Car Repossession by Welcome

[Ell-enn]

Hi there, you could send a copy of your letter and the judgement from the court to the Chief Executive of Cattles PLC who own Welcome:

 

David J Postings - Chief Executive

Cattles PLC

Kingston House

Centre 27 Business Park

Woodhead Road

Birstall

Batley

WF17 9TD

 

As always, send it recorded delivery.

 

Kind Regards

 

Ell-enn

 

 

[caz_1967]

RESULT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Welcome have settled in full, just received a cheque for £8489.44 YIpeeeeeeeeeeeeeeeeee thanx everyone u have been great, couldnt have done it without u all, i will be making a donation to the site.......i'm so happy.

[louise1111]

well done!!

[Ell-enn]

Well done, that's brilliant news

[mich7k]

So happy for you congrats!!! So glad you won!!!!

[postggj]

hi caz

 

we got there in the end

makes cag all worth while

 

just did not have a leg to stand on

 

if you want, to realy rub salt into the wound, tell them all ref to welcome

will have to be removed from your cra file

[Bona]

Great news

[postggj]

me again caz

 

could it be thaT THEY WERE CONTACTED BY HIGH COURT ENFORCEMENT BALIFFS

 

LOVE THE PRESS TO BE THERE

 

 

MESSAGE FOR ALL NEW WELCOME FIGHTERS

 

welcome can be beaten

there is now a growing army who have challenged welcome and won

gone are the days when the consumer had no power

just dont take no for an answer

Edited September 11, 2008 by postggj

[caz_1967]

yes i am going to request that all info re me and them are wiped from my credit file and only then, once its done will i notify the county court that the judgement has been satisfied.

 

I still havent had an apology from the or an explanation as to why they did what they did.

 

The letter from them that came along with the cheque claimed that they had not received the judgement from the court, they also said that they could have contested most of what i had claimed for but had made a commercial decision not to as it woukd incur further costs for both parties.

 

What a joke!!! they knew they had not a leg to stand on. I'm just glad its all over now its been a very stressful time, but once again thanks to all on CAG who supported me and gave me such valuable advice.

[postggj]

hi caz

 

sent you a message

 

give a bell if yiu did not receive

[RACHMARIE2K3]

Hi all,

Congrats Caz on beating welcome im pleased to see it can be done!!

 

I've had my car 1year and 2 months on finance from them, in August i lost my job so phoned them to see if i could reduce my payments..which they did from £389 pm to £140pm which at the time i was happy with but now im begining to wonder how it will ever get paid off the car i bought was £8500 and i found myself owing a total of £18000+ I paid £389pm for 10 months and have paid £140 since..I was looking at changing the car as i am 8 1/2 months pregnant and a astra coupe is not a child friendly car so i asked for a settlement figure which came through as £9456 which is ridiculous!! Then in December just before new year my Welcome "account manager" turned up at my mums house asking where i was and where the car was and when my mum questioned why they went on to say it is being repossesed so shouldnt be being driven and this was over Decembers payment which wasn't even late as of yet as it was still December, My mum questioned if i knew about it and the WAM said i did and that i was aware of it!! I had no letters or anything about this fact..my mum also questioned y they were respossesing after just one nearly missed payment and the lady stuttered and checked her clipboard and said oh oh there have been others..which there haven't!!! She then demanded to know where i was and my mum said at her bf's which is actually my new address and they asked where she just told them what village and they came to the village and drove round till they found the car and hammered on the door!!

 

As i was not aware of anything i was quite shocked by this as they said the car was being repossesed the next day at 5pm unless i made payment by 4pm of £136, She had also brought a man with her to check the milage so i wouldnt drive it, i stupidly let them into the car to check it...

 

I managed to get a loan of the money and pay them but im pretty sure they wouldnt have been able to reposses it as i had no notice, and how do they have the right to keep coming to the house etc.

