Help re welcome finance

[wend969]

My husband got finance for a car through welcome finance in 2006, 1 month after getting the car he lost his job, so we asked welcome to take the car back as we couldn't afford the payments, they took over a year to take the car back, threatening us with court action in the meantime. After they had taken the car back we didn't here from them for another year, then last year my husband started getting phone calls from them and letters demanding the money, which they had only reduced by £2500, when the car was £5000 when he bought it.

 

He now has a ccj against him and has to pay £30 a money with a balance of £7095.62. Before the judgement we had asked for a copy of the aggreement and a statement as we had lost the original, we received a statment but no aggreement.

 

Is it too late to ask for the aggreement again and if they haven't got it could he get the ccj removed or stop making payments?

 

Also a couple of months ago he instructed a company called unfair credit direct who guaranteed that the they would find that the aggreement was unfair, he paid them £100 and was due to pay them another 4 instalments of £100, but due to financial reasons he hasn't been able to pay the other 4 instalments, they still haven't done anything even though they have had £100 off him, can he claim the £100 back off them or not.

 

Thanks for your help

[dx100uk]

as there is already a CCJ, you need to get that set aside before you can look into IF the agreement is enforceable.

 

dx

[wend969]

How would he get the ccj set aside?

[Conniff]

Also a couple of months ago he instructed a company called unfair credit direct who guaranteed that the they would find that the aggreement was unfair, he paid them £100 and was due to pay them another 4 instalments of £100, but due to financial reasons he hasn't been able to pay the other 4 instalments, they still haven't done anything even though they have had £100 off him, can he claim the £100 back off them or not.

 

These companies are a con in all the financial spheres they operate. They also claim they can get rid of ccj's on credit records etc; but they can't. You will find it almost impossible to get a refund so should not pay any further and put the £100 down to experience.

[wend969]

Please can someone help me further with this, it would be greatly appreciated. Thanks

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/legal-issues/178766-could-i-get-3-a.html

 

 

the more you read the strong you become

 

dont forget the search in the blue bar above

dx

[legalpickle]

As far as the CCJ goes, I am sure others will come along to help you in more detail.

 

I would first recommend sending a CCA demand - for a copy of the Consumer Credit Agreement - and a separate SAR (Subject Access Request) for full details of the matter.

 

I would also write to the County Court where the Judgment was obtained for a full breakdown of the case and copies of all documents if you don't have it. You can find the address and telephone numbers of the court on The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

For the CCA request you will need to pay £1 by postal order (do NOT send a cheque). For the SAR request you will need to pay £10 by postal order (again, do NOT send a cheque). Send both by Royal Mail SPECIAL Delivery (not Recorded Delivery).

 

Do NOT talk to them on the phone. If they call hang up. If they write to you, write or fax back that you are intending to get the Judgment set aside and are sending them a CCA disclosure demand & SAR. If they knock at your door, do NOT open the door and advise them through the keyhole that you are sending them a CCA disclosure demand & SAR and getting the Judgment set aside.

[wend969]

any further help on the ccj set aside how to do it please. Thanks

[legalpickle]

any further help on the ccj set aside how to do it please. Thanks

Personally I'd recommend doing the SAR & CCA requests first, so you have ammunition for the set aside.

 

You have to get a copy of the claim form with Particulars of Claim first as well so you have valid reasons to contest it.

 

An Application to Set Aside would not solely be granted on the basis of not receiving the claim form. You need ammunition for the defence. You can make an Application to Set Aside on form N244 without the ammunition but it will go to a hearing where you are likely to lose as you haven't got the ammunition to have reasonable prospects of success in defending the claim.

 

So get the ammunition first. When you have the agreement and statements - or they don't comply - and you have the Particulars of Claim, post it all up here - minus confidential details - and I'll try to help you. If I can't I'll call in the cavalry.

[wend969]

Thanks for all your help, is there anywhere i can get a subject access request template letter from? I've got a copy of the other. Thanks again

[legalpickle]

Thanks for all your help, is there anywhere i can get a subject access request template letter from? I've got a copy of the other. Thanks again

Visit Letters - Consumer Wiki - the Consumer Wiki of CAG.

[legalpickle]

I must admit that i have used unfair credit direct for 2 of my credit cards. One has been written off and the other is with a team of Barristers in Brighton that are now acting for no further charge as they work with Unfair Credit Direct.

 

I can only think that if you paid £100 to them and they started the work for you and then they incurred costs they would be quite right to keep the £100 as you would not expect them to act for nothing.

 

My cousin also used them but when the credit agreement came back it was a different year to what she had initially told them and when they saw the agreement they could not help and refunded the money she had paid.

