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Hi,
I am trying to help a friend out who has mental health problems and has a few problems with Welcome Car Finance.
My friend suffers from Bipolar Disorder and has manic psychotic episodes. In 2009, whilst on a high he was told by his employer that his car at seven years old was too old and as they pay him a monthly car allowance he needed to get a newer car that was less than five years old as per company policy. He contacted Welcome Car Finance and was given an appointment for later that same day. He took himself to their premises and ended up part exchanging his seven year old Astra for a £1. The vale of his car should have been around £1500 to £1800 as it had low mileage for its age. A couple of weeks after taking out a car on HP with Welcome he went sick due manic depression and never returned as he was dismissed whilst on sick leave.
He paid four payments to Welcome, fell into arrears and the police took his car away when it was parked on the road outside of his house. Due to his poor mental health and paranoia at the time he did not contact Welcome or speak to the police officer who carried out he repossession.
Four years later he received a default notice by Welcome Finance via the DCA dated 1/11/2013 and a County Court Summons dated 20/11/2013 for £xxxxx which includes £xxxx backdated interest.
I had concerns when he told me that he had part exchanged his Astra for £1 and I felt that he had been exploited by the salesman. I told him to speak to the DCA and tell them about his mental health and that he needed to challenge it. He spoke with the DCA by telephone on 25/11/2013 and requested a copy of his original agreement so that I could see whether he was right that he had part exchanged his Astra for a £1. The DCA said that they would speak to Welcome and get his CCA sent to him.
The DCA sent an annual statement dated 15/3/2013 and a Debt and Mental Health Evidence Form. He took the Debt and Mental Health Evidence Form to his mental health occupational therapist who has completed. She has stated on the form that my friend his chaotic, does not have capacity when dealing with money, manic spending, is unable to hold down a job, has minimal employment prospects and confirmed his diagnosis. We are about to send this form back to the DCA though I am unsure whether this will make much difference?
Today he received a letter from Welcome Car Finance dated 26/11/2013 via the DCA. This is a summary and quotation from it:
"Request For Information : Section 77 CCA"
"Thank you for your recent request under s77 of the Consumer Credit Act for a copy of the executed agreement and a statement of account.
At the current time, we are only able to partially fulfil your request and are not able to provide you with a copy of your agreement.
In the meantime, we can present the following information that is material to your agreement:"
It then gives a series of figures:
A Total Amount Of Credit £xxxxx
B Amount of Credit for Cash Advance £xxxx
C Amount Of Credit for Insurances £0
D Duration of agreement 48 months
Amount of each monthly repayment £xxx
Number of monthly payments 48
APR (Variable) 0%
E Payment Protection Plan N/A
F Shortfall Extra WCF £420
G Emergency Recovery N/A
H Mechanical Breakdown £725
I Old Homecare £0
J Option to purchase £1
L Total charge for credit £xxxx
M Rebook acceptance fee £0
N Mortgage indemnity N/A
O Interest charge £xxxx
The letter then goes onto say:
"We appreciate that we should be providing a copy of your agreement, I do apologise that we have not been able to fulfil this request.
However, the information above would have been clearly stated on your original agreement. I hope this information will suffice your purposes."
They have then enclosed a completely blank CCA and a copy of their terms and conditions.
I have very limited knowledge when it comes to debt so any advice I would be really grateful for. I do not know what to due with the court papers, whether to try and raise a defence on the above grounds or whether just to compile a financial statement with him. I think he only has a few days left to return the court papers as they are dated 20th Nov.
Many thanks
Jeff
I am trying to help a friend out who has mental health problems and has a few problems with Welcome Car Finance.
My friend suffers from Bipolar Disorder and has manic psychotic episodes. In 2009, whilst on a high he was told by his employer that his car at seven years old was too old and as they pay him a monthly car allowance he needed to get a newer car that was less than five years old as per company policy. He contacted Welcome Car Finance and was given an appointment for later that same day. He took himself to their premises and ended up part exchanging his seven year old Astra for a £1. The vale of his car should have been around £1500 to £1800 as it had low mileage for its age. A couple of weeks after taking out a car on HP with Welcome he went sick due manic depression and never returned as he was dismissed whilst on sick leave.
He paid four payments to Welcome, fell into arrears and the police took his car away when it was parked on the road outside of his house. Due to his poor mental health and paranoia at the time he did not contact Welcome or speak to the police officer who carried out he repossession.
Four years later he received a default notice by Welcome Finance via the DCA dated 1/11/2013 and a County Court Summons dated 20/11/2013 for £xxxxx which includes £xxxx backdated interest.
I had concerns when he told me that he had part exchanged his Astra for £1 and I felt that he had been exploited by the salesman. I told him to speak to the DCA and tell them about his mental health and that he needed to challenge it. He spoke with the DCA by telephone on 25/11/2013 and requested a copy of his original agreement so that I could see whether he was right that he had part exchanged his Astra for a £1. The DCA said that they would speak to Welcome and get his CCA sent to him.
The DCA sent an annual statement dated 15/3/2013 and a Debt and Mental Health Evidence Form. He took the Debt and Mental Health Evidence Form to his mental health occupational therapist who has completed. She has stated on the form that my friend his chaotic, does not have capacity when dealing with money, manic spending, is unable to hold down a job, has minimal employment prospects and confirmed his diagnosis. We are about to send this form back to the DCA though I am unsure whether this will make much difference?
Today he received a letter from Welcome Car Finance dated 26/11/2013 via the DCA. This is a summary and quotation from it:
"Request For Information : Section 77 CCA"
"Thank you for your recent request under s77 of the Consumer Credit Act for a copy of the executed agreement and a statement of account.
At the current time, we are only able to partially fulfil your request and are not able to provide you with a copy of your agreement.
In the meantime, we can present the following information that is material to your agreement:"
It then gives a series of figures:
A Total Amount Of Credit £xxxxx
B Amount of Credit for Cash Advance £xxxx
C Amount Of Credit for Insurances £0
D Duration of agreement 48 months
Amount of each monthly repayment £xxx
Number of monthly payments 48
APR (Variable) 0%
E Payment Protection Plan N/A
F Shortfall Extra WCF £420
G Emergency Recovery N/A
H Mechanical Breakdown £725
I Old Homecare £0
J Option to purchase £1
L Total charge for credit £xxxx
M Rebook acceptance fee £0
N Mortgage indemnity N/A
O Interest charge £xxxx
The letter then goes onto say:
"We appreciate that we should be providing a copy of your agreement, I do apologise that we have not been able to fulfil this request.
However, the information above would have been clearly stated on your original agreement. I hope this information will suffice your purposes."
They have then enclosed a completely blank CCA and a copy of their terms and conditions.
I have very limited knowledge when it comes to debt so any advice I would be really grateful for. I do not know what to due with the court papers, whether to try and raise a defence on the above grounds or whether just to compile a financial statement with him. I think he only has a few days left to return the court papers as they are dated 20th Nov.
Many thanks
Jeff
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