Welcome Finance - claim form received

[gilly5001]

Hi

We stupidly bought a car with welcome finance HP.

We have struggled to make the payments although we have made over half and welcome have persistently tried to get us to agree to more than we could afford.

 

On several occasions they've rang and said they're seizing the car so we've told em to come and take it

then they've backtracked and accepted payments again.

 

The original loan was for around £8795 in August 2007, total amount payable should have been £13886.

 

Ive checked the termination rights and we could have voluntarily terminated when £6893.04 had been paid plus overdue instalments.

We have never been able to clear the arrears so we could VT.

 

this morning we have recieved a termination notice stating that we now owe £5427.32

 

They want us to ring them within 7 days with a repayment plan.

Does that mean they get the car and we owe them £5427?

it says failure to contact will result in the account being passed to a debt collection agency

 

Thanks for any help

 

Gilly5001

agreement.pdf

[jed52]

gilly, look for postggj. He loves welcome and will give you all the help you need.

jed

[postggj]

someone mention welcome finance:madgrin:

 

well as you have paid more than half, welcome can go and whistle if they want the car

 

if by chance any repo men turn up, tell them to get lost as you withdraw your permission as of section 90 of thecca 1974 to take the car

 

knowing welcome like i do

 

can you list all the micky mouse insurance products loaded onto your agreement and do you have a copy of your agreement

[gilly5001]

Hi

Anyone been able to look over these yet? I'm expecting them to arrive for the car, just hope they come without a court order but they wouldn't be that stupid would they?

Gilly5001

[postggj]

Interesting this

 

i can count on one hand the ammount of agreements ive seen with no extras

 

did you re-write the loan

 

did you have a previous agreement

[gilly5001]

They've just been on the phone asking for a payment.

I said what about the termination notice!

 

The girl said they had sent a default but I said no it was a termination notice.

She asked could we make a reduced payment?

She also said that if we maintain regular payments there would be no further action on the car.

I haven't a clue what's going on!

I thought termination meant game over but they're carrying on like mornings changed?

[gilly5001]

And sorry answer to earlier question wasn't rewritten or anything this is the firt and only agreement we've ever had

[postggj]

ill let you into a little secret

 

there is no termination as such as the default notice is crap

 

the harrison judgement saw to that so the agreement has not been defaulted or terminated as such

 

give me a few days to run the figures

 

do you have an actual purchase invoice for the car

[gilly5001]

Hi

no purchase invoice

I've searched Around and can only find the stuff from welcome!

 

They rang again yesterday and I paid them a reduced payment I asked about chateau

and stuff they said when contractual payment being met and something to arrears there would hopefully be no further charges again nothing bout the teminTion notice

[gilly5001]

Hi

Welcome accepted a reduced payment and now want to set up contractual plus some off arrears I want them to stop interest and charges. Any ideas where I stand with this?

Hoping for some advice from those that know welcome the best

[Bazooka Boo]

Stay off the phone to them, whatever they wish to discuss can be committed in writing.

 

Postggi will advise your best next move.

[postggj]

was that acceptance of reduced payment in writing

 

I BET NOT

 

i bet it was all done on the phone

[gilly5001]

Yeh it was on the phone and I didn't ask them

jt told them I would be paying a reduced payment and paid it and they dent argue.

 

Thy said they want to set up dd contractual etc and I said i wished to sort out charges etc

so that's what I'm hoping to do now but they're off my back for a month.

 

Was wondering how to word letter to them

Rhanks

[Bazooka Boo]

Under no uncertain terms will you ever set up a direct debit NOR will you enter into any new contract with them.

[gilly5001]

Hi why no direct debit? Thought would be easier than speaking to them every month. Any advice then on how to move forward when theyre adding charges

[Bazooka Boo]

Because if you set up a direct debit they will take what they want, when they want. Standing orders ONLY, and what charges are they adding? Are these charges stated in the T&C's?

[gilly5001]

Hi

I dont know I posted the original agreement on here cause they sent a termination notice.

 

Im happy to pay them what we owe and was hoping for advice on what to put in letter to help us keep the car but not get screwed over.

