemably unenforceable and they may have to write off the whole thing.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi maybelline

Let me backtrack last year i asked welcome for a settlement figure as they would not give me an upto date statement, well i thought i owed about 2500 pounds then i get the statement which says i still owe over 6500 but they will happily settle for 5500 so on looking at the statement i had "fees" ranging fron £5-£400!!!

 

Then my battle began i requested that these fees be refunded and explained as well as the optional insurances be removed well we have be to and froing with then plus the usual threats that the vechicle will be repossessed etc bear in mind i have already paid £8000 so after taking some advice on cag i informed them that the agreement is unenforceable and the acct was in dispute. Every three months or so someone calls to resolve the issue says they will call back but dont.

 

This last one wasnt happy as she has tried to get me to agree to get my brther to sign another agreement with the balance outstanding i stated that the figure was incorrect as arrears had been applied whilst the account was in dispute plus the optiional insurance hasnt been refunded?? i will call you back later she says...............

Well its 24 hours later still no call plus may i add on her first call she implied that if we didnt sort out the account then it would go to court (like i am going to be intimitdated!)

Wouldnt mind actually as the agreement was signed by my brother who got the car for me i have made all the payments on the car plus dd debit cards the lot always hassled me for the car payments if i was late so we requested since 2004 could you please change the account name er not yet they said lying all along..........

How do i check the enforceability of the agreement? i have the original copies i dont want to pay them another penny if im honest because off all of this stress, plus there is still finance attached to the car i cant even sell it

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you need to REMOVE all identifying features on the agreement, assuming you have a copy and put it on here or pm it to me or a mod to check. read up o the Agreement Enforceability threads and they will also tell you what it should look like under the regs. if you dont want to put it on the public forum do it by PM and I will try to help. see peter bards thread on enforceability as this is where I learnt all my stuff from:):)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hello maybelline,

 

very useful link.

Thank you

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 1 month later...

Hi Guys sorry you havent heard from me in a while but i have been fighting other battles, well since i last posted on this the nice lady hasnt called me back but out the blue i get a call today from AMD on behalf of welcome finance he says he would like to come to some agreement about the account as Welcome would like the matter resolved and how much would i like to pay each month. I ask what figures he has anyway he tells me he is willing to accept £2500 as a full and final settlement and he will convert the account into my name as a personal loan???

 

Anyway i go through the figures with him and guess what i owe £900 but they also owe me £1568 in charges.

He is basically looking at the account as a whole, see if you guys understand this: I dont have a scanner so i cannot post my agreement but i have the original here so here goes:

 

 

AGREEMENT FOR GOODS:

 

CASH PRICE:£54330

LESS DEPOSIT: £1000.00

PART EXCHANGE: N/A

TOTAL DEDUCTED (B&C): £1000.00

AMOUNT OF CREDIT (A &D): £4430.00

ACCEPTANCE FEE: £150.00

FINANCE CHARGE: £3846.88

TOTAL CHARGES(F&G): £3996.88

TOTAL AMOUNT PAYABLE(D+E+H): £9426.88

 

 

APR 42.7%

AMOUNT OF MONTHLY PAYMENT IS £175.56

 

 

TOTAL MONTHLY PAYMENT £272.50 (I WILL EXPLAIN THIS BIT IN A MO)

TERMINATION: YOUR RIGHTS: JUST PUTTING IN THE AMOUNTS

 

£4713.44

 

REPOSSESSION

 

£3142.29

ON THE OTHER SIDE OF THE FORM AS IT IS SPLIT IN TWO YOU HAVE THE FOLLOWING

AGREEMENT FOR OPTIONAL INSURANCE

 

PPI £1628.84

MECHANICAL BREAKDOWN: 600.00

EMERGENCY RECOVERY: 0

SHORTFALL INSURANCE: 300.00

COLLISION CALL:0

OTHER INSURANCE

TOTAL PREMIUMS: £2528.84

FINANCE CHARGE: £2124.28

TOTAL AMOUNT PAYABLE: £4653.12

APR: 39.7%

 

PAYABLE BY 48 MONTHLY INSTALLMENTS £96.94

 

SO THE 175.56 AND 96.94= 272.50 @48 MONTHS

Ok so unwelcome have offered to refund the insurance but not the finance amount the guy kept going back and forth on the phone came back and said the final and full offer is £2107.37 left for me to pay otherwise it will go to court but he will change it to a personal loan in my name and the finance will be removed from the car. However i have paid £8443.81 already and i resent paying the finance for the insurance that i didnt want/need in the first place.

He was trying to scare me that i would have to go to court and an attachment of earnings order be put in place etc i told him if the matter is not resolved i would be quite happy to go to court, any ideas folks i know its a long one feel free to ask any questions/suggestions thanks Mich

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IMO repost this on the big Consumer Credit Agreements thread where those who know what your agreement should look like, the figures etc will be able to look at it, if your agreement is unenforceable then they (WF) will know it too despite all they say to the contrary.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/147639-welcome-finance-investigation-7.html

 

seems to me that they would like you to sign another agreement? you must consider why they are negotiating at all?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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yes its true but i would like this sorted but i really dont want to sign another agreement. Plus i did request that he send me the offer in writing still not materialised yet so im not agreeing to anything yet. Thanks for the link but im a dummy i didnt get how it could help me?

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yes its true but i would like this sorted but i really dont want to sign another agreement. Plus i did request that he send me the offer in writing still not materialised yet so im not agreeing to anything yet. Thanks for the link but im a dummy i didnt get how it could help me?

 

 

Car Credit Complaints

 

try this from the thread

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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find out if you can get legal assistance for challenging your agreement if that is what you want to do. decide what you want to do first then see if you are able to, maybe you will qualify for legal aid, if so, then you can look for a solicitor who will sort it all out.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi all Hope they get whats coming

 

 

I am in need of some advice

 

 

I have CCA and DPA welcome finance, which diputes the account do i need to still make payments on the account? I am going to start my own thread when I get all the info back but I was just wondering as I told them not to phone me, and they have phoned me at work for payment today ?

 

 

 

sorry about my grammer i kinda have dyslexia

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  • 2 weeks later...

Hi Guys I seem to have hit a stalemate with welcome plus ive had an disagreement with my brother who is demanding that i get the car finance agreement out his name, the only way i can do that is to agree to their demands and sign a new agreement as i need to get the finance off the car as it cant be re-sold as its currently showing owe 6500 when its actually 900 but the guy that called me said the lowest he can refund me down to is 2107, which isnt fair but he said he will put on the computer 1200 so any ideas folks

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where is everyone?

Hope you are all ok anyway just got a letter today from Welcome dont know how it arrived to be honest as have of the address is wrong as well as its address to my brother and to be delivered in a different county! lol and postcode!!

Well anyway it says further to my letter dated blah blah didnt send one ! My current balance is 6700, We are in a position to reduce your settlement to £1780, provided payments are increased on a monthly basis to a minimum of 87.32 (what does this mean?) and the first full payment is made by 28/08/08 (ehh its already passed!) or an ongoing arrangement can be weekly payments of £21.83

 

Should monthly payments be missed once an agreement is put in place then you will recieve a pro-rata reduction from the amount agreed above (what does this mean exactly)

 

Please could you guys give me the heads up on what you think they also provided me with a copy of the agreement and on the top is says HIRE PURCHASE AGREEMENT REGULATED BY THE CCA 1974 ON TRADE PREMISES

 

My question is: is the agreement a hire purchase agreement or a car finance agreement as the deal has now ended but welcome still have finance on the car so i cant sell it as it still has hp on it

 

Any ideas?

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