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welcome haven't collected car 9mnths after VT


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Hi there

I’ve been looking around the CAG forums for an answer to my problem with Welcome Finance/Yes Car Credit and am wondering if anyone has an idea as to where I stand?

I will try to cut a long story short

9 months after ending my hp contract by voluntarily terminating the contract I still have the car and have not been received any reply from welcome finance after 3 letters and numerous telephone calls, before I VT’D my contract I ensured that the agent I had been dealing with came to see the car and would accept it in its condition, the agent said that they would accept the car but due to storage problems they wouldn’t collect the car immediately only that was nearly 9 months ago and I don’t know where I stand

Please help as I’m afraid that the car will be taken by the DVLA as it has no tax and I would be liable for it!

Thanks for any help given

 

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DPA template letter sent on 28/07/06

Standard reply recieved on 04/08/06

Copy statements recieved on 30/08/06

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I would certainly call the DVLA and ask them what to do. The car isn't actually yours now so I would think you could transfer it to them and notify the DVLA. I'd also see if it is possible to charge them storage!

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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thanks londonpam, i have contacted the dvla and they are sending out a letter to confirm the vehicle is no longer mine, do you have any suggestions on how or if i can charge them storage as i believe i should after all the hassle they have put me through

 

thanks matt

DPA template letter sent on 28/07/06

Standard reply recieved on 04/08/06

Copy statements recieved on 30/08/06

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  • 2 months later...

Hi jackz

 

Speaking with experience there is a couple of things to watch out for!

 

Have you been defaulted since the VT was agreed - the credit company have not received the car back, the balance of your account is still effectively unpaid as your car has not been sold (auction) to recover their losses.

 

Have you been charged any interest on the remaining account by the credit company, or have a Debt collection agency been instructed (further increasing costs)

 

With a VT the car is sold at auction to recover losses - your car has now depreciated in value over the period of non-collection.

 

Seek legal advice - CAB for example - with all copies of letters/notes of calls etc. Was the car on HP or a credit agreement/loan? If credit agreement or loan - and you haven't surrendered the V5 etc, you might be in a position to write and advise that if they have abandoned the vehicle and do not collect, you may have a claim against it (I'm looking for the case law) - definitely worth gettting some advice! (something to do with law of possesion under abandonment!)

 

A couple of things here definitely worth checking, you may have charges building through no fault of your own!

 

All the best

Perseus

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

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Capital One - Final LBA 28/5/7 - then Court

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GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

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Alliance & Leicester - Final LBA 28/5/7 - then Court.

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