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Welcome Finance - Repo & Court - HELP

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  • Welcome Finance - Repo & Court - HELP

    Hi,


    I'm a newbie here, so very sorry if this is something that's been asked before.


    Lets start at the beginning.


    I purchased a 206CC from a dealer in April 2007 - only been a kid, I was naïve and it was on credit FOR £6,499. The finance was done by "WELCOME FINANCE" at 30.9% APR! I signed the agreement for 48 months and drove my girly car away.


    After numerous job fails and other issues, I failed to make payments and in October 2009 the was repossessed. Now when the car went, I was led to believe that it would be a case of clearing the debt as such, no court order was done and no paper work signed. The simply sent a rather large fellow, who blocked the car in on a public drive, and took it away. I was told if I sign a new agreement with a different payment plan, the car would be returned, as it was going to be kept safe In a compound.


    It gets interesting, 3 weeks later, the car was reported to the Police for having no insurance and in the same spot on a public road 60 MILES away. It was being used now and again by the repos son (apparently) I found this out after the police came to me to notify me the car was uninsured. Lucky enough, the understood and dropped it.


    I then heard nothing, for a long time, thinking I was in the clear. February 2014, I received a letter from IND telling me they are taking me to court for finance agreement (the court summons has the WRONG account number) So I denied I owe the amount of £11,000.


    NOW...I'm panicking!!


    I have dug out the old agreement & added up the amount paid over the time I had the car (including the £2000 they go for the car at auction) this comes to over £6500!


    When going through the old paper work, I noticed on my agreement, it says that if I had paid £3570.80 - They CAN NOT repo the car without a court order, if they do so, I am entailed to all of the money I have paid BACK. At the date they repossessed the car, I had paid over that amount.


    So..I'm now at the point were the Courts have summons me to appear on the 14th May 2014. -notice of allocation to the small claims track (hearing)


    Do I argue I have paid the principle back so why are they chasing someone 7 years later.
    OR
    Do I argue I have no idea what the credit agreement number is as it has nothing to do with me (on court summons)
    OR
    Do I simply explain to the courts they have taken the car without a court order, and have shot them selves in the foot, as I would like every penny I paid back?
    OR
    ANY OTHER suggestions.


    I do no doubt for one second, I was stupid to ignore this for such a time, but we learn from mistakes and I now have a £600 Fiesta! NO CREDIT for me ever again!!
    Tags: None

  • #2
    Re: Welcome Finance - Repo & Court - HELP

    Just to make you aware of the sums paid etc.

    I had paid:

    £4,569.91 up until the car was Repo'd - a £1,000 stated in there credit agreement OVER the amount allowed for it to be reposed without a court order.

    Then a further £1918.05 was paid off when the car was sold.

    Brining the total to £6487.91 PAID - The original loan was £6499.00 - Do I offer to pay £11.09 in order to argue I have paid every penny borrowed in theory, why is the amount claimed over £11,000?

    Comment


    • #3
      Re: Welcome Finance - Repo & Court - HELP

      I now have a £600 Fiesta! NO CREDIT for me ever again!!
      Sounds like a perfect plan. We have had a £390 Galaxy for the last three years and it's done us just fine.

      Anyway, to the matter in hand, Did you receive the court claim papers from the court ?

      Could you type up the Particulars of Claim pls, and how much the total claim is for (before the court fee / solicitors costs)

      Who is the Claimant ? IND ?

      You are at allocation stage so presumably you have entered a defence ? could you post that up too please ?

      February 2014, I received a letter from IND telling me they are taking me to court for finance agreement (the court summons has the WRONG account number) So I denied I owe the amount of £11,000.
      Do you have, or have you asked for, a copy of the original credit agreement.?

      Figure out exactly where you are and whats happened to date with the court and we can go from there.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Welcome Finance - Repo & Court - HELP

        Hi,

        Claim Form;

        Particulars of claim:
        The claimant claims for funds under fixed sum loan agreements etc etc.......

