Welcome Finance Ignoring My Request To Cancel HP Agreement

[kp278]

hi, i'm hoping for a bit of advise on a hp car agreement. welcome are ignoring my request to terminate the agreement.

 

info:

i have a hp agreement with welcome finance.

i have paid over half, thus making it possible for me to end voluntarily and not be liable for any costs.

my account is upto date with no arrears or defaults.

 

i called welcome on 6th march. they advised they would forward termination request to head office who would contact me. no response.

i sent recorded letter, signed for on 19th march. no response.

i called national debt advice line and they advised me i should take the car to them, hand over the keys and ask for a receipt.

i called welcome on 2nd april, advising what national debt advice line told me and they filled out the form for head office whilst i was on the phone.

they advised:

they will contact me within 14 days to arrange an inspection. then another 14 days to arrange for the car to be "lifted".

 

i pay weekly (as i get paid weekly) so i'm covered up until this thursday.

at the moment my wish is to not pay any more money and to cancel the insurance on friday morning.

i cannot find anywhere in the signed agreement that states i have to give them any notice.

hence my thinking that as they received written notification two weeks ago, i would not be in the wrong were i to deliver the car to them, stop paying the hp and cancel the insurance.

(i'm perfectly happy to deliver the car to them on thursday before i cancel the insurance and stop paying the hp.)

 

i would greatly appreciate any advice on where i stand legally if i stop paying and cancel insurance.

 

thanks, kristian

[kp278]

Hi,

I too am in the process of voluntarily terminating a HP agreement with Welcome. I have paid over 50%. I was supposed to have an RAC check last Thursday. I said to the lady that called to arrange the inspection, that as my wife has to take and collect my children to and from school, the mechanic will need to call first to make sure someone is in. He didn't call, turned up when no one was in and now Welcome are trying to charge me £40. Is there anyway I can successfully argue against this charge.

 

Also.... I had the inspection done today. The report lists:

engine starting fault, further investigation

rear wing left - dented

rear lamp assy left - damaged

rear bumper - damaged

front wing right - dented

front door right - dented

bonnet - dented

 

total repair cost inc vat - £1036.50

 

Now, this car is actually in very good condition. The "dents" the rac report mentions are between 95% and 100% invisible and are more "marks" or "dinks" than dents. Plus they were there when I bought the car. "Dents" is an amazingly strong word. The starting fault is mine and the cracked rear light cover is mine, although it passed an mot. Will Welcome take this report at face value and try and charge me the whole amount, or will I get a chance to dispute this? I was almost shocked when I read the report- I thought he'd inspected the wrong car!!

[calvi36]

Hi KP, you must be nuts, sorry u have prob heard that a billion times lol. Ok lets look at the 40 quid, no you will not be liable as you had informed them that you required a call prior to the inspection being done, did you get the name of the person you spoke to on the phone?

The vehicle would not be expected to be in showroom condition when VT takes place but fair wear and tear is allowed for see BVRLA web site for fair wear and tear allowances. Dents are not allowed but these can be a greay area, small dent repair by cosmetic dent repair co, say £45 ex vat. You have 3 dents so max of £150. If the dents required painting then say another £40 per repair, £120. Just remember that they will be quoting you authorised main dealer bodyshop repair prices and not cosmetic repair prices. However I know for a fact as i have worked in this area long enough to know that they will normally not do any repairs at all before it goes to auction or that they will do only cosmetic repairs to make it look like the dogs gonads to achieve more at auction. before you agree to settle this inform them that you will have the repairs done yourself and then wish the vehicle re-inspected, you may have to pay for this. If the car has already gone then insist on a valid invoice from the company that did the repairs stating a complete breakdown of their charges for labour and materials. If the vehicle has gone through British Car Auctions or Manheim then they have inhouse cosmetic repair teams and believe me the finance house will not be paying main dealer prices, they will be paying trade prices, so it's back to bank charges, unless they prove to you that their actual costs are what they are requiring you to pay then it's a no no, ask them for proof of the payment they made for the repairs, see if it matches with the job sheet/invoice/estimate from the repair company. BET U A QUID IT DOES NOT! Hope I have helped in some way bud. Yup another edit, replace the rear lights yourself if it's still there and have the starting prob fixed too.

 

 

calvi

 

PS I had to edit coz i type too bloody fast

[Paulyx]

I have had very same problem.