 

This is a top company, whom if you check them out properly have an excellent track record.

 

I dare say they cannot help everyone but i would certainly reccomemnd them.

 

I hope this helps in some way to let people know this definatley works.

 

Lets face it if somebody said 2 years ago you can write to your bank and get your money back they would have probably got them an ambulance

Note that DEBTFREEMAN's first post is the above. I wouldn't be surprised if he is this company and this is an advertising message. I suggest he be ignored and barred from CAG.

[42man]

I don't think it is slanderous as it is true....

[andie_303]

In all honesty this is not helping the OP so maybe you should just out your 'hurt' feelings aside - the main point about this is Welcome Finance so if you can help with them please do so otherwise maybe try and assist on other more relevant threads.

[legalpickle]

In all honesty this is not helping the OP so maybe you should just out your 'hurt' feelings aside - the main point about this is Welcome Finance so if you can help with them please do so otherwise maybe try and assist on other more relevant threads.

Seconded.

[andie_303]

Motion carried

[andie_303]

In the meantime Wend I concur with the above - if you get a copy of SAR and CCA then if there is something inherently wrong getting the CCJ put aside would be ALOT easier - do you know if this included insurances of any kind??

[ukaviator]

The type of activity that the company mentioned earlier are undertaking requires a licence. The activity falls under the OFT's definition of 'high-risk', which means that applicants must pass a competence test and may be inspected by Trading Standards. This company does not have a Consumer Credit licence, and i can't see any pending application.

 

By operating a business that requires a Consumer Credit licence, they are committing a criminal offence.

 

This comment earlier is quite clearly touting for business.

 

"I must admit that i have used unfair credit direct for 2 of my credit cards. One has been written off and the other is with a team of Barristers in Brighton that are now acting for no further charge as they work with Unfair Credit Direct".

[legalpickle]

The type of activity that the company mentioned earlier are undertaking requires a licence. The activity falls under the OFT's definition of 'high-risk', which means that applicants must pass a competence test and may be inspected by Trading Standards. This company does not have a Consumer Credit licence, and i can't see any pending application.

 

By operating a business that requires a Consumer Credit licence, they are committing a criminal offence.

 

This comment earlier is quite clearly touting for business.

 

"I must admit that i have used unfair credit direct for 2 of my credit cards. One has been written off and the other is with a team of Barristers in Brighton that are now acting for no further charge as they work with Unfair Credit Direct".

Actually, assisting to write off a balance is Claims Management activities and for such they would need a licence from the Ministry of Justice - Claims Management Regulation, Monitoring & Compliance Unit. Unfortunately, they are registered - see CMR: Claims Management Regulation

 

It's a trading name of Individual Credit Solutions Limited. And for debt management plans they need a Consumer Credit Licence. I don't know where you searched, but I just searched the register at Public Register for "Individual Credit Solutions" and in the trading name for "Unfair Credit Direct" and found them with a pending licence.

 

I don't mean to defend them and it could well be they are acting illegally in their behaviour and it definitely seems that DEBTFREEMAN probably joined just to defend them, but at least thoroughly search and check the rules before posting.

[ukaviator]

Debtfreeman was touting no doubt. I have checked out the website and it just mentions the Ministry of Justice. No other registration details. Thanks for letting us know.

[Guest DEBTFREEMAN]

I am not touting for anybody but i would just like to say that this site thinks its the bees knees but realisticaly i have not seen any concrete proof from anyone that you actually know what you are talking about. Believe it or not there are thousands of pounds getting written off by companies like Ratio money, Cartel review whom are a PLC company and many others. Anyone giving false advice is ignorant to the fact that the Ministry of justice would revoke any license on a firm whom claims to write debt off and then cons people out of money. Think about it, thousands of people cant be wrong, unless they listen to people like you

[Forsure]

I am not touting for anybody but i would just like to say that this site thinks its the bees knees but realisticaly i have not seen any concrete proof from anyone that you actually know what you are talking about. Believe it or not there are thousands of pounds getting written off by companies like Ratio money, Cartel review whom are a PLC company and many others. Anyone giving false advice is ignorant to the fact that the Ministry of justice would revoke any license on a firm whom claims to write debt off and then cons people out of money. Think about it, thousands of people cant be wrong, unless they listen to people like you

 

This site IS the bees knees as you so very kindly put it.....If it wasnt for this site, thousands of poor innocents would still be getting screwed over. I can only assume you are an employee, ex empolyee or someone who simply wants to have a go. I take it as you think this site is ' no good ', you will not be paying us a repeat visit, and will go and take your opinions elsewhere, and leave those who do wish to avail of this site and its very useful and beneficial advice, to themselves

 

Apologies if you are not though !