Welcome finance ccj and a bailiff for unsecured loan

[VILKA]

Can Anyone Tell Me Which Telephone Call Recorder I Can Buy Which Can Work Both For Mobile As Well As Landline

Normaly How Much Does It Cost

[VILKA]

I Want To Send Them Telephone Harrassament Letter Also Is There Any Standard Format

Sorry But A Bit New To All This

[postggj]

hi vilka

 

as usual, they are talking crap about repo of the vehicle

 

its standard threats

 

ref telephone recording

 

have a nose at maplins stores

 

have a nose

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/99376-telephone-harassment-action-plan.html?highlight=telephone+harrasment

[VILKA]

Many Thanx Post

Will Keep U Informed About Developements

 

Post I Have Sent Sar Today.

[postggj]

give a bell on what you receive and ill tell you what you did not receive:)

[VILKA]

Post

Thanx I Will Do That

And Once I Am A Bit Free By The End Of Next Week From My Office,as The Home Internet Is Still Not Fixed, I Would Have More Documents And The Case Of My Wifes Personal Loan For Your Guidance.

[VILKA]

Morning All

Got Sar Just For One Account When I Had Asked For Hire Purchase Car And Personal Loan

I Have A Seperate Thread Welcome Finance But Dont Know How To Post It Here

[VILKA]

Hi Post

Dont Know How To Go Ahead I Have Got Sar For My Hire Purchase

[VILKA]

Hi Post It Seems U R Away

I Have Snet U Pm

[VILKA]

here

[VILKA]

Hi

Can Anyone Guide Me As I Have Received My Sar And Want To Take Them To Task I Have Posted Them In My Thread Welcome Finance If U Can Have Look At It And Suggest

[postggj]

hi vilka

 

to begin with default notice is crap

 

welcome screw up again

 

when will they ever learn

they confirm account terminated

 

brill

[VILKA]

Welcome Finance

[postggj]

vilka

 

ive commented allready on your thread

[steven4064]

to begin with default notice is crap

For at least 2 reasons

[VILKA]

Hi Steve And Post

So What Do I Do Now

Does This 14 Days Period Become Applicable For Me To Act And Save My Vehicle

[VILKA]

What Is Means That Account Is Terminated

What Am I Supposed To Do

[VILKA]

Hi Post

So What Should I Do Now

[steven4064]

As post says, the DN is defective. They gave you "fourteen (14) days" but didn't say from when. By implication, the 14 days is from the date of the notice, but that isn't good enough - the law says you must be given 14 clear days which would have to take account of the presumed 2 days for it to come to you by post. Also, as post points out, they say the account is terminatd after that time (ie on Wednesday 24th).

 

In principle, you don't have to do anything as they have screwed up but you will have to fight them through the court. Presumambly, their next step is to start court proceeedings and your defence would be that they sent an invalid DN and unlawfully terminated you agreement.

 

You may decide you don't want to go this route though (although people on here will gladly help you through it). In that case, your only real option is to pay the arrears by next Wednesday - in other words to accept the DN as it is. In that case, you save the car and the default never happened - s89 of the CCA 1974 says, "89. If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred."

 

Those are the options AFAICS. This is something only you can decide.

[VILKA]

Thanx Steve, Iwould Be Glad To Get Help From This Site And Fight Out The Way I Am Told.while Court Proceedings R On Going Can I Keep The Car

 

First Of All Let Me Point It Out The Dn Has Not Been Served To Me As It Was Addressed To One Of The Previous Addresses And Not The Address On Welcomes Record. That Was The Addfress On Agreement. So Any Way Will It Be Ddemd To Have Been Served

I Could Only See The Copy Of It Inthe Sar

[postggj]

vilka

 

have you paid more than a third on the agreement

look on the agreement and it will say that they cant repo the vehicle once this point has passed, a figure will be inserted

[VILKA]

Post

Basically As Per The Addresses Will It Be Deemed To Be Legally Served As I Havent Received Anything From Them Thru Post In This Matter.

 

Yes I Have Paid More Than The 3rd

 

Out Of Original Including The Breakdown Insurance The Total Was 11376.96 And I Have Paid 5499.39, Almost Half Of It

Also I Have Asked Them Initialy To Take Out The Break Don Insuance Which Is 600.00 And After Interest1104.00 In One Of The Scribbled Paper On Headed Paper In Feb 2009 One Of The Guys From Welcome Has Confirmed Of Taking It Out.

 

The Sar Also Confirms And That Is My Basic Point They Have Been Managing Payments For Both The Account S They Wanted And In One Of My Letters I Have Mentioned That It Amounts To Misapproapriation.

I Have Also Communicated To Them That They Have Breached The Contract Since Last One Year, In Nov 2008. Still I Was Making Payments And Then When No Action Continued From There End I Stopped Making Payments

Also All These 10.00 Charges For Calling Not Acceptable As The Sar Also Confirms Their Fault In Handling The Direct Debits.for Which They Had To Call Me And Collect Payments

In Dec 2008 When I Visited Their Branch I Found Out That Out Of 4/5 Cash Payments I Made During More Than 1 Year Only 3 R Accounted For

Please Guide

 

Post

Have U Gone Thru The Attachments I Sent To You

[steven4064]

One quick comments. The law would deem the DN served even though sent to a previous address. If you can prove they know your current address (ie they send other communications such as statements, etc - then you would have a case for saying they did it deliberately to put you at a disadvantage - I know that BRW has done this when important communicaions were sent 'by mistake' to an address 4 miles away.

[VILKA]

Thanx Steve

They Not Only Have Sent The Sar To The New Address But They Have My Other Previous Address Prior To The Current One On Their Records And I Have The Proffs

Also It Is Mentioned In Sar That The Address Has Been Changed.

 

So Non Serving Of The Dn How Does It Help If Proved From Our Side In Addition To Other Irreguralities Pointed Out By Steve And Post In The Dn As Well As Handling Of The Account

What Could Be The Ultimate Effect In Court

[steven4064]

I think the DN would be deemed served. However, I think the court would take a dim view of them sending it to the wrong address and that might add a bit of weight to how the court perceives you.