Tell 'em to show you the pre delivery inspection report so you can compare. There wasn't one was there! Tell 'em to take you to court and you'll settle there.

I've been asking BCT to take me to court for 3 yrs nothing at all. when they ring (and they do) i ask have you got the date yet? and just repeat myself. They comeout with all sorts of hot air threats ..bankruptcy, attachment to earnings etc....tell em 'have you got the court date yet?' nothing will comeof it. It's a big con!

don't worry and don't pay em a penny! stick to your guns.

Paul

[kp278]

hi, ive just noticed a #8 default on my credit file from welcome finance.

 

i had the hp agreement for just over 18 months before voluntarily terminating the agreement- i had paid over half. hp was terminated.

i never missed a payment on the hp agreement. they informed me that the make good costs were £160 which i agreed (verbally).

they sent me a letter confirming the £160. i asked them to provide a receipt for the work done before i would pay. they called me stating that i could pay £65 and they would wipe the rest off. i said i would still like to see a receipt.

i haven't heard anything from for over a month.

 

i've just checked my credit file and it shows that i defaulted on 6th july, and last update on the credit file is 22nd july. i've never received a default letter/ notice from them. or a receipt.

 

looking at the wording on the credit file, it seems like i would need to miss a number of payments before they could place a default on the account.

 

i'm feeling a bit cheated. should i have received a default notice before they defaulted my account- is there anything i can do to have the defaults removed?

 

thanks, kristian

[kp278]

just looking for something and came across my old thread. i called welcome credit and disputed the report and the costs dropped to £150. i didnt have to pay the £40 fee for the inspection either.

[kp278]

LINKS TO IMPORTANT INFO - i will add more links when i post relevant info.

 

PDF OF CCA

http://laurenstephens.net/uploads/ba9cfbba13.pdf

ORIGINAL LETTER TO WF REJECTING VEHICLE

http://www.consumeractiongroup.co.uk/forum/show-post/post-2021541.html

 

DETAILED NOTES

http://www.consumeractiongroup.co.uk/forum/show-post/post-2061583.html

____________________________________________________________________________________________________

 

hi, i'll start by telling you that this is from 2005. i'm going through my old paperwork and i'm annoyed with myself that i didnt know any better at the time. is there any opportunity to reclaim any money back on this experience. here's the brief info:

 

2/7/05 bought 2nd hand car from garage, financed by welcome finance.

 

5/8/05 car developed major fault. advised garage and WF.

 

16/8/05 car returned to garage.

 

26/8/05 car picked up. fault still apparent but not as pronounced.

 

1/9/05 sent letter to WF rejecting the car. i advised that anything paid after this date would be "paid in protest".

 

19/9/05 phone call from WF- not interested in rejecting car (if only i knew then what i know a brief amount about now). offered £50 compensation, i refused.

 

24/9/05 car collected by garage for second go at repair

 

11/10/05 car returned. problem fixed, but new problem.

 

20/10/05 took car back to garage, couldnt diagnose.

 

21/10/05 diagnosed myself

 

24/10/05 car back to garage to sort new problem.

 

26/10/05 car returned, all good

 

onto:

4/4/06 car at tyre place for new tyres. tyre fitter pointed out oil leak. i narrowed down the oil leak to a component related to the big problem this car had. i decided not to contact the garage again because of the amount of grief i had experienced previously.

 

13/4/06 paid my usual garage £250 to fix the oil leak.

 

i have 12 A4 pages of notes on what happened between 5/8/05 26/10/05, detailing conversations with garage and WF. at some point between 5/8 and 26/10 i accepted £100 compensation, but it was done over the phone, nothing was signed but i dont remember if it was in full or final settlement. i never received anything in writing from WF, equally the only letter i sent them was the rejection letter. trading standards told me that i should have done everything in writing, however a solicitor has told me that a detailed list of notes including days/times of phone calls is sufficient if i want to take further action.

 

in 2007 i voluntarily terminated the contract with WF.

 

im annoyed that i didnt know more about my rights otherwise i would have rejected the car after the first crap repair and accepted nothing less.

 

i think i was without a car for 2 months. can i do anything now? in the end i paid £300 deposit and £2310 (just over half).

Edited March 24, 2009 by kp278
added links

[legalpickle]

hi, i'll start by telling you that this is from 2005. i'm going through my old paperwork and i'm annoyed with myself that i didnt know any better at the time. is there any opportunity to reclaim any money back on this experience.