 

I could do without this hassle at the moment with baby being due soon but i cant see anyway of getting out of the car which i cant afford, i just spoke to them and if they reposses it, it will b sold at auction and i will still owe the balance...the tax on the car is going up to £165 for 6 months in april and its not baby friendly but no garage will part ex as my owing amount on the finance is so high...its basically like a year of paying has had no effect!.

 

Any help would be great as at a loss of what to do other than write the car off as ive got gap insurance!!!

 

Thanks

Rach

[Guest Thebailiff]

Hi all,

Congrats Caz on beating welcome im pleased to see it can be done!!

 

I've had my car 1year and 2 months on finance from them, in August i lost my job so phoned them to see if i could reduce my payments..which they did from £389 pm to £140pm which at the time i was happy with but now im begining to wonder how it will ever get paid off the car i bought was £8500 and i found myself owing a total of £18000+ I paid £389pm for 10 months and have paid £140 since..I was looking at changing the car as i am 8 1/2 months pregnant and a astra coupe is not a child friendly car so i asked for a settlement figure which came through as £9456 which is ridiculous!! Then in December just before new year my Welcome "account manager" turned up at my mums house asking where i was and where the car was and when my mum questioned why they went on to say it is being repossesed so shouldnt be being driven and this was over Decembers payment which wasn't even late as of yet as it was still December, My mum questioned if i knew about it and the WAM said i did and that i was aware of it!! I had no letters or anything about this fact..my mum also questioned y they were respossesing after just one nearly missed payment and the lady stuttered and checked her clipboard and said oh oh there have been others..which there haven't!!! She then demanded to know where i was and my mum said at her bf's which is actually my new address and they asked where she just told them what village and they came to the village and drove round till they found the car and hammered on the door!!

 

As i was not aware of anything i was quite shocked by this as they said the car was being repossesed the next day at 5pm unless i made payment by 4pm of £136, She had also brought a man with her to check the milage so i wouldnt drive it, i stupidly let them into the car to check it...

 

I managed to get a loan of the money and pay them but im pretty sure they wouldnt have been able to reposses it as i had no notice, and how do they have the right to keep coming to the house etc.

 

I could do without this hassle at the moment with baby being due soon but i cant see anyway of getting out of the car which i cant afford, i just spoke to them and if they reposses it, it will b sold at auction and i will still owe the balance...the tax on the car is going up to £165 for 6 months in april and its not baby friendly but no garage will part ex as my owing amount on the finance is so high...its basically like a year of paying has had no effect!.

 

Any help would be great as at a loss of what to do other than write the car off as ive got gap insurance!!!

 

Thanks

Rach

 

my advice would be to return the car to them and let them sell it for best possible price at auction and then offer £5 a month to pay it off. nothing they can do unless you working full time or own you own home. better that ending up with a CCJ because you could no longer afford it and they just take it. No matter what they say. tell them you want it gone.

[caz_1967]

do u have ur original agreement which will have a section titled your reposession rights...in that section it should tell u how much a 1/3 of the balance is.....if u have paid more than a 1/3 of the balance they cant reposess ur car without a court order. If you have paid less than a third they dont need a court order but b4 possession they are required by law to send u a default notice giving u a specific time to either pay off the arrears or come to an agreement. As for the account manager he acted unlawfully....by discussing this with ur mother he breached the data protection act by divuldging ur confidential information. My advice would be 1st to check ur agreement...if u dont have it request one in the form of a subject access request which will cost u £10.

[Guest Thebailiff]

do u have ur original agreement which will have a section titled your reposession rights...in that section it should tell u how much a 1/3 of the balance is.....if u have paid more than a 1/3 of the balance they cant reposess ur car without a court order. If you have paid less than a third they dont need a court order but b4 possession they are required by law to send u a default notice giving u a specific time to either pay off the arrears or come to an agreement. As for the account manager he acted unlawfully....by discussing this with ur mother he breached the data protection act by divuldging ur confidential information. My advice would be 1st to check ur agreement...if u dont have it request one in the form of a subject access request which will cost u £10.

