Welcome picks another victim

[postggj]

ill get back later rob to help out

sit tight

[postggj]

rob

google photobucket

post the agreement onto your thread

both if you have them

deleate personel details but leave in the figures etc

 

use tthe upload link for message boards without thumbnails option

[m200]

Hi Postggj....any chance you can help with mine or is my 'case' a lost cause!

[postggj]

hi m200

 

looking now

[rob20042513]

Hi All,

 

Background:

 

I took out a car back in June 2008 on Hire purchase, they sold me all the usual insurances even PPI which i did not want, however i managed to cancel all of the insurances within the 30 day period!!! I also argued that the agreement was meant to be 36 months not 48, which they said they have changed. They told me i needed to go into the local branch and resign a new agreement in order for this to be done. So i went back into the branch on the 21/08/08 to sign a new agreement (assuming it was still the Hire purchase agreement) so continued to make payments as normal.

 

My personal loan is finishing on aug09 which i needed to find out the balance and look at charges etc, so i did a Subject access request in order to find out. Everything was fine except the new agreement for my car, it stated 'Regulated by the Consumer credit Act 1974' nothing mentioned about Hire purchase, no termination rights, repossession etc. It just seemed to be a loan agreement!!!!!!!!! Also the agreement states 48 months as well. On my discovery i wrote immediately to Welcome to rectify and they did not respond so i wrote to the Financial Ombudsman and they escalated my case. I have not made any payments for the last two months to welcome as the account is in dispute, Today I have recieved a letter titled 'FINAL RESPONSES' this includes the following:

 

Dear rob20042513,

 

We've recieved your complaint from the Financial Ombudsman Service.

 

I understand that you are concerned about the agreements you've signed.

 

Ive reviewed your file and note that you originally took a HP agreement for vehicle xxxxxxx in june 08. With this agreement you purchased insurances, namely payment protection insurance and mechanical breakdown.

 

We recieved your request to cancel these insurances within the first 30 days, therefore we cancelled the original agreement and reebooked without the insurances for the same loan advance and vehicle details.

 

However, after reviewing the loan documents it appears that when we arranged the rebook, we completed documents for a CST agreement. This type of agreement is a loan for a vehicle; however it does not carry any repossession or termination rights.

 

I undertand your concerns about furture request to terminate the agreement would be declined, however on this occassion we are prepared to honour this. If you wish to terminate your agreement, please let me know. You should be aware that as you have only had the agreement in place for 13 months, there would be a significant remaining liability at this time.

 

However, the agreement is noy unenforceable as you've claimed. You signed to accept the terms and conditions of the agreement and you have taken possession of a vehicle for which payments are due.

 

Financial regualtions require me to advise you that this letter is the final response.

 

What do i do next please help!!!

[mojo8]

they are criminals, they are not offering anything worth considering as they will take your car, auction it and then chase you for other monies owed. The only reason they have made this offer is to get some much needed cash....

[rob20042513]

thanks mojo8 for the advice,

 

can someone else please help to need to know what my next will be

 

thanks

[postggj]

can you post up the agreement rob

[rob20042513]

Hi Post,

 

Sorry i dont have a scanner, the agreement was meant to be a hire purchase but it is not, and the document i have is on two seperate pages????

 

please help, sorry i dont have a scanner to post up

[postggj]

Hi Rob

 

On Two Pages

Interesting

 

Is There Anything To Link The Two Pages Together

 

To Post, Try Your Local Libary Or Internet Caffe

[rob20042513]

Hi Post,

 

The first page states 'regulated by the consumer credit act 1974' (no mention of Hire purchase) the second page which is page number 2 states early settlement figures and my signatures and theirs still no mention of hire purchase anywhere.

 

What can i do now as they believe that from the letter i received today i'm stuffed??

 

please can you direct me

[postggj]

I Realy Do Need To See The Two Pages

 

Try A Friend, Internet Caffe Or Libary To Scan

 

If Needed Scan To A Flash Drive And Then Put On Your Own Pc

[rob20042513]

ok i will see what i can do,

 

So what have welcome actually done here where do i stand

[postggj]

At The End Of The Day

Its A Hire Purchess Agreement That You Signed

Its There Fault They Did Not Get It Right When The Agreement Was Resigned

 

On The Previouse Agreement, I Take It You Had Ppi Etc

 

I Bet They Did Not Put A Rebate Into The Second Agreement

[rob20042513]

1. so as they are at fault where so i stand legally????

 

2. The PPI was cancelled on the new agreement

 

3. The financial damage they would have caused is unimaginable

[postggj]

I Need A Few Days On This To Get The Full Sp Where You Stand

[rob20042513]

Morning post,

 

I have had 4 phone calls this morning from welcome, chasing me for money, they sad that as i have received the final response from them the matter is closed!!!!!!!

 

please help i need to know where i stand and what i can do?????

[andie_303]

is the matter still with the FOS - just cos welcome repsond to you doesn't mean the FOS have closed the case.

[rob20042513]

Hi andi,

 

Spoke to the Financial Ombudsman who stated that if i'm not happy then to forward the letter and then it will be passed over to the ajudicator there.

 

I'm still worrying as i need to know where i stand legally if this ended up in court?? also what could the Financial Ombudsman actually do in this case???

 

advice appreciated

[postggj]

Rob

 

Have You Checked The Two Agreements

 

Is The Second One Exactly The Same As The First But Minus Any Ppi OR OTHER MICKY MOUSE INSURANCE

 

Also

Is The Interest Rate The Same

Are You Paying A Higher Apr On The Second Agreement

[rob20042513]

hi post,

 

The second agreement is exactly like the first except for the following:

 

1. Does not state Hire purchase anywhere on both pages

 

2. the agreement is on two seperate pages

 

- first page consists of all the numbers, car details etc

- second page consists of my signatures and the terms and conditions

 

 

advice please

[rob20042513]

any help please!! post or andi

 

thanks

[rob20042513]

postjjg or andi or anyone

 

I have spoken to welcome today who have said the following:

 

1. I can give the car back and then pay monthly instalments upto 50% of the agreement value

 

2. If i send to the fos then they will continue to carry missed payments and default me

 

3. as i have only made 8 payments they can repossess the car

 

I seriously need help now!!!!!!!!!! advice please

[andie_303]

it's up to you.

 

1) If you are interested in this option make sure you get it in writing before you VT - a common trick is they take the car and then pursue you for the whole amount saying they never agreed to that.

 

2) If the account is legally in dispute they aren't allowed to do this - as Welcome are about to learn damaging someones credit file whilst in default is coming to bite them in the ass as they are being taken to court for it.

 

3) Technically correct - however Welcome like to do illegal repos and if they do so the car is yours and you have nothing to pay them as a Cagger has recently found out.

 

I would say either 1 or 2 if you don't want the car tell them to take the piece of crap back BUT only once you get in writing that you can continue to pay the 50% in affordable installments.

 

Or send to FOS and make them aware that Welcome are threatening to default despite their being a legal dispute about the legitmacy of the agreement and the amount outstanding.

[andie_303]

PS Stop speaking to them on the phone unless you can record it - they are liars!