According to the Limitation Act 1980, the statute of limitations is usually 6 years. There are exemptions, but none that would apply to this case.

 

here's the brief info:

 

2/7/05 bought 2nd hand car from garage, financed by welcome finance.

 

5/8/05 car developed major fault. advised garage and WF.

 

16/8/05 car returned to garage.

 

26/8/05 car picked up. fault still apparent but not as pronounced.

 

1/9/05 sent letter to WF rejecting the car. i advised that anything paid after this date would be "paid in protest".

The correct term is "paid in dispute".

 

19/9/05 phone call from WF- not interested in rejecting car (if only i knew then what i know a brief amount about now). offered £50 compensation, i refused.

 

24/9/05 car collected by garage for second go at repair

 

11/10/05 car returned. problem fixed, but new problem.

 

20/10/05 took car back to garage, couldnt diagnose.

 

21/10/05 diagnosed myself

 

24/10/05 car back to garage to sort new problem.

 

26/10/05 car returned, all good

 

onto:

4/4/06 car at tyre place for new tyres. tyre fitter pointed out oil leak. i narrowed down the oil leak to a component related to the big problem this car had. i decided not to contact the garage again because of the amount of grief i had experienced previously.

 

13/4/06 paid my usual garage £250 to fix the oil leak.

 

i have 12 A4 pages of notes on what happened between 5/8/05 26/10/05, detailing conversations with garage and WF. at some point between 5/8 and 26/10 i accepted £100 compensation, but it was done over the phone, nothing was signed but i dont remember if it was in full or final settlement. i never received anything in writing from WF, equally the only letter i sent them was the rejection letter. trading standards told me that i should have done everything in writing, however a solicitor has told me that a detailed list of notes including days/times of phone calls is sufficient if i want to take further action.

 

in 2007 i voluntarily terminated the contract with WF.

 

im annoyed that i didnt know more about my rights otherwise i would have rejected the car after the first crap repair and accepted nothing less.

 

i think i was without a car for 2 months. can i do anything now? in the end i paid £300 deposit and £2310 (just over half).

Boy, you don't have much luck with vehicles, do you!

 

Firstly, Trading Standards are correct. You should have done everything in writing and should never have spoken to them, especially Welcome! If you call any company you should have a call recorder (which is legal), and you can get them for £30, but it is always preferable to conduct such affairs in writing and insist on this matter. Whilst the Solicitor is technically correct, they can dispute anything and you'd be hard pressed to prove it unless you had somebody with you - and even then, they could conjure up witness statements - and I wouldn't put it passed Welcome - which would make your claim hard to prove.

 

Secondly, it would be easier to give advice if we have details of the agreement. Preferably, if you can scan in a copy of the agreement - removing confidential information - and post it here, then it would be best. If you don't have a copy of the agreement, do both CCA & SAR requests.

 

Do you have receipts?

 

Please copy details of the conversations, not including personal details (names of their staff are not personal!).

 

Under section 75 of the Consumer Credit Act 1974, if you buy a product or service with a value of between £100 and £30k (I may be wrong on the upper limit, but it's approximately that), the finance company is jointly and severally liable for any damages you incur together with the retailer or service provider. This also applies when for example buying something and paying even £1 on a credit card, as long as the value is more than £100 and less than the upper limit. I would therefore go after Welcome very hard.

 

Do you have details of all the garages involved - i.e. legal name and address - as this may assist? Please post that with your full breakdown of what happened.

 

Next, Welcome have been known to take a vehicle back and then suddenly a few years later come up with a bill to the customer, without any evidence. It's been challenged before but could cause you nightmares. I seriously recommend you order copies of your 3 credit reports. I would recommend doing it every year, anyway, but even more so seeing as you've unfortunately had dealings with Welcome.

 

I recommend not to go for the advanced services that the credit reference agencies offer, they are not worth it, only get your statutory reports. In addition, do not supply your e-mail address on the forms, especially to Equifax, as they will cause you hassle. Communicate in writing only to them if you dispute any records - start another thread and link to it from here, if there's anything you dispute, and I'll try to assist you there.