 

yes we can but only if you sign to say you are willing to hand it back. we dont need a court order to ask for it back and we will take it if you say we can. if you refuse the case will be taken to court and you WILL end up with a CCJ against yourself.

[caz_1967]

i am inclined to disagree with the above post as that happened to me....i had over a 1/3 and out of the blue the bailiffs turned up and took my car, at the time i didnt know any better, it was only when i found this site that i realised they had acted unlawfully and i began my fight. i ended up getting over £8000 paid back to me cos the car had been taken without a court order.

 

Popular questions on the area of hire purchase car repossession.:-

 

1. When can a hire purchase company repossess my vehicle?
   If you have paid less than one third of the total payments and the vehicle is parked on public ground then a hire purchase company has the legal power to repossess your vehicle without going through the lengthy procedure of obtaining a court order.
   
2. How can I reduce the risk of repossession?
   Please note that they cannot reposess the vehicle if the car is in your drive or on a third parties property. They CAN take it if it is in the road.
   PLEASE NOTE that many people try and trick the car bailiffs by parking the car in the next road……Please note that this a common mistake as the bailiffs always check the surrounding roads and side streets for the vehicle.
   
3. Does the finance company need to take me to court to get my vehicle?
   The only time that court action will precede car repossession is after you have paid one third of the total payments.
   
4. Will they just take my car without telling me?
   No, you will always be given a a pre-possession order. So make sure you open all your post. The pre-possession notice will allow you at least 15 days to make arrangements to avoid car repossession.
   
5. I have had a change in circumstances and do not need the vehicle. What shall I do?
   The rules and regulations regarding handing back your vehicle depend on how long you have had the car for.
    
   The general rule is that if you have paid more than half of the total amount outstanding then just give the vehicle back and there can be no legal comeback for you or your family.
    
   Always read the terms and conditions of the hire purchase agreement as we have noticed they can somewhat vary.
    
   Always read the small print. Remember theses contracts are drawn up by clever and cunning solicitors who want to make it as difficult as possible for you to cancel the finance contact.
   
6. I have only had the car for 3 weeks and I have just lost my job, What can I do?
   You may be forced to pay expensive early redemption penalies if you want to hand the vehicle back. This amount can vary but the general pattern of what you are made to pay is difference between the payments already made and half the original price of the goods. In addition there may be various administration fees to pay.
   

[Sunnie2812]

Please could somebody help, as I really dont know where to turn

 

Of course its yet again WELCOME Finance and the bully BOYS.

 

I purchased a car on Hire Purchase from Car Craft in August 2007, I paid a £1000 deposit, and the car itself was £6000, the total value of the agreement a shocking £14809.00 I have maintained all regular payments of £310.41 per month since then to the end of Jan 2009.

 

My employment ended and I have no further funds to pay for the car, I am aware that I have payment protection but the Guy told me that is for redundancy only. but I have to telephone the insurance on Monday.

 

I recieved a letter from Welcome saying I has missed one payment, I came home and found that the Bully Boys had somehow entered my place of residence how I dont know and let a letter on my front door, asking me to contact them, the letter is dated 26/03/09.

 

This morning I am scared as I have had banging and banging on my front door, to the point, of where I am so frightened I may have to call the police.

 

I telephoned WELCOME asked who these guys were he said they were from the collection department, they will hang around and not leave till they take the car away,.The car is parked on a private driveway.

 

I have missed 1 payment, but the 2nd is going to be missed shortly.

 

I do believe they need a court order now? as I have paid a 1/3 of the amount.

 

PLEASE could someone help me...

[Markiemark1]

yes we can but only if you sign to say you are willing to hand it back. we dont need a court order to ask for it back and we will take it if you say we can. if you refuse the case will be taken to court and you WILL end up with a CCJ against yourself.

 

Poor advice here!!!

 

What you "WILL end up with" is a Return of Goods Order. This may be suspended upon you making payment of the monthly instalment plus something off of the arrears, although of course you could ask the Judge to consider a time order which allows the Court to extend the loan, vary the payments etc etc etc.

