Welcome picks another victim

[rob20042513]

Hi,

 

Please could someone help and advise!!!

 

Firstly i have done my subject access request to welcome which they find incredibly difficult to comply at the moment however the clock is ticking, so from my find with them i need advise on the following questions;

 

1. Can I claim back the charges i.e. telephone, letters and capitalisation back as they are unlawful?? If So do you have a template

 

2. I had a hire purchase agreement with them for a rubbish 82k mile mondeo total rip off however at the time i was desperate, in the first instance i took our everything did not know what i was doing, so ppi and gap etc. Then after advice in the first 7 days i managed to cancel all the crap on the agreement and resign a new agreement in the branch with the the amendments. so my monthly payment went from £345 to £277 per month, however with the subject access request they sent me the first agreement???? and i have sent a letter back stating that this was the wrong one!!! My question is what happens if they cannot produce the new one?????? where do i stand

3. Also my credit file is totally wrong and i dispute the balance thats why i need the new agreement that i signed, i'm not avoiding the debt.

 

thanks:)

[vint1954]

Hi Rob,

 

When was the agreement taken out? and is it still running.

 

Vint

[rob20042513]

hi vint,

 

the original agreement was taken out in june 2008 then amended and resigned in sep 2008!!

 

thanks

[postggj]

yes, you can claim back all those unlawful charges.

even if its in the t&c.

they can charge a million if they want, does not make it lawful.

 

as you have signed an agreement ammending the first,

the first agreement is no more than bog roll.

 

its the ammended agreement that now counts.

 

if they cant produce it, they cant enforce it.

its that simple.

 

ref your credit file

 

welcome are well known for trashing your credit file, it makes sure you keep going back to them. mainly late payment markers.

 

you can correct this but you will need past bank statements etc.

 

ime amazed you got all those rubish insurance cancelled in time and with out to much fuss. hats off to you.

 

in your sar, did you get a statement of account.

[Sol]

Yes you can get charges back; I got £290 back this week, although it was taken off the balance.

[rob20042513]

excellent thanks for the advice postggj and sol,

 

guys do you have a template i can use to send them a letter for the charges

 

thanks

[rob20042513]

HI Please see below exact layout etc:

 

Key Financial Information

Total amount of credit(B+c+D) £3500.00 duration of agreement 36 months

amount of credit to settle loan (B)£1585.83 Amount of each month £169.91

amount of credit for insurances (M) £0.00 number of monthly payments 36

amount of credit cash advance (D) £1914.17 APR (variable) 49.2%

amount of credit (C+B) £1585.83

amount of credit (D+B) £3500.00

 

Other Financial Information

 

Total charge for credit (o+p) £2616.89

(consisting of)

acceptance fee (o) £75.00

interest charge (p) £2541.89

 

rate of interest per annum 46.8%

 

PLEASE HAVE A LOOK FOR ME AND GIVE ME SOME ADVISE, I DID NOT TAKE OUT ANY INSURANCES AT ALL.

 

THANKS

[steven4064]

It would be better if you could scan and post the agreeement (personal details removed). On the basis of what you have put above, though, it would appear to be enforceable (provided it has your signature) as it has all the terms prescribed in schedule 8 of the Consumer Credit (Agreements) Regulations 1983.

[rob20042513]

Sorry dont have a scanner but thanks for the advice

 

I also have a Hire purchase agreement, but its a bit strange it has all the information financially on the front page then on the reverse it has the signatures, and right at the bottom of the page on the reverse it has 'HIRE PURCHASE AND CREDIT AGREEMENTION TRADE PREMISES'

 

Is any of this correct???

[steven4064]

HP agreements are not really my thing but I suspect that is OK

[postggj]

do as advised

 

we need to see any agreement deleate all personel details and google photo bucket

[Sol]

I used my own letter which I gave to a couple of other people which didn't work for them, so I think they've cottoned on it's the same letter.

 

You should include all charges over the lifetime of the agreement, including 8% interest on each charge date, ie. £10 applied on 1/4/07 would be £11.70 as it includes the interest for that individual charge, and so on.

 

You should be firm and let them know that they have 14 days to respond or you'll report it to the FSA.

[rob20042513]

thanks sol great advice cheers

[Sol]

Do you have a calculator to work out the charges? I don't know if there's one on here, but I used MSE's calc - Bank Charges: Reclaim them, they’re unlawful, inc. free template letters ...

[rob20042513]

great did you manage to get your charges back

[Sol]

Yeah, got £290 back. Just waiting to hear about my PPI claim now.

[rob20042513]

Ok,

 

I have done my SAR request and received all my info as requested, however i have a car with them big mistake completely rubbish and over priced however i was desperate at the time.

 

My agreement i thought was meant to be a HIRE PURCHASE AGREEMENT,

however, the agreement only states REGULATED BY THE CONSUMER CREDIT ACT 1974, is this correct??? or is my agreement void, its is not;

 

A) HIRE PURCHASE AGREEMENT

B) FIXED SUM LOAN AGREEMENT

C) NO TERMINATION RIGHTS (VT)

D) DOES NOT MENTION ON THE AGREEMENT REPOSSESION EITHER??

 

CAN SOMEONE PLEASE HELP!!