 

The PDF forms for each of the 3 credit reference agencies are located at:

- Equifax: https://www.econsumer.equifax.co.uk/consumer/uk/uib/images/EFX_UK/en_GB/your%20equifax%20credit%20file%2012-07.pdf

- Experian: http://experian.metafaq.com/resources/experian/Downloads/standardAppdec08.pdf

- Callcredit: http://www.callcredit.co.uk/files/creditfile_app.pdf

 

Do not apply online. It will only cause you troubles (from experience). Send the forms completed and signed to each of the Credit Reference Agencies (addresses on the forms). Send either a £2 cheque made payable to each one from a chequebook with your name, only or a postal order (the cost of each postal order would be 50p extra). Preferably send each one recorded delivery.

 

Equifax & Callcredit require a copy of one form of photo ID and copies of two forms of address ID (utility, landline and council tax bills are accepted, mobile bills not accepted). Experian require a copy of one form of photo ID and originals of two forms of address ID (again: utility, landline and council tax bills are accepted, mobile bills not accepted).

[kp278]

Secondly, it would be easier to give advice if we have details of the agreement. Preferably, if you can scan in a copy of the agreement - removing confidential information - and post it here, then it would be best. If you don't have a copy of the agreement, do both CCA & SAR requests.

 

Do you have receipts?

 

i can scan a copy of the agreement. ill add a link to the scan when available.

i have receipts for the car, tyre place, £250 garage charge, but not for the repair work that was done by the garage.

 

Please copy details of the conversations, not including personal details (names of their staff are not personal!).

 

all my stuff is hardcopy at the moment and probably wont scan too well- i'll get all my notes typed up.

 

I would therefore go after Welcome very hard.

the main issue im not sure on is what i would be entitled to and why? would i be entitled to everything back because i paid in dispute and the garage should not have refused my rejection? or my subsequent repair fee? im not sure if im even entitled to anything, thus anything that i get back i plan to donate 33% to CAG

 

Do you have details of all the garages involved - i.e. legal name and address - as this may assist? Please post that with your full breakdown of what happened.

yes i have details of the garage/trader i got the car from. i dont know who did the work as i only every dealt with the trader.

 

Next, Welcome have been known to take a vehicle back and then suddenly a few years later come up with a bill to the customer, without any evidence. It's been challenged before but could cause you nightmares. I seriously recommend you order copies of your 3 credit reports. I would recommend doing it every year, anyway, but even more so seeing as you've unfortunately had dealings with Welcome.

i think i might be ok here. i had an rac inspection done (paid for by welcome) and got a copy of the report. a couple of days later i received a bill from welcome for £1036 for things wrong with the car. i disputed this with welcome and got what i wanted pretty easily, a revised bill of £150 which i still have. i didnt contact welcome to pay it and everything went quiet. then i got a call after a couple of months advising if i paid £55 that would be the end of it. i didnt pay and i didnt hear anything again. anyway, i checked my credit report a while later and it showed that i was in default with welcome for £55. i disputed this with the credit agency and the default was removed and the entry classed as "settled". i honestly cant remember if i paid it. perhaps i did if the default was removed.

[kp278]

PDF of CCA (3 pages) and Liability (1 page): http://laurenstephens.net/uploads/ba9cfbba13.pdf

 

i'll add my written notes here once they are typed up

Edited March 6, 2009 by kp278
added pdf link

[legalpickle]

i can scan a copy of the agreement. ill add a link to the scan when available.

i have receipts for the car, tyre place, £250 garage charge, but not for the repair work that was done by the garage.

Good to the first bit. Bad to the latter. I'll give my verdict when I see everything.

 

all my stuff is hardcopy at the moment and probably wont scan too well- i'll get all my notes typed up.

Good.

 

the main issue im not sure on is what i would be entitled to and why? would i be entitled to everything back because i paid in dispute and the garage should not have refused my rejection? or my subsequent repair fee? im not sure if im even entitled to anything, thus anything that i get back i plan to donate 33% to CAG

The car was obviously not fit for purpose, therefore I'd say at minimum you're entitled to all your expenses plus possibly more for lack of use of the vehicle whilst it was in repairs.

 

yes i have details of the garage/trader i got the car from. i dont know who did the work as i only every dealt with the trader.

Not ideal, but will do.

 

i think i might be ok here. i had an rac inspection done (paid for by welcome) and got a copy of the report. a couple of days later i received a bill from welcome for £1036 for things wrong with the car. i disputed this with welcome and got what i wanted pretty easily, a revised bill of £150 which i still have. i didnt contact welcome to pay it and everything went quiet. then i got a call after a couple of months advising if i paid £55 that would be the end of it. i didnt pay and i didnt hear anything again. anyway, i checked my credit report a while later and it showed that i was in default with welcome for £55. i disputed this with the credit agency and the default was removed and the entry classed as "settled". i honestly cant remember if i paid it. perhaps i did if the default was removed.