 

Be interesting to see if Welcome and others who use these tactics suddenly decide to revert to the agents who recovered the car with their hand out.

[Markiemark1]

Please could somebody help, as I really dont know where to turn

 

Of course its yet again WELCOME Finance and the bully BOYS.

 

I purchased a car on Hire Purchase from Car Craft in August 2007, I paid a £1000 deposit, and the car itself was £6000, the total value of the agreement a shocking £14809.00 I have maintained all regular payments of £310.41 per month since then to the end of Jan 2009.

 

My employment ended and I have no further funds to pay for the car, I am aware that I have payment protection but the Guy told me that is for redundancy only. but I have to telephone the insurance on Monday.

 

I recieved a letter from Welcome saying I has missed one payment, I came home and found that the Bully Boys had somehow entered my place of residence how I dont know and let a letter on my front door, asking me to contact them, the letter is dated 26/03/09.

 

This morning I am scared as I have had banging and banging on my front door, to the point, of where I am so frightened I may have to call the police.

 

I telephoned WELCOME asked who these guys were he said they were from the collection department, they will hang around and not leave till they take the car away,.The car is parked on a private driveway.

 

I have missed 1 payment, but the 2nd is going to be missed shortly.

 

I do believe they need a court order now? as I have paid a 1/3 of the amount.

 

PLEASE could someone help me...

 

Lots here that Welcome need to have done. Firstly, they need to have served a default notice which gives you time to remedy the breach. Then, if you've paid over a third they need to get a Court Order. If the car is on private property they can't touch it, even if you've paid less than a third. Tell them to leave, if they don't call the police. Lodge a complaint with Trading Standards and Welcome as soon as you can.

 

If you are being harassed that is an offence. Ring Welcome and get their complaints procedure and follow it to the letter.

 

On the more long term basis is it likely you will be back in employment soon? Why won't the PPI pay up for loss of employment? Potential misselling here I think.

 

Mark

[Sunnie2812]

Thank you for your reply, never the less I am still scared...I dont know how they entered the block of flats are it is a secure system entry!!!

 

No default notice, I telephoned Welcome this morning, the Chap told me to go and borrow money of family and friends, the PPI I was told take months to sort out!!

 

The car is on private property, but if you saw the size of the man this morning, you would deinately hide.

 

I did mention the court order to Welcome, but he said it wasn't his department and like I said previously they are going to continue to come round, and no doubt add on the extra charges.

 

Welcome said they have sent me a annual statement this I have never received, surprise..surprise.!!

I have also asked for copies of all letters sent, but he just changed the subject and said I had to pay..

 

I dont even have a log book/service book!!

 

I really hope to be back to work soon, have a few more interviews lined up..so fingers crossed..

 

I will lodge the complaint to Welcome and Trading Standards asap.

 

Thank you for your help...

 

ps: can they break the door lock of the car and drive away? as the man was inspecting the car..in fact I will take photos next time..

[Markiemark1]

Thank you for your reply, never the less I am still scared...I dont know how they entered the block of flats are it is a secure system entry!!!

 

No default notice, I telephoned Welcome this morning, the Chap told me to go and borrow money of family and friends, the PPI I was told take months to sort out!!

 

The car is on private property, but if you saw the size of the man this morning, you would deinately hide.

 

I did mention the court order to Welcome, but he said it wasn't his department and like I said previously they are going to continue to come round, and no doubt add on the extra charges.

 

Welcome said they have sent me a annual statement this I have never received, surprise..surprise.!!

I have also asked for copies of all letters sent, but he just changed the subject and said I had to pay..

 

I dont even have a log book/service book!!

 

I really hope to be back to work soon, have a few more interviews lined up..so fingers crossed..

 

I will lodge the complaint to Welcome and Trading Standards asap.

 

Thank you for your help...

