Welcome Finance - Repo & Court - HELP

[mystery1]

Re: Welcome Finance - Repo & Court - HELP

Have you completed the Allocation questionnaire yet ?

What is the value on the claim form as you mentioned a figure which suggests fast track but you also mentioned small claims track.

M1

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

The claim is for over £11,000 and they had applied for a fast track. However, its now been changed to the small claims. From what I understand, it was due to my defence, the Account number holds no reference to me at all.

Yes, the questionnaire went back and I did request the courts to be changed. However, I have had no confirmation as of yet.

[Amethyst]

Re: Welcome Finance - Repo & Court - HELP

This post has POC / Defence / Court orders etc on http://www.legalbeagles.info/forums/...237#post418237

[mystery1]

Re: Welcome Finance - Repo & Court - HELP

Ok well don't worry about which court at the moment then.

I'd suggest a call to http://www.qualitysolicitors.com/how...le/paul-tilley which is an initial free consultation. If he can help he will. Hopefully he can get back on fast track and stuff them.

If not i wouldn't pay him to do small claims as i reckon we can get you by on here but it'll be more stressful, all be it more satisfying if you win, to do it yourself and you've indicated earlier that you wanted a pro. You get no/little in the way of costs on small claims in most cases.

M1

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

Thanks for the link. I have just left him a message and will email him now.

As it stands, I assume, If I can get this back to the Fast Track system, I have a strong chance? Is this due to the error on the credit agreement?

I'm a little lost as to were I stand and what I can do at the moment, Amethyst is checking the figures from the statement as they don't seem to add up. (Perhaps my error)

I will certainly owe man wines and beers if I win this :tinysmile_grin_t:

[mystery1]

Re: Welcome Finance - Repo & Court - HELP

You have a strong chance on any track. You have less stress if Paul does it.

The repo with no court order screws them as far as i see it. If the court agrees you WILL get all your money back that you have paid. (it's in the link i gave a few posts back)

M1

[Amethyst]

Re: Welcome Finance - Repo & Court - HELP

Rightio


----------------------------------------------------

Acceptance Fee £195
Loan Advance £6499
Adjusment ? (insurance?) £350
Finance Charges (interest) £4226.40

TOTAL - £11270

Capitalisation Charge added - £1018.68

FEE added - £933.02

TOTAL £13222.10


less

Payments made = £2007.51

Car Auction Payment = £ 1918.05


TOTAL BALANCE - £9296.54


(give or take a few quid in case my adding ups shoddy)


The statement says £8300.87 at 31st MAy 2013

So I'm a thousand out. Might be easier to stick it in a spreadsheet so will do that later on.

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

So, Seeing that I was out by a fair bit...its clear maths perhaps is not be strong point...... But this being the case; What's my angel on the incorrect credit agreement?

Also, I'm still mystified that they have no clear signed agreement from the account number THEY provided. :\

[Amethyst]

Re: Welcome Finance - Repo & Court - HELP

lol, don't worry Maths isn't my strong point either.

I have asked PT to have a look at the thread and your agreement as he really is the best person to judge if it complies or not.

[mystery1]

Re: Welcome Finance - Repo & Court - HELP

90 Retaking of protected hire-purchase etc. goods.
(1)At any time when—
(a)the debtor is in breach of a regulated hire-purchase or a regulated conditional sale agreement relating to goods, and
(b)the debtor has paid to the creditor one-third or more of the total price of the goods, and
(c)the property in the goods remains in the creditor,
the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court.


91 Consequences of breach of s. 90.
If goods are recovered by the creditor in contravention of section 90—
(a)the regulated agreement, if not previous terminated, shall terminate, and
(b)the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.


When Paul (PT2537 on here) gets back to you i'm sure he'll quickly work out how much you've paid.

M1

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

lol, don't worry Maths isn't my strong point either.

I have asked PT to have a look at the thread and your agreement as he really is the best person to judge if it complies or not.

It's just a little confusing with they way the statement has been put together. if I have paid £2,000 - this means its less than 1/3 and the repossession is most likely within their rights (I assume)

[mystery1]

Re: Welcome Finance - Repo & Court - HELP

I make it 7 * £234.80 1 * £235 1*£120 1 * £143.71 1*£100

That is £2242.31 plus £1918.05 from the sale.

M1

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

That seems closer to the bill, BUT as it was the car sale that in fact bumped the price over a 1/3, this surly wont count?

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

Unless its a 1/3 of the cost of the car £6,500 - in which case that's £2166, A figure I have paid more than.

[mystery1]

Re: Welcome Finance - Repo & Court - HELP

That seems closer to the bill, BUT as it was the car sale that in fact bumped the price over a 1/3, this surly wont count?

I don't know in all honesty however they have marked and treated it like a payment.

I know Paul has explored this area so he will hopefully help you out. He is a busy man though so be patient.

M1