Was the default marked as satisfied or completely removed and account marked as cleared? If default was marked as satisfied, you need to get that removed. I would anyway recommend following my recommendations and ordering copies of your credit records again, just in case.

 

PDF of CCA (3 pages) and Liability (1 page): http://laurenstephens.net/uploads/ba9cfbba13.pdf

 

i'll add my written notes here once they are typed up

I'll look at it all once it's all done, or Sunday / Monday.

[kp278]

thanks. when i say i dont have any receipts for the repairs, its because i never had any. as the garage dealt with the mechanic it would be the garage who would have received any receipts. i doubt the garage would have told me who it was anyway!

 

when i bought the car, all the cars on the lot had "free 6 month RAC warranty" on them and it was mentioned at the time that it came with 6 months warranty against defects etc, but i never received any paperwork about this when i bought the car. perhaps the work was done at an rac approved garage?

[legalpickle]

thanks. when i say i dont have any receipts for the repairs, its because i never had any. as the garage dealt with the mechanic it would be the garage who would have received any receipts. i doubt the garage would have told me who it was anyway!

 

when i bought the car, all the cars on the lot had "free 6 month RAC warranty" on them and it was mentioned at the time that it came with 6 months warranty against defects etc, but i never received any paperwork about this when i bought the car. perhaps the work was done at an rac approved garage?

Doubt it, from your story, and even if it was the odds of finding out will be low.

 

Were you charged for those repairs? If not, then no worries. If yes, why didn't you insist on an invoice?

[kp278]

Here is the letter that didnt get my anywhere:

 

September 1st, 2005

Ref: 12345678

Welcome Financial Services

Suite 2.6

Doncastle House

Doncastle Road

Bracknell

Berkshire

RG12 8PE

 

Dear Sir/ Madam,

 

I acquired a Fiat Bravo registration T335NLA (herein referred to as 'car') on 2nd July 2005 from Grapes Motor Company (herein referred to as 'garage') under a hire-purchase agreement with you. The car developed a serious fault on 7th August 2005 rendering the car unusable. The car was returned to the garage for repair and the garage returned the car to myself on 26th August 2005. The car has the same fault rendering the car still unusable.

 

In accordance with my rights under the Supply of Goods (Implied Terms) Act 1973, and my right to reject under common law, I now terminate my hire-purchase agreement with you on the grounds that the car is not fit for the purpose that it was intended and is incapable of carrying out the tasks it was sold to do.

 

I call on you to take back the car, and to refund all payments that I have made to you under the agreement. These payments include the deposit and the instalments paid since the agreement was entered into making a total paid of £469.38. Any payments made after today 1st September 2005 I also call on you to refund. Please note that all payments made during the period my car was and is unusable are paid in protest. In addition I am claiming for costs incurred for my travelling expenses and the cost incurred with cancelling my insurance policy covering this car, making an additional total of £95.72. This instruction does not affect my right to claim compensation for inconvenience, loss of use of the car due to the above defects and any additional expenses until an agreement between ourselves is final. Should a decision not be made final within a reasonable amount of time I reserve the right to claim interest at the rate of 8% per annum pursuant to s69 of the County Courts Act 1984.

 

In my view of the serious nature of the above defects, I am not prepared to consider any proposition that further attempts be made to repair the car.

 

Please let me know when you intend to collect the car and to refund all the payments I have made and reimburse by way of compensation.

 

The content of this letter is based on advice from Trading Standards who have been consulted concerning this matter.

 

Yours sincerely,

 

***********************************

 

please dont pick too many holes in my letter

[kp278]

sorry for delay in posting... here's my notes (shortened a little)

 

2005

5/8 (5th august) - car broke

8/8 - i called garage (grapes), garage advised mechanic is on holiday until 15/8. i advised garage i was not using car.

10/8- i called garage, i asked about hire car. garage advised shouldnt be a problem. i asked about warranty, garage advised i could take it to any garage.

15/8- garage called me, garage advised i needed to take car to them as they cant collect it. i highlighted i was paid hourly and would lose wages. stalemate. i said i would call back.

15/8- i called garage and said i would take car to them if they had a courtesy car. garage didnt have a courtesy car. i told garage i needed to seek advise and would call them back.

