Welcome Finance Car Termination

[wannabedebtfreesoon]

I will definitely have a read. Have you got the link for the thread?

 

Anyway, I have been to CAB today and was advised to get in touch with consumer direct which we did. They told us NOT to hand the car over but to hide it on private property, which we have. We have been told to wait for a call from our local consumer advisor but to keep the car until we receive a call that could take up to 7 days. So now it is just a waiting game for them to call.

 

That's fab, so glad you've still got your car ;-)

 

The way they have behaved towards you is an absolute disgrace and have no fear, they will not get away with it!

 

Here's a link to my thread, if I have my way they'll be named and shamed within the next 2 weeks anyway

 

Car Repossessed off Private Property

[goldplating1]

That's fab, so glad you've still got your car ;-)

 

The way they have behaved towards you is an absolute disgrace and have no fear, they will not get away with it!

 

Here's a link to my thread, if I have my way they'll be named and shamed within the next 2 weeks anyway

 

Car Repossessed off Private Property

 

Just had a look at your thread and you are doing really well. You seem to have really looked into everything and are clued up on it all. Well done for that.

 

We aren't using our car, we have locked it up in a secure lockup until we need to. We will hopefully get good news from the consumer advisor saying we are right to take this further.

[goldplating1]

That's fab, so glad you've still got your car ;-)

 

The way they have behaved towards you is an absolute disgrace and have no fear, they will not get away with it!

 

Here's a link to my thread, if I have my way they'll be named and shamed within the next 2 weeks anyway

 

Car Repossessed off Private Property

 

Just had a look at your website as well and that is very good.

[wannabedebtfreesoon]

Ah thanks

 

have you heard anything from the **** yet?

 

Good plan keeping the car hidden away, they are so devious they'd do anything to snatch it!

[goldplating1]

Ah thanks

 

have you heard anything from the **** yet?

 

Good plan keeping the car hidden away, they are so devious they'd do anything to snatch it!

 

They contacted us earlier to say they wanted the car and wanted the information of where we had seeked legal advice " names and numbers" My wife to them to get lost and make no more telephone communication with us and to put everything in writing. Good on her

[goldplating1]

Just a quick question about the Subject Access Request ( sar ).

 

Should we send this letter now to welcome? And also should we put both our names on the same form and include 2 lots of the £10 fee as it is for 2 of us. My wife is the first customer and i am the second customer as it was a joint application.

Thank you in advance

[cyril1982]

Just a quick question about the Subject Access Request ( sar ).

 

Should we send this letter now to welcome? And also should we put both our names on the same form and include 2 lots of the £10 fee as it is for 2 of us. My wife is the first customer and i am the second customer as it was a joint application.

Thank you in advance

 

if its a joint agreement you don't have to send 2 SAR'S or pay twice, all in info should be supplied in the one sar.

 

definately don't hand the car over but do hide it somewhere as if they show up to repo it they can call the police and show that they have all the paperwork they need, including your signed consent form, and the police will likely force you to hand it over.

 

hide the car in a friends garage or something then contact welcome and tell them their little trick has been rumbled and until they remove the default and agree in writing that you are not in default and are VT'ing not VS'ing they won't be getting their grubby little paws on the vehicle.

 

let them know you are prepared to go to court to expose the [problem] they tried to pull should they attempt any enforcement action and should you e forced to go to court you'll be seeking damages and costs from welcome.

[goldplating1]

if its a joint agreement you don't have to send 2 SAR'S or pay twice, all in info should be supplied in the one sar.

 

definately don't hand the car over but do hide it somewhere as if they show up to repo it they can call the police and show that they have all the paperwork they need, including your signed consent form, and the police will likely force you to hand it over.

 

hide the car in a friends garage or something then contact welcome and tell them their little trick has been rumbled and until they remove the default and agree in writing that you are not in default and are VT'ing not VS'ing they won't be getting their grubby little paws on the vehicle.

