Urgent - Court Action Threatened by Welcome Finance

Laitty
Laitty Posts: 33 Forumite
Urgent help required.
My sister has a car agreement with Welcome Finance. They sold her husband a PPI despite the fact that he has suffered from mental illness in the past, and is also a diabetic. Following the usual practice of mis-selling the PPI claims, they have requested a copy of the CCA from WF. In actualy fact, they have requested the documents on four seperate occasions first starting in October! To date, we have not received any documentation to this affect.
However, today, my sister received a Court Order on the car (it is in both their names). She is terrified that they may be taking the car off them naturally. My understanding of the situation, through what I've read on the website, is that they cannot do this, as, until the CCA is received, the debt is unenforceable? Can anyone confirm this or have I got it completely wrong?
Any advice on the matter is greatly received.

Laitty
2010 wins: Red Bull Watch (Mar), Solar T-shirt (Mar), 2* tickets to Punchestown Racecourse (Apr)

Comments

  • Apples2
    Apples2 Posts: 6,442 Forumite
    Putting the PPI aside for a minute, is it a fair assumption they are not repaying the loan??

    How much was the loan?
    What is the apr?
    When was it taken out?
    How much arrears are there?
    What type of loan was it?
  • ILW
    ILW Posts: 18,333 Forumite
    Laitty wrote: »
    Urgent help required.
    My sister has a car agreement with Welcome Finance. They sold her husband a PPI despite the fact that he has suffered from mental illness in the past, and is also a diabetic. Following the usual practice of mis-selling the PPI claims, they have requested a copy of the CCA from WF. In actualy fact, they have requested the documents on four seperate occasions first starting in October! To date, we have not received any documentation to this affect.
    However, today, my sister received a Court Order on the car (it is in both their names). She is terrified that they may be taking the car off them naturally. My understanding of the situation, through what I've read on the website, is that they cannot do this, as, until the CCA is received, the debt is unenforceable? Can anyone confirm this or have I got it completely wrong?
    Any advice on the matter is greatly received.

    Laitty

    Did he tell them that he suffered from mental illness etc when he applied for the loan?
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    Regardless of ppi etc, as its a secured loan if you do not keep up repayments any lender can take the car back as its their property. If you have paid more than 3/4 though they have to go to court for a repo order.
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