 

ps: can they break the door lock of the car and drive away? as the man was inspecting the car..in fact I will take photos next time..

 

To be honest secure entry systems are pretty easy to tackle especially if there's a tradesman button or code. Or there may be a fire control panel which if you have a key you can use to access the communal area, or another occupant will let you in to "leave a note".

 

No default notice means they can do nothing. If they fancy getting their cheque book out to give you all the money you've paid plus damages then fine, let them repossess the vehicle. Any extra charges they add can be challenged, and if the man you spoke to doesn't understand the law he should not be trying to explain anything to you!

 

Hmmm, I think if I saw a strange man hovering around my car and the finance company had no legal right to be recovering my vehicle I would telephone the police.....using the 999 system!!! They may just catch a person going equipped in the act!!!

 

In all seriousness there is NOTHING they can do so please don't be scared. If they do repossess the vehicle you will have the law on your side. The goods are protected under the consumer credit act if you've paid more than a third.

 

Hope that helps.

 

Mark

[Sunnie2812]

To be honest secure entry systems are pretty easy to tackle especially if there's a tradesman button or code. Or there may be a fire control panel which if you have a key you can use to access the communal area, or another occupant will let you in to "leave a note".

 

No default notice means they can do nothing. If they fancy getting their cheque book out to give you all the money you've paid plus damages then fine, let them repossess the vehicle. Any extra charges they add can be challenged, and if the man you spoke to doesn't understand the law he should not be trying to explain anything to you!

 

Hmmm, I think if I saw a strange man hovering around my car and the finance company had no legal right to be recovering my vehicle I would telephone the police.....using the 999 system!!! They may just catch a person going equipped in the act!!!

 

In all seriousness there is NOTHING they can do so please don't be scared. If they do repossess the vehicle you will have the law on your side. The goods are protected under the consumer credit act if you've paid more than a third.

 

Hope that helps.

 

Mark

 

Mark thank you soooo much, but I know I still have a big hurdle ahead of me.

 

This weekend I will do the complaint letter to Welcome Finance, and on Monday I will contact Trading Standards.

 

I do believe they need a court order as 1/3 has been paid.

 

If they break in and take it away, I will persue the matter through the courts.

 

But I will make sure I do not sign any documents surrending the car, is this the right thing to do??

[Markiemark1]

Absolutely do not sign anything at all. I'd still consider ringing the police if necessary. After all, a fine upstanding finance company such as Welcome would not possibly be breaking the law would they? Must be a car thief!

 

Do shout if you need a hand with anything though. I'd consider SAR'ing Welcome so can see what they've got on your file too.

 

Wonder if the staff have PPI on all their commitments - I get the feeling they may be needing it soon.

 

Mark

[Sunnie2812]

Absolutely do not sign anything at all. I'd still consider ringing the police if necessary. After all, a fine upstanding finance company such as Welcome would not possibly be breaking the law would they? Must be a car thief!

 

Do shout if you need a hand with anything though. I'd consider SAR'ing Welcome so can see what they've got on your file too.

 

Wonder if the staff have PPI on all their commitments - I get the feeling they may be needing it soon.

 

Mark

 

Thank you Mark... somehow I think I will be talking to you a lot more..

 

Just going outside now, as I can see they have left something on the car window... another note as they couldn't get in today..

 

Welcome Finance..from what I have been reading, I wish I never set eyes on them....

 

If the staff do have PPI I am sure they have made more than enough moeny from honest paying people...

 

As they say what goes around comes around..so I hope they get their comupance.

 

I will call the police if I see them again, which no doubt will be tomorrow..!!

 

Thank you again for your help.

 

Is there anything else I should do at this point?

[Markiemark1]

Let us know what the "notice" says and we'll see if we can't add breach of DPA to their list of naughties!!

 

And from what I've read I bet Cattles (who own Welcome) wish they had PPI for the loan of £500m or so they need to pay RBS later this year!!

 

I'm often around on here so you feel free to chat away!

[Sunnie2812]

Thanks