help urgently needed please!

fawd1

ok, so I have a car on hire purchase from Welcome Finance (bad choice I know but only choice available at the time) Anyway, got into a bit of trouble with them last year and they issued a default (according to my credit file) in February. Since then have come to a different arrangement with them and paid approx 130 a month. I paid two weeks late in October, but then paid 300 at which point they again sent me a default notice (???- who knew the same company could put a default on top of a default for the same loan). So, have been paying 140 since then per month to keep on top of things. Was going to be late in paying in January so let them know when they called I wouldn't be able t meet the payment all in one go that month. Heard absolutely nothing back until this morning when a man turned up at 8.45 to collect the car. So, told him I wouldn't give him the keys as I believe I am over the 1/3 payment that means they need a court order to take the car and also because this was the first I've heard of it. After much much discussion, and many phone calls to welcome (I couldn't get through, the collector had a private mobile number) and with the threat of calling the police to come and collect the car, the collecter told me that I wouldn't have to give the car up today. Now, what should I do? Surely they can't take the car without informing me first that they're going to. I've had no termination of contract letter, no notice of repossession, nothing. So what should be my next steps. I really want to do everything by the book as Welcome are so rubbish and never send letters etc. They kept trying to tell me today that they had sent a letter and that they didn't need to prove they had sent it, I needed to prove they hadn't. How can I possibly prove I didn't receive a letter??? Anyway, I can start doing something about this tomorrow, am just wondering what my next move should be. I'm not trying to get out of paying, just want to keep the car. Any help greatly appreciated.

fawd1

Anyone? would really appreciate some pointers

inmypocketnottheirs

All your answers will be in your original Welcome agreement. Normally under hire purchase you can Voluntarily Terminate after half the amount has been paid, and passed this stage they will need a court order to repossess the car. Prior to the halfway point, they won't need a court order, but you need to check your terms and conditions.

standupguy

Once you have paid one third the hp price they cannot repossess without a court order.

Before they can go to court they must send a termination letter to you -it is not up to you to prove receipt - it is down to them

If it got to court I think a judge would be sympathetic as you have been paying what you can and I suspect any order to repossess would be suspended if you continue to pay what you can afford.

fawd1

Thanks for your advice guys. Any ideas on what my next move should be. The branch manager has just called me and I need to call him back but really have no idea what to say.

standupguy

Ring him back and listen what he has to say without agreeing to anything.

Tell him, if needs be, you are aware of your rights and do not be bullied