welcome finance lol

[neverw1n]

my sister got a car from carcraft must be at least 5 years ago and her finance came from welcome ... well she pays back £80 a week yes a week :o well since she had the car her now ex hubby who was banned from driving at the time took the car with out her consent and ended up putting it upside down in a ditch ( he was un hurt) well he had no insurance .. she is now single with 3 children and a morgage and workin her butt off to say on top of bills as ex hubby doesnt help at all , i hope that gives you a picture .. the guy from welcome rings my sister up at work calls round her house rings her hme phone etc if she misses a payment she has tried to tell him she cant afford this much but he just says well do you want to take another loan 2 pay this one off for same amount a week because if you dont pay your home is at risk personally i think he is harrassing her , he also says i need payment or head office will get on to me i said to her let head office get in touch with you and tell them your situation but she is so scared of him she just pays , can any one help me it makes me so angry that people can bully you like this we are going to citizen advice this afternoon but she has to also take £100 to DAVE .. really now it should be ex hubbys bill he wrote car off and told police he took it with out my sister consent ... i woud be grateful of any help at all

[rippedoffagain]

This is harresment, there is plenty your sister can do to stop it. She should write to Welcome, and tell them to stop phoning her. Harresment is a criminal offence!

[neverw1n]

thats great thank you i will get address and draft letter to them , she is scared of this man DAVE i can tell when she talks about it and she tells me she thinks she still has nearly £2000 left to pay on car well it wasnt made out of gold and also wasn't brand new when she got it ... i am so grateful of any help do u think its best to write to head office and not the one where these dave works well i think she will be to worried incase he calls round her house he doesnt use her front door he goes round her back and uses her back door as well ... sorry if i go on i just so cross and feel so helpless

[rippedoffagain]

Do you mean he just walks in?

[rippedoffagain]

Letter re telephone calls

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Letter to request copy of agreement.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

 

SAR request (for statement of account etc)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[Laiste]

Hi,

 

I am really sorry to hear about your sister's experience, I imagine this is causing her endless stress and grief. Particularly as she is trying to provide for the family without any support from her ex.

 

Tell your sister not to put up with this bullying, intimidation and harassment a moment longer. What this ar**h**e is doing is unlawful and illegal. You must send a letter to the Head Office immediately by guaranteed next day delivery, so they can't deny receiving it, telling them that they must cease and desist from this behaviour, otherwise the matter will be reported to the police and Trading Standards and all other relevant regulatory bodies.

 

State in the letter that this guy's actions are a breach of S1 of the Protection From Harassment Act 1997. This behaviour also contravenes S40 of The Administration of Justice Act 1970 regarding the collection of debts. Also advise your sister to state that she is withdrawing permission for any of the Company's representatives to enter onto her land. So that means, he cannot walk into the garden to knock on the door and has absolutely no legal right to enter into the property.This would constitute trespass and tell them so!

 

Under no circumstances should your sister leave the back door open just in case he turns up again. Your sister must always have a phone with her. If he turns up your sister must tell him he is trespassing and his actions constitute harassment, which she can have him prosecuted for. She must then tell him to leave immediately otherwise she will call the police. If he refuses, don't give it a second thought RING THE POLICE IMMEDIATELY! If you do have to do this, simply say there is a man outside acting in a threatening and abusive manner. The reason he is there you can explain later, just in case they are a bit reluctant to visit.

 

Your sister must be proactive in this matter, he will keep turning up as long as he thinks his threats will force your sister to pay. Your sister should also do a CCA request to establish if there is a credit agreement, if there isn't there's no debt. A DPA request would also be advisable to get statements for the lifetime of the a/c and all notes on the a/c generally.

 

We have all had dealings with companies that flout the law and use disgraceful (and illegal) tactics to get money. The key to stopping the harassment, is to read around the forum to gain an understanding of the law in this area. These companies thrive when they can convince people that what they are doing is perfectly legal. They use threats as leverage to get you to pay, if you resist they threaten Court. All these things are designed to frighten, so what do many people do? They pay up! Without questioning anything! Lets face it if you're scared, the last thing on your mind is posing questions. You probably don't know what Q's to ask either, which is perfectly understandable. knowledge of what is lawful and what isn't will help your sister to overcome the paralysing fear which encourages many people to simply pay up when they can't afford it and even where its unlawful for the company to be collecting the debt.

 

Remember question everything, believe absolutely nothing that this company says. They are no more familiar with the truth than I am with quantam physics! Above all fight back and oh, fight back!

 

I hope this is helpful and keep us updated on your sister's progress.

 

Laiste.

[neverw1n]

i dont think he walks in but i will ask her when she rings me back in a min. she was suppose to take £100 to him to day because in the month of dec he said dont worry about payment with it being xmas. But we work in residential home and she went to a residents funeral today and her car (the pistons gone lol never rains less it pours) is off the road she lives in country and so far when i spoke to her hasn't been in to pay him he has rang her home phone already asking for her and her mobile rang well i was talking to her not sure if it was him ... once she tells me he wanted her daughter to catch bus in to town get the money for him and then bring it home to my sisters and he would send someone out to fetch it

The thing that worrys her most is the car loan was secured on her house and he says that if she dont pay they will take her house off her ...