 

THANKS

[rob20042513]

Hi

 

I purchased a car back in june 2008, however i have done a subject access request and all my documentation has now come back from welcome.

 

My agreement states 'Credit Agreement Regulated by the Consumer Credit Act 1974'

 

However i purchased a car from them and surely my agreement should say 'Hire Purchase agreement regulated by the consumer credit act 1974'

 

Anyone have any suggestions whether this is now enforceable????

 

Also in the terms and conditions and agreement nothing is mentioned about repossession or termination rights????

[emanevs]

Hi, dont know if I have helped, but I thought the cut off date was april 2007 for unenforceable credit agreements? - I am no expert tho.

[rob20042513]

Hi,

 

I NEED URGENT HELP,

 

Purchased a car from welcome back in June 2008, they added all sorts of insurances on my agreement, however i managed to cancel that agreement and re-sign a new one in august paying them £352 towards my new agreement with the amendments.

 

FAST FOWARD A YEAR!!!

 

I have done a subject access request on welcome due to charges etc and to my discovery realised that they have not set up with a HP agreement but a loan agreement??? I have contacted welcome to state my disgust and wrote an official complaint yet to recieve anything back from them. This could have been detrimental to me another year down the line if i wanted to VT the car, as they could have screwed me over!!!!

 

The branch manager at brighton who is an EDIT and patronizes beyond belief stated that she will send a replica of the original as they cannot find the original with my signatures??? the agreement i have now has been merged together from my personal loan i have with them to pass off for my car????

 

PLEASE HELP WHAT CAN I DO???

Edited July 2, 2009 by 42man

[MarkieMark]

Since they cannot find the agreement the account becomes into dispute. Stop making payments and let them take action without it.....the court will laugh at them and throw the case out... this is what I think...

[postggj]

ok, lets talk facts

dont believe a single thing welcome tells you on the phone

to conform to a cca request, the creditor can send out WHAT THE AGREEMENT MIGHT HAVE LOOKED LIKE

 

but with out the original, they are screwed

 

they cant merge one agreement with another, horse crap again

 

to do anything would mean you signing an agreement to modify the first

 

never

never

sign a new agreement with welcome,

if you do, they have you by the knuts as it cancells out any previouse agreement

 

send welcome an sar to find out what exactly they do have

 

send to compliance in nottingham

print your name, never sign and use recorded delievery

[rob20042513]

Help needed!!!

 

Background: I had car finance back in june 2008 with these people, I was really stung and had all the insurances piled onto the agreement. However after seeking advice i managed to cancel all the insurances in July 2008, and then was told to re-sign a new amended agreement. I stated at the time that the term for the car was meant to be over 36 months not 48, they told me yes thats fine and a new agreement was signed in august 2008.

 

June 2009: I have made regular payments since then no problems of £271, however i also have a unsecured personal loan with them that was due to end sometime this year but i was not sure, so i did a SUBJECT ACCESS REQUEST ON THEM. By 21 days i received my package from them containing everything i wanted, BUT NOT EVERYTHING????? They had sent me the old agreement not the amended one, so i wrote back nicely and explained that what they sent was not the new amended agreement.

 

July 2009: I have now received my amended agreement!!! SHOCK HORROR, What they have sent me is a recreated agreement or version of their own, IT DOES NOT STATE FOLLOWING:

 

1. HIRE PURCHASE AGREEMENT ANY WHERE ON THE DOCUMENTATION

2. IT STATES 48 MONTHS NOT 36

3. NO TERMINATION RIGHTS

4. NO REPOSSESSION DETAILS

 

They have seemed to just reconstruct an agreement and pass it off, So i have written a nasty letter back to them in regards to this and these are the points i raised:

 

1. My agreement is not the agreement that was amended

2. All my rights have been breached

3. Fraudulent activity from reconstructed agreement

 

June 2009: Phone call between me and their legal team, they stated that they cannot find the original agreement, however they are entitled to send a republica of what it should have been with no signatures.

July 2009: Since my letter i have stopped payments as the account is in dispute, i have not heard anything back from these muppets no phone call, no letter etc. I have also put the complaint in to the Financial Ombusdman.

Where to go with this now:

1. What do i do now

2. They have admitted to no agreement

3. They are not responding to my letters

4. They are still in Breach of the Subject access request

 

can anyone help????

[m200]

I have something similar to this and started a thread (although no-one responded!), I took out the first agreement with them that stated Hire Purchase, I then, after 2yrs, did another agreement with them to upgrade the car - looking at my new agreement, as i want to VT the car, it has nothing on there about being HP, and they are claiming it was a personal loan, which is not what I was signing up to, and no-one told me it was a new agreement, I thought I was just extending the current one (that is how it was worded to me).

[rob20042513]

hi m200,

 

Welcome think that they can just fob off people with make belief agreements, that fact that they merged to seperate pieces of information and make up one is fraud.

 

The devastation that could have been caused when i came to VT the car would have been heartbreaking, however all the agreed amendments have been neglected and that they cannot find the agreement now puts the account into the unenforceability category.

 

My agruement was that technically the agreement supplied i could sell the car, however there are to many errors and they cannot enforce that.

 

I need someone to tell me where to go from here, my advice to you is dont back down and put the account in dispute.