15/8- garage called, said if they didnt have a courtesy car someone will drop me back. i said i will call them tomorrow.

16/8- i called the finance company (welcome) to advise them of problem. they asked me to fax details of expenses and they would speak to area manager.

16/8- i called garage to confirm that work will be carried out under warranty. they said shouldnt be a problem but needed to look at car first. they said (quote) "as long as you nurse the car here everything should be fine".

16/8- i delivered car to garage. they checked the oil immediately and said it was low (funny that, seeing as it would be as the engine had not been stood for a couple of hours!) they suggested the big end bearings had gone. picked up courtesy car with no petrol...

17/8- i called garage, no information available.

18/8- i called garage, informed car should be ready 19/8.

19/8- garage called me, advised that car neds to be run-in for 3-400 miles. agreed they should do this.

23/8- i called garage, advised still running in but everything is fine with engine.

25/8- i called garage, ok to collect but need to keep engine below 3000rpm at first.

26/8- i collected car. it seemed fine going home but when parked alongside a wall i could hear a similar knocking sound. it got worse that evening when i drove home.

26/8- i called garage and advised that problem remains. asked me to call back after 10am when mechanic in.

26/8- i called welcome and explained situation. they will contact garage and advise.

30/8- i called welcome, they will call back.

30/8- i called welcome and they advised they had not received a response from the garage.

31/8- i called trading standard who advised i need to make "payment under protest".

31/8- i called welcome, they will call back.

1/9 - i sent letter to welcome rejecting the car (letter posted above).

7/9 - i called welcome, they will call back....!!

7/9 - they did, i had to fax them a copy of the letter.

8/9 - i called welcome, branch manager is checking with 'compliance' department.

9/9 - i called welcome, they will call back.

9/9 - i called welcome, branch manager will call me on 12/2.

13/9- welcome called, no update.

16/9- i called welcome, they will call me back.

16/9- i called branch manager of welcome, left message.

19/9- i called branch manager, no info available. advised area manager was coming down to discuss.

19/9- branch manager called, rejected all points in my rejection letter. here are my notes word for word "Fran (branch manager) called- not interested in rejecting car. would not agree that i shouldnt take car to garage as i would be out of pocket wages wise. may contribute to petrol but would not contribute to loss in wages. will not refund payments made in protest. kept saying garage are ok to take car back but its upto me to take it down there. questioned why i hadnt got it repaired again and i advised because ive been waiting for welcome to come back to me. called finance 26/8 to advise of issue and only just got a response today."

19/9- branch manager called, i have to take car to garage and will i accept 50 goodwill, told me problem was a grey area. i refused goodwill offer.

19/9- asked trading standard some stuff, they said i should wait for written response from garage and ask for higher compensation and refund for payments paid in protest.

20/9- welcome called, not willing to reimburse payments made in protest. they may budge on goodwill but i need to provide breakdown of costs. i wil need to write to them. welcome will call garage and advise on them collecting the car.

20/9- welcome called, the garage will collect the car on 24/8.

20/9- i called garage, got a bit of verbal bashing. they will collect the car on 22/8. said they may not be able to get the car back to how it was.

24/9- car collected.

27/9- i called garage, no update.

30/9- i called garage, car not ready. i advised the tax was about to run out on the courtesy car, the garage advised i should carry on using it!!

30/9- i called welcome, branch manager will call me back.

3/10- i called garage, no update.

10/10-i called garage, should be getting car back tomorrow.

11/10-got car back. now there are two new problems. rattle/knocking sound from front right and vibrating sound.

12/10-i called welcome, they advised i should speak directly to the garage.

13/10-spoke to garage arrange sorting out two new problems.

20/10-i took car to garage. went out with mechanic in car and they said they wouldnt be able to get rid of the problems. noise disappeared when bonnet and door open.

20/10-that evening i managed to isolate the noise.

24/10-first chance to get under the car, i can see that the lower engine mount isnt seated properly and a bolt is missing. told garage.

24/10-garage collected car.

26/10-got car back, all fixed.

 

at some point i accepted £100 goodwill. i didnt sign anything and dont remember agreeing this is full and final.

 

reading this now, so many times i wish i knew what i knew now and i cant believe how much welcome took the mickey. the car would have been rejected after the first non-repair and i wouldnt have taken as much cr@p as i did. you live and learn i suppose.

