welcome finance - account in dispute - or is it?

[electric2]

Hi does anyone know if it is compulsory to have shortfall extra insurance. When I took out my car loan I didnt want either shortfall or mechanical breakdown and it is shown on my agreement that I signed the box and did not tick to say I wanted any of the insurances included. However I see on the first page of my cca that I have been charged for both. This is with Welcome by the way

[scarlettuk]

Hi electric. In short, the insurances are NOT compulsory. I'm sure someone with far more experience with Welcome than I will be along to comment shortly, and tell you exactly how to go about sorting it

[emmilou1]

Same situation here, none of them are compulsory but we were made to take them or no car.

 

We're claiming all the insurances back, including the PPI.

 

Sounds like you were mis-sold them too. You should send them a complaint explaining that they were mis-sold. There's some template letters on here that you can use. Good luck!

[electric2]

Thanks for that - it totals nearly £800.

[electric2]

Also have had cars with welcome previously. Have sent the SAR off today - does this mean they have to send me all previous agreements or just the current? How far back can you claim for PPI? I have been told by Financial Ombudman and Trading Standards that the legalities are different for loans taken out before Apr 2007 - which all mine were. Only current one outstanding all others paid. I know on all of them I was made to take out mechanical breakdown and shortfall or I couldnt have the car.

[emmilou1]

I think SAR will include all your accounts with them, so all your bits and pieces dating back 6 years.

 

Not sure if there's a limit for how far back you can claim PPI but i'm pretty sure whatever you intend to claim back regarding insurances you should be asking for the cost of the insurances refunded, plus any interest you've paid on the cost for insurances plus an additional 8% interest on top which is what a court would award you if it ever went that far.

[electric2]

Thanks for that - will wait and see what they send me. Had more phone calls from them today.

[kregrs]

What Welcome should send you and what they actually send you are 2 different things. My sar came back with only info relating to my car finance, despite having had a secured loan with them in 05. Today was the last day for complying with my sar request so yet more letters off to Welcome on Monday.

[electric2]

I have received a letter from Welcome finance today dated 27th Aug thanking me for my recent complaint, and they are going to forward my comments to their Nottingham branch, where I will be contacted within the next few day to discuss further. I haven't made a complaint. ??????

[emanevs]

what did you send?, probably had thousands of complaints

[electric2]

Havent sent anything. Sent off for SAR on Saturday, and also letters about telephone harrassment and doorstop calling on Friday, but nothing before this. Strange. Will wait and see if they follow up as they say they will in their letter. This is one company I wish I had never got involved with!

[emanevs]

send a CCA request.

 

here is a link

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

what type of loan was it, when was it taken out. are you thinking of unenforceability????

[electric2]

Thanks. Post is looking into it for me. Never sure where I should be posting what lol. Perhaps they have me mixed up with the other millions of complaints they have received?

[emanevs]

aye, probably

[electric2]

Hi all, I have received 2 letters today from 2 different branches of Welcome. One says they have been trying to contact me regarding my Credit Sale Transaction Agreement with them and the issues I have with it. The other letter says following termination of my agreement, they are informing me of my liabilities under the HP agreement and I need to pay £600, and someone is coming to collect my car within the next 2 weeks. Where do I go from here? Help anyone? They tell me my loan is a CST and not HP.

Edited September 4, 2009 by electric2

[electric2]

Hi all - does anyone know if I have paid over 1/2 of the agreement on a conditional sale (although the t & c's state it is a hp agreement, but welcome state in writing it is a cs) can they terminate the agreement and collect the car? I have received a letter today informing me how much i still have to pay as the agreement is terminated. I only missed last months payment - never missed a payment before. I have been back and forth with them regarding the type of agreement i have, and did look into VT, and told the manager who gave me a home visit that I was looking into VT. Can they just cancel the agreement without any notice?

Also why would I have been charged £1000 for re-financing and £400 charge for credit for re-financing? It was their idea in the first place that i had to change my car as they couldnt find the paperwork of the last one they sold me and they wanted the tax disc back as it was a disabled disc.

Help needed as they say their agents will be in touch within 2 weeks to collect the car - I need it for work. Thanks

[T2upNorth]

Take a look at your agreement, if you have it. It will state HP or CST.

 

This seems to be a new tactic of theirs, on the basis that you have far less protection under CST than HP.

 

If you don't have your agreement, park the car away from your house, on private land, preferably a garage or gated. Then send a CCA and SAR as a matter of urgency

[T2upNorth]

Sorry, just noticed HP in T&C's. Was the the refinancing a rewrite - a new agreement? Do you have a copy of that one?

[electric2]

It just states credit agreement on the contract but i was given hp t&c's so I thought it was a HP agreement. When it came to when i wanted to VT they said it was a CST agreement and couldnt VT. It was the only agreement I had for this car, as the last car I had from them they couldnt find the log book for it and it had been sold to me with a disabled tax disc, so they said to bring the car back and they would give me another one as I couldnt have the original one I bought. I sent off sar last saturday. I sent the agreement and t&c's to post to check out for me last week - just waiting to hear where I go from here now. I always park the car on the drive when I am at home - can they take it from there?

[T2upNorth]

OK, usual unWelcome messup.

Postggj is the man to rip it shreds! You're in good hands there.

Legally, they cannot repo off your drive without a court order or your permission. But, keep an eye on it - it has been known to happen.

[electric2]

ok thanks - that bit was worrying me - i need the car for work. Will wait to see what post has to say

[postggj]

electric2

 

sent pm

[electric2]

Thank you - sending you the 2 letters I got from Welcome. I cant understand why they are saying that the hp agreement has been terminated when they say its a conditional sale agreement - they are contradicting themselves. Is it usual to terminate an agreement after one missed payment? Did you get a chance to have a look at the credit agreement?

 

Thanks so much for taking a look for me

 

electric

 

Letters sent, and also PM

 

Many thanks

Edited September 7, 2009 by electric2

[electric2]

Hi all

I have received another letter today from Welcome, stating that I have been told by my branch that I do not have the right to VT as I have signed for a CST and not HP. They have now reviewed the HP conditions that I signed for and can now confirm it does contain the right for me to VT, so they are going ahead with the VT and I should receive correspondence shortly. I received the correspondence yesterday. I am amazed that I wanted to VT in October 2008 and after another 10 months re payments, numerous letters, and having just spent a small fortune on getting the car through its MOT - they tell me I can now terminate this contract. However, I did get a letter in March saying as I had received the wrong t&c's I could VT if I did it within 7 days - and the price was lower then than what they want me to pay now? I feel that they are now letting me VT because they know they are in the wrong over the t&c's, but have made me wait 10 months to say I could do it?

[electric2]

Had another letter today responding to my request not to be contacted by telephone by Welcome. They state that I have entered a legally binding contract where Welcome are obliged to contact me by telephone should my account fall into arrears.

Should I write back to say they had started calling me before my direct debit was due to leave my bank? and I was not in arrears when they first started calling.