 

I appreciate your advice about dd but it doesn help me sort this mess out.

 

Thanks gilly

[gilly5001]

HI welcome are bombarding me with phone calls now and ive requested everything in writing

Anybody any ideas on legally what I can ask them to agree to

Ive got income and expenditure etc to send them but dont want them taking the car

 

Any help greatly appreciated

 

Thanks

Gilly5001

[Bazooka Boo]

Report these clowns to the OFT&TS via consumer direct, then report them to Ofcom for abusing the communications network, when they ring in future just laugh at them or tell them to sling their hook, and hang up, or place the handset on the side, and check it every 5 minutes to see if the clown is still on the other end....

[gilly5001]

hi all

Its a long story but

 

5 years ago we took out a £9000 loan with welcome which with interest was £13886.

 

We ran into financial difficulties and have been making reduced payments, been on arrangments etc.

they sent us a default notice and a termination notice.

 

We have asked them several times to come and get the car to which they always agree to accepting £50 when shoud be £252.

 

We have now paid off £7800 and Welcome are insisting that they will sell on our debt if we dont make the full payment.

 

We have had numerous conversations with our new account manager and offered to pay full payments if they knowck some of interest charges etc.

 

Yesterday they offered to knock £300 off in letter charges.

 

The car is not worth what teh loan was for and we did contact them after having the loan for 3 months that the car was not in a fit state.

 

We have put in rewquests in writing that they treated as a complaint to which they have stated tha the car was in a satisfactory condition.

 

Due to the arrears on teh account we were just hoping for a reduced settlement so we can pay it off and move on

but i dont want a reduced payment which means have to pay them for the next 10 years!

 

Any ideas what I need to write to them with,

 

Ive got a copy of the agreement which i can post.

 

surely if they going to sell on makes more sense to get something out of us

 

thanks

gilly

[just_jue]

Hi,

 

As you have paid over a third of the agreement,

Welcome cannot just come and take the car without a court order.

 

Do not let them talk you into Surrendering the car as you would still be liable for the rest of the agreement but without the car.

 

If I was you I would send off a SAR so you can see what charges they have applied to your account

then you can try and claim these back which would give you a better bargaining power if you were to offer them a full and final payment.

 

Another thing try not to keep talking to them on the phone as they will try and bully you into what they want.

 

As you have got arrears and now a default notice you will be unable to VT the car.

 

Send all correspondence to their head office I wouldn't bother with the local chimps.

 

I've been there and done it myself with Welcome so know what sort of stress they can give you.

 

All the best

 

JJ

[cat10]

How many payments have you missed

,obviously you can get out of the agreement as you have paid over half the original agreement.

 

But to do this you also have to be up todate with the payments,

and the car has to be in good condition ie average wear and tear.

 

I don't think a default would stop you VT the car loan.

 

Its a bit to late to be complaining about the condition of the car when you purchased it ie 5 years ago.

 

If you did hand the car back it would show up on your credit file.

[just_jue]

Hi, I recently VT'd a car with Welcome and it shows as account settled nothing else. But if they have sent you a default notice and termination notice I don't think Vt'ing is now an option.

 

JJ

[gilly5001]

Hi

 

no I don't think we can vt and on my thread you'll see that we complained about the car from 3 months into the agreement not only just!

 

We have always been fobbed off and now has only just been dealt with as an official complaint as we have a new account manager who looked at our notes,

saw we ha been complaining about the car and followed it up!

 

I will sar them but basically wondered how to word offers to them,

 

I.e maybe freezing interest sinew can pay off balance or writing off interest charged for missed payments etc

[just_jue]

Hi, here is an example of a SAR letter: http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

And for good measure here is the telephone harassment letter: http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

When you write to them with your proposal of payment stick to it. If they pass it on to their DCA again don't let them pressurise you into what you can't afford.

 

They have 40 days to comply with your SAR and when it is back you can view what charges have been applied.

 

Send the letters to their head office in Nottingham.

 

I would also check that they haven't added any other amounts. I found an extra £250 had been added to my account that they couldn't justify.

 

Hope this helps

 

JJ