 

let them know you are prepared to go to court to expose the [problem] they tried to pull should they attempt any enforcement action and should you e forced to go to court you'll be seeking damages and costs from welcome.

 

Thank you for that Cyril.

The car is now in a locked unit and will definitely not be outside until we know what to do. My wife told welcome today that they wasn't getting the car as we had got advice and was not handing it over unless they gave us a VT, but they won't do that and said no matter what the default will remain on both our files and not removed at all.

I just don't want to cause any further heartache for us and push ourselves deeper into trouble and hope we don't. We did default back in may but, we telephoned them and they agreed to accept £80 per month extra to cover the month we missed. We paid the payment in June for the usual month plus the extra £80 and then in July we decided to send the car back. We offered to bring any payments up to date we needed to do, but they said they was no longer willing to do that. We asked for a VT and he said he will be straight up the the form, that we did sign, but it was a VS (the muppets).

[wannabedebtfreesoon]

if its a joint agreement you don't have to send 2 SAR'S or pay twice, all in info should be supplied in the one sar.

 

definately don't hand the car over but do hide it somewhere as if they show up to repo it they can call the police and show that they have all the paperwork they need, including your signed consent form, and the police will likely force you to hand it over.

 

hide the car in a friends garage or something then contact welcome and tell them their little trick has been rumbled and until they remove the default and agree in writing that you are not in default and are VT'ing not VS'ing they won't be getting their grubby little paws on the vehicle.

 

let them know you are prepared to go to court to expose the [problem] they tried to pull should they attempt any enforcement action and should you e forced to go to court you'll be seeking damages and costs from welcome.

Sorry mate but actually the Police can't do anything! They will only attend to prevent a breach of the peace, although more often than not they do get involved when they are not entitled to. The only way you can be forced to let them take the vehicle is if they get a court order and then County Court Bailiffs execute a warrant. They can take it if it's on a public road though, but we know you wouldn't do that ;-)

[wannabedebtfreesoon]

Thank you for that Cyril.

The car is now in a locked unit and will definitely not be outside until we know what to do. My wife told welcome today that they wasn't getting the car as we had got advice and was not handing it over unless they gave us a VT, but they won't do that and said no matter what the default will remain on both our files and not removed at all.

I just don't want to cause any further heartache for us and push ourselves deeper into trouble and hope we don't. We did default back in may but, we telephoned them and they agreed to accept £80 per month extra to cover the month we missed. We paid the payment in June for the usual month plus the extra £80 and then in July we decided to send the car back. We offered to bring any payments up to date we needed to do, but they said they was no longer willing to do that. We asked for a VT and he said he will be straight up the the form, that we did sign, but it was a VS (the muppets).

The only heartache involved would be as a result of letting the thieving **** take your car and then continually harass and intimidate you and your wife for thousands of pounds!

 

You have done the right thing and I am confident this will be sorted soon for you

[goldplating1]

Thank you wannabe. The car is definitely out of sight now and won't be returning until need be. We are having no phone contact with them any more, we want anything they have to say in writing.

[wannabedebtfreesoon]

That's good, I really would fire off a complaint letter to Nottingham though. You need to get your feelings made clear asap.

[cyril1982]

Sorry mate but actually the Police can't do anything! They will only attend to prevent a breach of the peace, although more often than not they do get involved when they are not entitled to. The only way you can be forced to let them take the vehicle is if they get a court order and then County Court Bailiffs execute a warrant. They can take it if it's on a public road though, but we know you wouldn't do that ;-)

 

 

the police can, and do, do what they like. They had no right to force me to let the **** who turned up at my house to take my vehicle and given that the guys were non licensed and did not have a court order and were commiting a public order offence by shouting and being aggressive and smashing vehicle windows what the police should have done is instruct them to leave the area as they had no official authourity to be there doing what they were doing and they were causing a disturbance.

 

But instead what they chose to do was tell me that if i did not shut up and empty my property from the vehicle so that they could take i'd be arrested.