Edited March 24, 2009 by kp278

[legalpickle]

Hi again,

 

In order to go through things clearly I've printed off the rest of the posts on this thread and the CCA agreement so that I can look at it whilst I'm posting. If I miss anything I apologize, but hopefully I won't or I'll notice it before it's too late.

 

I must state here that unlike your previous thread it is very unlikely that you will reach a satisfactory agreement with Welcome and you will most likely have to issue court proceedings against them to get your way. I would definitely not be surprised if you have to go to a hearing.

 

I will therefore give you the pre-court talk.

1. At NO stage do you agree to discuss the matter on the phone with Welcome under ANY circumstances. They are experienced in bending things in their favour and any conversations are likely to result in causing you more hassle than it's worth!

2. Nothing in my posts should be taken to promise success. Nobody can guarantee success and court proceedings are quite often unpredictable. If I feel or felt that there was little chance of success I would say so, and most likely advise you to find somebody else to help as I'd rather help people who are more likely to be successful.

3. Always keep originals of documents and only send copies.

4. Always send documents by Special Delivery NOT Recorded Delivery, as the latter is not guaranteed. Always keep receipts. [Price of Special currently starts at £4.60, price is going up in April to start at £4.95. It would be very rare to have to send so many documents that you need to spend more than what is currently £5.05].

5. The more witnesses you have to events the better. If you have somebody who remembers anything that went on, then get them to jot down their memories of what happened, so that when it comes to preparing witness statements, which it inevitably will, then you will have as much information as possible in the witness statements which can only assist you. However, it is sometimes better to not mention something that you don't remember clearly, in case they trip you up on it.

6. Always get a non-biased viewpoint on ANY document to be filed or sent. I am happy to help to the best of my abilities and try to be that non-biased person. I have issued over 400 claims (including for others) and lost 3 of them but despite this experience I always discuss and show documents to others before filing them as I am biased to my claims.

 

I assume you have the CCA without the scribbles over personal information?

 

Now onto the nitty gritty.

1. What "major fault" did the car develop on 5th August 2005?

2. What do you mean by "fault still apparent but not as pronounced" when picking up the vehicle from the garage on 26th August 2005?

3. What was the new problem recognized when car was returned on 24th September 2005?

4. What dates did your payments to Welcome clear? [Again dates needed for interest calculations.]

5. Were you charged for the work done by the garage?

6. Was the fault that caused the tyres to be needed to be replaced caused by unsatisfactory tyres in the first place or by you just wanting the tyres replacing? If they were unsatisfactory how much did you pay & what date did you pay this?

 

[Note (for me): Paid usual garage £250 on 13/04/2006 for oil leak to be repaired.]

 

7. Please post the exact details of the trader that you bought the vehicle off.

8. Do you have evidence of the supposed free 6 month RAC warranty that was meant to be provided? I ask this because if you do, then we may be able to claim that the vehicle was mis-sold - as no such policy was provided to you - and claim a reimbursement of the cost of such a policy. I'd have to think about it more in detail - I may be wrong - but it's a thought that just popped into my head. Even if you couldn't make such a claim - which is quite possible - it would go some way to establishing that the garage was irresponsible, so is still relevant.

 

Where is the vehicle now? If you've sold it how much did you get for it? Ideally I would like to have rejected the vehicle as not of satisfactory quality, but because you would still have the vehicle, or have sold it you wouldn't be able to do that. It is accepted that if you do get a refund you have to return the product [they would have to arrange collection or reimburse you for expenses incurred in delivering it to them - only if you agree].

 

Because of this we need to ascertain the costs you have incurred. Therefore please detail all costs you have incurred which include loss of earnings, petrol, insurance and such like and you need as much evidence as possible to support such claims. So please go through bank statements, credit card statements, wage slips and any other records so we can get a clear picture of your losses because of this and the dates these losses were incurred [the latter for the interest claim].

 

Also, I was going through the CCA and noticed a couple of wierd points;

1. Part 5 of the Terms and Conditions: "Until you have fulfilled all your obligations to us under this Agreement or you have returned the Foods to us, whichever date is later, you shall;" Bloomin' incompetent idiots!

2. From the terms & conditions it seems it is a hire agreement - at an expensive price - but from the signed pages it seems that it is a finance agreement! As according to the terms & conditions even if you paid the full amount they'd still own the vehicle! What a bunch of nincampoops!

[legalpickle]

kpmatthews: Not received a response to my post above. How's it going?