Steph

p.s Thank you for all your help you dont no how much it helps i knew it was harrassment but i didnt no where to go for a letter cos i'm not very good at putting letters together and i no my sister is just buryin her head in the sand and embarressed about it ,i told her tell everybody about it let them no all about DAVE from welcome finance

[rippedoffagain]

Hi

 

Your sister urgently needs to know just what Welcome have in their files. Welcome would have a long hard time trying to repossess her house, I would think.

[Laiste]

Hi again,

 

There is no reason whatsoever for your sister to be embarassed! Most people have debts and an awful lot get into difficulty because things happen in life that are beyond one's control! This moron is getting away with this because he knows your sister is frightened and embarassed. Its almost like a little secret and he exerts control with the threat of repossession etc. Like I said earlier believe nothing that this guy or his company states until they back up their assertions with proof. I personally doubt that this debt has been secured on your sister's property, but she needs to do the CCA and DPA requests to find out what's going on for sure. You would not ordinarily get a loan for a car and have that loan secured on your property. I don't know your sister's circumstances and I will say that the secured loans market is not an area I've had dealings with. I do know however that this sort of behaviour is illegal and requires immediate action on your sister's part. The only way to sort this out is to start sending the letters necessary to get the information to make a case against them.

 

To be honest panicking is a waste of time and your sister's energy and she needs to concentrate her efforts on taking control of the situation. Take decisive action and DAVE will soon stop what he's doing. Your sister's objective however, should be to establish if there is indeed a debt. This may sound like a contradiction in terms, but if there are penalty charges on the a/c and a claim for harassment could wipe out any debt. Better still if they can't produce the credit agreement, there is no debt for your sister to pay!:grin:

 

You both need to take a deep breath, don't panic and face the situation with determination. You can sort this out, there are many people on here that have sorted out debt problems with companies and there will be many that will offer you help and assistance. You are not alone and there is a wealth of advice on here.

 

Laiste.

[rippedoffagain]

Just a quick thought, for £3.00 you can search the land registry at

 

Land Registry : House prices

 

Purchase the title register for your property. If Welcome have a charge on your house it should show here.

[PriorityOne]

Letter re : harrassing visits....

 

Dear XXXXXXXXX

 

Please note that from this date forward, I am only prepared to communicate with you in writing. Should it be your intention to continue arranging “doorstep calls”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so again without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours (ever so ) sincerely,

 

XXXXXXXXX

[neverw1n]

THANK U SO MUCH !!!!! for all u said and i have copied letters and will be sending them tomorrow all in same enverlope with cheque for £11 dont want to hold up anything sooner she gets DAVE off her back better for her ... he has left a message on her answer phone saying Alan will call by on way home for money save my sisters petrol so now she is in hiding and her son will be saying mums at work ... can anyone tell me what kind of a loan place that says if you dont pay u will lose ur home ,can also say dont worry about payin this month (december 2006 ) with it being christmas

but this week he wants £100 just to keep head office of his back he makes it out as if e doing my sister such big favour a$$^0!3

 

I will defo keep u updated on this and i am looking forward to challange but then its not me thats hiding behind the seatee

I am also going through claimin bank charges back for my self, and mine n hubbys joint account ,i am nearly at the end got court date , plus helping my sister she is at beginning she saving to pay MCOL so she can start proceeding to court .. i feel so much more confident for her

[PriorityOne]

... can anyone tell me what kind of a loan place that says if you dont pay u will lose ur home ,can also say dont worry about payin this month (december 2006 ) with it being christmas

 

 

It's the kind of thing they come up with from time to time to scare folk into thinking they have no choices....

 

Good luck with the letters... this DAVE sounds so puffed up, he might even burst if someone took a pin to him ! :grin:

 

I would be deeply ashamed to admit to giving birth to something that grew up to work for a DCA....

[neverw1n]

GREAT LETTER !!!! i am adding my sisters information as i type:) well ok in between i ent that clever

 

they charge £3 for every phone call

£10 for a visit

£15 return cheque or DD no chance of this as my sister only got cash machine card

ok bit calculations 4 u i already done them

car was £3760

with finance £6103

repayments were £241.97 a month all took out 31/1/03

now i have no qualifations at all (u can tell by spelling and lack of puncuation) but i'm sure all this should be paid for by now

o and something else the loan or what ever was took out in both my sisters and ex name but now she is 1 who pays it and get hassle for a car she hasnt got any more cos ex rote it off

[PriorityOne]

Your sister definately needs to do the CCA/SAR requests, as advised. DAVE's rule is well and truly over...

[neverw1n]

just to let you no i have done letters already, tomorrow my sister will sigh them and off with cheque for £11 to welcome in glos they will go recorded delivery i will keep you updated on how it goes

I just cant thank you all for your help and advice

I will be back