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Welcome Finance - Repo & Court - HELP

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  • #31
    Re: Welcome Finance - Repo & Court - HELP

    Oh btw did you get all the terms and conditions with the agreement? (eg that shows option fee in clause 4 of terms and conditions)
    #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

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    • #32
      Re: Welcome Finance - Repo & Court - HELP

      Originally posted by Amethyst View Post
      Oh btw did you get all the terms and conditions with the agreement? (eg that shows option fee in clause 4 of terms and conditions)

      Confused......You could say that!

      As for the terms, I don't think so but I'm digging through the paper work now....if not, is that a huge problem?

      Comment


      • #33
        Re: Welcome Finance - Repo & Court - HELP

        Originally posted by Amethyst View Post
        Oh btw did you get all the terms and conditions with the agreement? (eg that shows option fee in clause 4 of terms and conditions)

        Also had a post from someone from another forum; Does this help you at all? :s it means nothing to me...


        "You have a multiple ag under s18 cca1974 and to comply with the 1983 regs must have two statutory headings in bold distinguishing type

        - An HP agreement reg by cca1974 and
        a Credit agreement reg by cca1974.

        In fact the only indication on page 1 of hp is the option to purchase the goods.

        There are also other matters relating to payment formats.

        IMO the ag breaches s60/61 and as dated prior to 6/4/2007 s127(3) still applies.

        The POC seems to me an attempt to word the unwordable

        .In addition my guess is welcome will claim you vs'd the car to them"

        Comment


        • #34
          Re: Welcome Finance - Repo & Court - HELP

          What does it say at the top of this page as the picture cuts it off






          The POC is amendable
          Last edited by Amethyst; 17th March 2014, 10:38:AM.
          #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

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          • #35
            Re: Welcome Finance - Repo & Court - HELP

            s'ok I nicked it off the PDF on CAG

            Attached Files
            #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

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            • #36
              Re: Welcome Finance - Repo & Court - HELP

              Originally posted by Amethyst View Post
              What does it say at the top of this page as the picture cuts it off



              The POC is amendable

              No picture has come up ? ;\

              Comment


              • #37
                Re: Welcome Finance - Repo & Court - HELP

                oh sorry...

                Pre Contract Information.
                Credit agreement regulated by CCA 1974

                then below that....


                Welcome finance services limited as welcome fiancé of mere way etc etc....

                Comment


                • #38
                  Re: Welcome Finance - Repo & Court - HELP

                  On the other page at the bottom under the post it note - ref TRADE PREMISES etc what does that part say (in full )
                  #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

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                  • #39
                    Re: Welcome Finance - Repo & Court - HELP

                    Hire Purchase and Credit Agreement on Trade Premises
                    Regulated by the consumer credit act 1974
                    Monthly Paid

                    Comment


                    • #40
                      Re: Welcome Finance - Repo & Court - HELP

                      Ok the agreement is not headed as required by Sechedule 1 Consumer Credit Agreements Regulations 1983 and does sound like a multiple agreement which it shouldn't do.

                      Hire Purchase and Credit Agreement on Trade Premises Regulated by the consumer credit act 1974


                      Sch 1
                      (a) “Hire-Purchase Agreement regulated by the Consumer Credit Act 1974”;
                      Sch 3
                      Nature of agreement
                      1. All types.

                      A heading in the following form of words shown prominently on the first page of the document—

                      “Hire Agreement regulated by the Consumer Credit Act 1974”.
                      I'll ask someone to look in as it's not really my area xxx
                      #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

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                      • #41
                        Re: Welcome Finance - Repo & Court - HELP

                        Originally posted by Amethyst View Post
                        Ok the agreement is not headed as required by Sechedule 1 Consumer Credit Agreements Regulations 1983 and does sound like a multiple agreement which it shouldn't do.

                        Hire Purchase and Credit Agreement on Trade Premises Regulated by the consumer credit act 1974


                        Sch 1

                        Sch 3

                        I'll ask someone to look in as it's not really my area xxx
                        That's great! I seriously owe you one!!

                        Comment


                        • #42
                          Re: Welcome Finance - Repo & Court - HELP

                          Some old reading for you from PT2537 over on CAG ref Multiple Agreements.... http://www.consumeractiongroup.co.uk...=1#post1845581

                          Helps if I add the link.


                          You didn't have PPI but you did have £350 'insurances' within the agreement

                          Plus something weird with the Option Fee £100 marked U - as that should be a payment at the end and seems to be included in the calcs for interest though that would need checking.... If you pay the Option Fee it makes it a credit agreement, if you don't it stays a HP agreement. (just a random ramble 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

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                          • #43
                            Re: Welcome Finance - Repo & Court - HELP

                            Interesting read tbh...Although, its just gone to show, I would have never lasted at UNI doing a law degree though!!

                            Back to the issue here though, So, if this is the case, and they have not adhered to the "legal requirements" Is the loan enforceable? Could this be the reason their solicitor walk away from it?

                            Comment


                            • #44
                              Re: Welcome Finance - Repo & Court - HELP

                              http://paulatwatsonssolicitors.wordp...edit-act-1974/

                              M1

                              Comment


                              • #45
                                Re: Welcome Finance - Repo & Court - HELP

                                Also,

                                Forgot to ask, is there a way I could request a change of Court? I live over 100 miles away from Peterborough?


                                Thanks in advance for all your help.

                                Comment

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