        It then go's on to say
        Hire Purchase account number 2XXXXXXX (this is wrong, I have the original letter with a completely different account number) ARREARS BALANCE OF £8300.44 AS OF 26/6/2009 INTEREST UNDER S69 OF THE COUNTY COURT ACT 1984 AT RATE OF 8% A YEAR FROM 26/6/09 TI 7/1/14 AND ALSO SAME INTEREST RATE UP YO DATE OF JUDGMENT OF 1.82%


        OVER TO AMOUNT CLAIMED:
        £11313.16
        COURT FEE: 190
        SOLS FEE: £0
        TOTAL Amount: £11503.16

        Initially my defence was;
        I have no idea what account this is, I have NO account with welcome finance under account number 2xxxxx. (POOR I KNOW)

        The have pushed on and the courts issued the NOTICE OF ALLOCATION TO THE SMALL CLAIMS HEARING requesting the clamant supply a copy of the
        1.Credit agreement
        2.Detail statement of account


        A week later I received

        A copy of the credit agreement (is the true one as I have the original)
        a black copy of the credit agreement - what does black mean?
        A copy of the statement of Account.


        It was then when I realised when adding up the sums paid up until the car was taken away that I have in fact paid MORE than the allocated amount.

        NOW... on the signed credit agreement - My original & the copy, there is NO agreement number - how ever, I have the original confirmation of HIRE PURCHASE from Welcome dated 28th March 2007 and the account number is actually 4xxxxxx
        Last edited by nickprice153; 15th March 2014, 13:43:PM. Reason: Reference numbers

        Comment


        • #5
          Re: Welcome Finance - Repo & Court - HELP

          I don't know whether its in my interest to instruct a Solicitor. I have no idea how much this would cost :\

          Comment


          • #6
            Re: Welcome Finance - Repo & Court - HELP

            Okay dokey, your defence will why the case has been allocated to small claims as you basically deny having any idea what the debt is for. The court has ordered the claimants to provide information ( 1.Credit agreement 2.Detail statement of account ) - does the order that asked for that information have another point on it - ie that you can then amend your defence?


            So you have been sent the copy of the original credit agreement, a blank copy of the credit agreement, copy of the statement of Account.

            Would you be able to scan / photograph the credit agreement and post it up (or email it to admin@legalbeagles.info - REMOVE PERSONAL INFO FIRST) so we can check it over, as well as the terms and conditions of the account.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Welcome Finance - Repo & Court - HELP

              Ahh also the statement of account, if you can, or type up the payments....does it show the reposession of the vehicle in the account statement ?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Welcome Finance - Repo & Court - HELP

                I have emailed you a copy of the forms.

                It shows a lump sum payment being made, which is the car being sold and clearing some off.

                Thanks for you help again!

                Nick

                Comment


                • #9
                  Re: Welcome Finance - Repo & Court - HELP

                  Originally posted by Amethyst View Post
                  Ahh also the statement of account, if you can, or type up the payments....does it show the reposession of the vehicle in the account statement ?
                  All done.

                  Someone has said that the Claim form from the court states - "claim is for a fixed sum loan agreement " not for HPI - Which they are not able to reposes the car?

                  yes as you will see, the signed agreement is clearly for a "Hire Purchase"

                  Comment


                  • #10
                    Re: Welcome Finance - Repo & Court - HELP

                    All received Two mins
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Welcome Finance - Repo & Court - HELP

                      Can you send me the other page of the account statement pls xx oh and page 1 of the credit agreement.

                      How much was the actual purchase price of the car? £6499 ?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Welcome Finance - Repo & Court - HELP

                        No problem

                        I will send now

                        The purchase of the car was £6499 yup.....It was such a nice car lol...at the time! Clearly saw me coming!

                        Comment


                        • #13
                          Re: Welcome Finance - Repo & Court - HELP

                          Ummm yes lol. Anyone who spells Car with a K is worth avoiding; still we live and learn

                          Once have all the bits I'll get them uploaded.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Welcome Finance - Repo & Court - HELP

                            The garage has actually closed down in the years gone by, so clearly had problems.

                            Thanks

                            Comment


                            • #15
                              Re: Welcome Finance - Repo & Court - HELP

                              all received ta xx ( I guessed your occupation right too )
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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