 

Dont risk the vehicle, don't take your chances with the police, don't put any faith in the police just hide the vehicle, thats my advice,

[goldplating1]

i have got the letter here ready to send off RECORDED delivery tomorrow morning. They will know exactly how I feel trust me lol

[goldplating1]

the police can, and do, do what they like. They had no right to force me to let the **** who turned up at my house to take my vehicle and given that the guys were non licensed and did not have a court order and were commiting a public order offence by shouting and being aggressive and smashing vehicle windows what the police should have done is instruct them to leave the area as they had no official authourity to be there doing what they were doing and they were causing a disturbance.

 

But instead what they chose to do was tell me that if i did not shut up and empty my property from the vehicle so that they could take i'd be arrested.

 

Dont risk the vehicle, don't take your chances with the police, don't put any faith in the police just hide the vehicle, thats my advice,

 

The vehicle is hidden cyril and won't be returning till really need be. We are not having no phone contact with them and if they turn up at the door they will be sent away. We have had enough of there arrogant attitudes and we are not speaking to them now. They know how we feel and will know by letter also. I will keep you all informed definitely and see what happens.

 

I appreciate all the help from you lot and hope everyone together can bring them down.

[wannabedebtfreesoon]

I know! They did exactly the same thing to me! I will sue them too when I'm finished with welscum. They officially are only there to prevent breach of the peace and have absolutely NO right to assist them in any way, doesn't mean they won't though

[beyondhope]

Only me Just thought id pop in update myself (my browser doesnt like the new CAG :'( ) looks like everything going fine at the moment, agree with everything previously said and have nothing to add just didnt want you to think id deserted you as that's not my style Im glad to hear the car is out of harms way for now Get the SAR off 1 fee and hopefully we can get this sorted for you sooner rather than later

[goldplating1]

Only me Just thought id pop in update myself (my browser doesnt like the new CAG :'( ) looks like everything going fine at the moment, agree with everything previously said and have nothing to add just didnt want you to think id deserted you as that's not my style Im glad to hear the car is out of harms way for now Get the SAR off 1 fee and hopefully we can get this sorted for you sooner rather than later

 

Thank you for that beyondhope, that's nice of you. I am getting the letter off today definitely.

[goldplating1]

I know! They did exactly the same thing to me! I will sue them too when I'm finished with welscum. They officially are only there to prevent breach of the peace and have absolutely NO right to assist them in any way, doesn't mean they won't though

 

Luckily it hasn't come to the police coming yet, but the car isn't here so they can't do anything to us for now. I hope they do get sued and you win them because they are absolute arses and there's no need for it at all.

[goldplating1]

Here's a little bit of info the wife told me last night.

 

On the phone yesterday welcome seemed to have messed up a bit. They said they issued a default on the 9Th June and we got the termination of contract on the 23Rd June. We never got the second letter dated 23rd June. But they also said that either we rang them or they rang us on the 23rd to sort out the payment and come to the agreement to pay extra each month. So if they issued a default on the 9th and it was sorted out as we know it was, then maybe that's why we never got no second letter and why they took an extra £80 at the end of June as it was sorted out as they said on the phone yesterday.

 

The 9th letter says, "We intend to exercise our rights to enforce collection unless you clear the arrears within 14 days OR alternatively contact us with proposals for settlement"

 

Now they said yesterday, we did call or they called us, he wasn't sure which way round and we can't remember, on the 29th and made arrangements. So surely we did as they asked and they accepted the alternative arrangements as we made the extra payment as told to do so on the end of June's payment.

 

God knows but seems funny to me and i am going to question this one.

[goldplating1]

Amendment to last post as the 29th was meant to be the 23rd.

 

Now they said yesterday, we did call or they called us, he wasn't sure which way round and we can't remember, on the 29th and made arrangements. So surely we did as they asked and they accepted the alternative arrangements as we made the extra payment as told to do so on the end of June's payment.

