Welcome Finance - Repo & Court - HELP

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

I can imagine he is, I shall wait and see. I have spoke to him in brief via email.

Thanks for all you help on this so far

[seduraed]

Re: Welcome Finance - Repo & Court - HELP

The third mentioned in the HP agreement is for a third ofthe total amount of credit .

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

To be honest, I thought this would the case. I have paid a little below this. But as one or 2 people have pointed out, there seems to be No acknowledgment of the car on any of the paperwork they supplied to the courts. The front page of the Credit Agreement was not sent to court by them.

[wales01man]

Re: Welcome Finance - Repo & Court - HELP

Having read this thread and the Opinions and advice given due to the sum of money involved can I suggest that you consult a specialist Solicitor you may need someone to argue this legally for you in a Court.

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

I will be hoping a solicitor referred to be via this forum can help shed some light

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

Hi Guys,

Speaking to Paul today so will keep you informed.

If his unable to help me, I may need some ones help with a new defence. :?

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

just an update,

its looks as though the agreement does not appear to have any real issues from what I have been told by Paul Tilley. However, the claim seems to be incorrect and there is no default notice (so it would seem) nor a sum of arrears which also causes problems.

I'm due to speak to Paul tomorrow to discuss this a little father. However, I am slowly coming to the conclusion that I may lose this, IF SO! whats the avenue I take.

Do I offer to make a number of large payments to clear a smaller amount (I have paid over 4000 and the loan was £6500) so if I offer to pay £2500 in 12 large payments and have their capital paid off inside a year? OR a lower amounts but for the same figure etc?

[Amethyst]

Re: Welcome Finance - Repo & Court - HELP

Making an offer of a decent installment amount might get them off your back but they might want a Tomlin / Consent Order so they have the option to chuck in a Judgment if you default on any agreed payments. They are claiming £8k arent they? so you'll have be pretty good at negotiating to get that down to £2.5k - especially if they think they'll walk it in court on the full amount - so possibly the charges but the original amount you signed up to pay was £11k regardless. £6.5k for the car which they sold for £1900 a year later, and the rest interest and finance charges.

[seduraed]

Re: Welcome Finance - Repo & Court - HELP

There was a policy at welcome to charge £10 per call made to customer. The staff were tasked to generate an amount of charges per week . Check on the welcome agreement , there should be a customer nuber and an agreement number .

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

Right,

After my chat with Paul today. He has quoted me £800 to act on my behalf.

There seems to be no default notice on the car, thus, rendering the agreement void.
They don't seem to have issued a statement annually - Meaning they can not claim interest, only the capital.
IND have no legal right to be acting on behalf of Welcome as they are not a solicitor nor the claimant, meaning the £3,000 they have added on top is arguable.
On their questionnaire, they have confirmed they will be supplying No Witnesses NOR evidence.


Taking this into account, do I write to Welcome and make them aware of the above, informing them of the issues and the car being repossessed for the value of £1900, CONSIDERING it would seem they are unable to claim any interest on the loan or the 3,000. Suggest that if we go to court, I have a strong case and my solicitor feels we would "win" that I offer to pay the remainder of the capital over a 12 Month period?


OR

Do I simply accept that I owe the £8500, but ask them to take into account the £4100 paid and offer to set a payment plan up for the difference?

OR any other suggestions? £800 Seems expensive, even more so if I lose this! It just adds to the financial issues I have.

[Amethyst]

Re: Welcome Finance - Repo & Court - HELP

Okay cool. Well you definitely need to enter an amended defence to include everything you now know about the debt. I wonder if upon amendment it might be reallocated to fast track as it isn't a straightforward 'don't know what you're talking about' defence any more and you will have some quite strong and complex arguments.

I'm not convinced on the default notice point, when they repossessed the car and sold it did you receive any paperwork at all? I'm not convinced the a finance agreement survived the repossession although you would have been liable for the shortfall in the sale price of the car and annoyingly I'm not sure exactly what the shortfall would be calculated on.

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

I assume by amending the defence this will delay the hearing further?

I received not a thing regarding the repo'd car, nothing at all. They didn't even inform me of the value achieved when sold. I swear to you, the first I heard about the amount was the statement I received a few weeks ago (And even then, I am "assuming" that's the car payment of £1900) The short fall is of original capital is just over £2300.

The date is set for mid April, so I understand, what ever I do, needs to be acted on fast.

I'm also wondering by offering the payment plan, It's showing my intent to pay, and that's something that will act in my favour in court?

People have told me you can offer a £1 a week! however, I can see this being acceptable! :|

PS, just saw your birthday message, thanks

[Amethyst]

Re: Welcome Finance - Repo & Court - HELP

Many happy returns xxx

If you made an offer to pay it would be based on your income and expenditure and would be an amount judged as affordable. That would give you a CCJ obviously and depending on the installment figure the claimants may want to secure the debt with a charging order over your home. That would also be based on the full amount of the claim.

[nickprice153]

Re: Welcome Finance - Repo & Court - HELP

Ok,

Even if this agreed before the court hearing? I am no a home owner, so I assume this is not something they can do. I currneltly have payment plans for 2 others for £20pcm a the moment, one for £4000 and another for £1000, however, these will be much lower Now as they have been running for a few years. (these where not through the courts, so as it stands, I have no CCJ's)

[mystery1]

Re: Welcome Finance - Repo & Court - HELP

Paul knows more than most of us so if he thinks you'll win he means it. He's not short of work so wouldn't bs you to make money.

Having said that, litigation come with no guarantees.

Your circumstances are unique to you so asking us to make a decision for you doesn't work. All you can do is weigh up the facts and decide what you think is best for you.

M1