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Welcome car finance ppi reclaim turning into a CCJ!

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  • Welcome car finance ppi reclaim turning into a CCJ!

    Hi, ok this is long, complicated and quite hard to explain so thanks in advance to anyone who has the stomach to read the whole ringmarole!

    In 2006 we (my husband) purchased a car via a dealership, we had poor credit so the dealership used Welcome car finance as our lender. The salesman (call him 'S') gave us a rundown of the costs for the car which was £4,500ish and with the apr the total bill would come to around £7500. fine we said, so S told us it would take around a week for all the paperwork etc etc and he would be in touch. Later that week S rang my husband to say that he needed to come into the dealership because there was a problem, so in we trot.. S told us that Welcome needed to speak to Paul (husband) and he rang them from his desk and handed the phone to Paul, a man from welcome then told Paul that he could not have the original finance because Paul was a CIS contractor so effectively he was self employed and the only way they would lend the money was if he took their PPI policy with the loan - no PPI, no car. We desperately needed a car so Paul was then under pressure to say yes so did so and signed the paperwork that S presented to us. This agreement ended up at a total of £10550!
    We never missed a payment until an accidental 'boing' at the bank in late 2009 when we genuinely didnt know that we didnt have enough money there, Paul recieved a very abrupt phone call on his mobile whilst at work demanding the payment NOW on the Tuesday, he explained that it was an accident and thet he wouldnt have the money to pay them until the Friday and could they please wait until then (3 days time) Welcome's response was basically NO, pay us now whether you have the money or not! Paul pointed out thet we had never ever missed a payment and couldnt give them what he didnt have and why couldnt they wait until Friday? Welcome again responded with a harsh 'dont care' attitude and began threatening to re-claim the car (which they couldnt do due to us having already paid more than half) they threatened CCJ's Baliffs, you name it. This went on all week! Phonecall after phonecall, at one point a man very agressively told Paul that "You WILL pay the money to me, and we WILL get it from you one way or another" Paul then became agressive himself (I think understandably) and hung up on them. He then refused to speak to them and as a result of their attitude they were not paid. It went on and on and on... We even tried to give them the car back, they initially said no they werent prepared to do that, and then sent us a bill for nearly £1000 to take the car away before they had even seen the thing


    At this point we had £3138 left to pay, meaning we had paid nearly £7500. The credit agreement states 'total payable for goods £7791.52.

    We realised that we had been mis-sold the PPI when all these adverts and Martin Lewis were on TV talking about it all. When we tried to claim the PPI was unfair and mis-sold Welcome sent us a form, told us they had investigated it and that they never sold us the policy and to chase the dealership (which had gone, completely..no longer there We had the FOS look at it and after about 2 and a half years they said, sorry we cant help because the dealership has gone out of business.)
    Paul then told them that we would instead like to cancel the PPI and all they did was send us a letter saying that it had been cancelled and a refund of £64 odd had been deducted from our final total! The total amount for insurances on our credit agreement states £2763!!! If this is the case then surely a large remainder of what we owe is PPI and interest on PPI?

    roll on to now,
    We have tried to sort out a payment agreement with Welcome, they told Paul that they couldnt even find his accouont with them and they would call him back whrn they located it...they didnt..
    Deloitte have taken on our PPI claim and are trying to re-claim from the dealership (which we still maintain didnt sell us the PPI) nobody seems to be listening to us re:welcome sold it to us over the phone:tinysmile_hmm_t2:

    Anyway, as part of our process we had to call welcome to ask for a letter stating that they didnt sell us the PPI. Miraculously they found the account..and then told Paul over the phone that they werent sure if they could send a letter because they werent sure who was responsible for the selling of the PPI due to ...and I quote..'a box not being ticked'
    They did send us a copy of the letter sent in 2009 saying they had investigated and decided that it was the dealership, which we sent to Deloitte.
    A letter arrived yesterday from Northampton County Court saying Welcome are taking Paul to court for failure to pay the contractural installments...£3999 plus added interest and costs totalling £4333.68

    I have letters from welcome dated 2010 stating the debt

    04/02/2010 £3138.96
    16/02/2010 £3238.58
    Within 12 days it went up by nearly £100 with no explanation!
    The court papers say as of 02/04/2010 it was £3399.91
    Where the hell are these figures coming from?! its like they are plucking random figures out of the air!
    As I previously stated, when Paul rang Welcome to arrange to pay this off he was told that they couldnt find the account, so where in merry mooblie have they suddenly pulled this lot from?!

    I'm so sorry this is long but I'm trying to give as much info as possible in the hope of someone knowing what the heck we can do now, Paul wants to contest as its mostly PPI and PPI interest which we are claiming for anyway..how does this work?

    Heres hoping that someone can help!

  • #2
    Re: Welcome car finance ppi reclaim turning into a CCJ!

    Hi there!

    I am bumping this because since I wrote it things have happened.
    Defence filed as them not replying to request for original agreement, welcome did eventually supply copies (blurry) which bear a signature that is definately NOT my husbands and the agreement number has been clearly crossed out and re-written without any initialling. A list of payments and charges etc also came with this pile of paper which is full of charges for various things aswell as our payments.

    anyway..
    Got it all allocated to local court.
    My husband has been sent a local court date, a few days later a letter arrievd from Welcome stating that Hegarty LLP was no longer acting as their solicitor and that Welcome are representing themselves. This has confused us to say the least!
    Now we are unsure of how to construct a defence, the signature is not his, the agreement no has been changed (we suspect when they added the PPI) and also I noticed the other day that on the credit file they have continuously listed a red 6 since the missed payment in 2009 and no default has been recorded, along with this they have added all the court costs to the figure owed before they have even been to court!

    Please can anybody advise? HELP!!

    Comment


    • #3
      Re: Welcome car finance ppi reclaim turning into a CCJ!

      Hi there bumping up for you again as it seems rather a complex issue, due to your specific case, hopefully with the weekend arising someone will be along to advise the best they can, good luck with this.

      Comment


      • #4
        Re: Welcome car finance ppi reclaim turning into a CCJ!

        Thanks Di, I really hope somebody out there has some ideas!

        Comment

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