[goldplating1]

Just spoke to National Debtline and told them all the circumstances and they have advised to give the car back so we do not get charged for using it. They will auction it and we will be liable BUT fight it. They understand what has happened but we signed the voluntary surrender on Saturday and that is enough for them to take the car.

 

What do you all reckon as we don't want to make it worse.

 

He said to send a letter of complaint to the head office which is happening today and see what they say about that. He said they make not disclose the telephone recordings to us but will give us the info they hold on us with regards to the agreement, credit, letters etc.. etc...

 

I am off out now to pick our new car up as we are carless and will be back around 3PM. I will come straight on and see what is said.

 

Thank you in advance for any comments and we really appreciate any input already received and any more given. You are all a big help.

 

Thank You.

[beyondhope]

Ok so default was the 9th (received or dated?) 'termination' and phone call the 23rd? if it was DATED 9th and they terminated on 23rd then they havent allowed enough time for you to remedy the default as they HAVE to allow 14 days AFTER postage which would be 25th if first class and 27th if second class I believe as they allow 2 days for first class 4 days for second class postage, have you got the envelope to prove how it was sent?

 

As for not providing telephone records by sending the SAR you will get all documents and everything relating to your agreement including computer notes which will be full of we called them, they called us etc etc

 

I can see why National Debtline would tell you to give the car back as most 'helplines' are all for do what they want and then fight them, in my experience the ball is in your court at the moment as you are still in possession of what they want, once thats gone the ball is far more in their court, just my opinion of course.

 

If the default states you can contact to sort the default then I dont think they have fairly terminated anyway postage times aside and this I would say is a much bigger issue especially as payments have been made since including the extra which means you havent accepted the termination and neither have they as they have continued to accept payments on an account that had it been terminated 'wasnt active'. By not acting in a fair way they risk not adhereing to CCA s140 regarding the unfair relationship between creditor and debtor which isnt very clever on their part!

[cyril1982]

national debt line and any other consumer advice service will never tell you to hide the vehicle because it is not the "by the book" way of doing things.

 

they will take they view of, you signed the VS so you must now hand over the car and fight the people who wronged you.

 

on the flip side, tricking someone who has asked to VT into signing a VS is also far from doing things "by the book" but do welcome care?

 

You just have decide how you want to play, i.e. play nice or play dirty. I'd weigh it up like this, but this is just my view on the situation and is in no way professional advice so you must make up your own mind about what i'm about to write,

 

as it stands you have a default, so worring about damaging your credit file further by not paying anymore money and hiding the vehicle is hardly an issue, it's unlikely welcome will push this towards a ccj while you disputing this as they know what they have done.

 

As long as you have that vehicle wecome stand to lose money, they want that car back, if you give it to them you have paid half and they'll auction the car and likely get back a total equivelant to what they lent you plus a nice chunk of the interest so all they'll be pursuing you for is the rest of the interest, if they get it great if they don't so what they still made money on you.

 

if you don't give it to them you have some bargaining power to say "listen, i am still more than happy to hand over the vehicle, in fact i want nothing more than to hand over the vehicle, but i have rumbed your little [problem] and i am not going to be tricked into VS'ing when i am entitled to VT and have requested that you accept the vehicle as a VT, now all you have to do is write to me confirming that you made a "mistake" and that you have voided the VS and that you are accepting the vehicle back as a VT and upon returning the vehicle i will, as per my rights under the terms of the consumer credit agreement which we both entered into, be released from all obligation to you, financial or otherwise and my credit file wil be amended accordingly. When i have this confirmation in writing we can happilly arrange for you to come and collect the car"

 

if you give it back you have nothing and they will ignore your complaints and you will have to take this to court to stand any chance of sorting this mess out.

 

thats my take on the matter, but as i say, this is far from professional advice, just my view and my honest opinion on how i'd address this situation if i were in your shoes.

[beyondhope]

Glad im not alone in my train of thought

 

It has to be your decision ultimately goldplating1 as its you that has to deal with it all