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12 Months of hell with Welcome Finance VT request. Help me!!
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I've been living with complaint/dispute with Welcome Finance for over 12 months now. And the latest developments have got me completely lost. I just don't know what to do now. I'll try and put a brief history of what's happened here. There is a lot more info, but I think these are the crib notes.
Hire Purchase agreement taken out on 26th April 2007 for 48 months paying £177.49 per month.
Sent request to voluntarily terminate on 27th April 2009 via recorded mail.
On 1st June received statement from termination department stating I had an outstanding liability of £700.43 at that time that had to be paid before terminating my agreement.
My signed agreement states I can voluntarily terminate my agreement once I had paid half the total amount payable which was £4'049.84. Welcome claimed this figure was for payment of goods only, even though there is no indication on my agreement that this amount is to be divided between the goods and insurances. It clearly state that figure is for half the total amount payable. I raised a complaint about this as I did not believe this to be fair.
I employed the services of a solicitor in June 2009 as Welcome were not dealing with my complaint seriously.
After numerous letters from my solicitor, most of which went unanswered, a response was forthcoming in October 09.
Welcome claimed the request to terminate my agreement was not made until 27th Sept 2009 even though I have letters from the termination team dated June 2009.
On 6th October solicitor received a letter from Welcome stating I had made payments totalling £4'035.87, which is only a difference of £13.97, on the termination amount, not the £700 liability first claimed.
According to the statement of my account dated 27th June 2009 though, it clearly shows that I have made payments totalling £4'547.25, to that date, plus the repayments I had made between June and September which amounted to £532.47. That made my total repayments totalling £5'079.72.
That amount is considerably more than the termination amount of £4'049.84.
In September Welcome were informed by my solicitor that they were causing me financial hardship as I was still making monthly payments to avoid adverse credit, but due to the inability to deal with this complaint or respond to the communications, Welcome were advised by my solicitor that my payments were to be stopped in the hope that they may take the situation more seriously.
On 27th November Welcome made a final response deciding that they were going to use my over payments to clear the liability and were to refund me £9.96, close the account and take the car back.
I took the matter to the Financial Ombudsman, as I did not agree with my overpayments being used to clear a liability that I believe should not have been quoted in the first place.
In March, the FOS sided with Welcome, and closed my claim. I did not hear anything further from Welcome until I was sent a letter of notice of sums in arrears, detailing none payments from October 2009 to March 2010 totalling £1'597.41 plus interest. I called to dispute this letter. Was passed from department to department, all which didn't know what the other was doing, and no record of my complaint was on the system. I was promised that I would receive a call back the next day when the advisor had spoken to her manager, read all the notes on the account, an contacted other departments involved. No call back was received.
Then a week later I received another letter serving me with an official default notice, and requesting I pay the outstanding balance of £1'597.41 within 14 days, otherwise I would then have to pay the balance of £3'914.45. Welcome are now saying I can not terminate the agreement due to the defaults on my account. I must voluntarily surrender it, and I would have to pay liabilities on my account. They can now no longer find any paper work related to my complaint, and say the termination request is closed again.
I was promised another call back when I rang to express my dishust at this recent letter, and once again, 4 days later and still no call back.
The car has been sat on my drive for over 12 months now with no tax, insurance or mot. Registered off road with the DVLA which has just been renewed again for another 12 months.
I really don't know what else I can do. I have sent the above brief description to watchdog in the hope they can help, but I really need some help to bring this problem and the way Welcome have dealt with this, and continue to deal with it, into the public domain.
My only other avenues left I can think of are Watchdog, or take Welcome to court myself. I am currently unemployed, and have already had to receive legal aid for the period this was being dealt with by a solicitor last year. I don't know whether I could get it again to take them to court.
This is really affecting my life. I can not do anything now regards getting credit anywhere with this on my file.
Please can somebody help me. I have all copies of documents from Welcome, and my case file from the solicitors that would give a fuller picture than my crib note description can give.
Hire Purchase agreement taken out on 26th April 2007 for 48 months paying £177.49 per month.
Sent request to voluntarily terminate on 27th April 2009 via recorded mail.
On 1st June received statement from termination department stating I had an outstanding liability of £700.43 at that time that had to be paid before terminating my agreement.
My signed agreement states I can voluntarily terminate my agreement once I had paid half the total amount payable which was £4'049.84. Welcome claimed this figure was for payment of goods only, even though there is no indication on my agreement that this amount is to be divided between the goods and insurances. It clearly state that figure is for half the total amount payable. I raised a complaint about this as I did not believe this to be fair.
I employed the services of a solicitor in June 2009 as Welcome were not dealing with my complaint seriously.
After numerous letters from my solicitor, most of which went unanswered, a response was forthcoming in October 09.
Welcome claimed the request to terminate my agreement was not made until 27th Sept 2009 even though I have letters from the termination team dated June 2009.
On 6th October solicitor received a letter from Welcome stating I had made payments totalling £4'035.87, which is only a difference of £13.97, on the termination amount, not the £700 liability first claimed.
According to the statement of my account dated 27th June 2009 though, it clearly shows that I have made payments totalling £4'547.25, to that date, plus the repayments I had made between June and September which amounted to £532.47. That made my total repayments totalling £5'079.72.
That amount is considerably more than the termination amount of £4'049.84.
In September Welcome were informed by my solicitor that they were causing me financial hardship as I was still making monthly payments to avoid adverse credit, but due to the inability to deal with this complaint or respond to the communications, Welcome were advised by my solicitor that my payments were to be stopped in the hope that they may take the situation more seriously.
On 27th November Welcome made a final response deciding that they were going to use my over payments to clear the liability and were to refund me £9.96, close the account and take the car back.
I took the matter to the Financial Ombudsman, as I did not agree with my overpayments being used to clear a liability that I believe should not have been quoted in the first place.
In March, the FOS sided with Welcome, and closed my claim. I did not hear anything further from Welcome until I was sent a letter of notice of sums in arrears, detailing none payments from October 2009 to March 2010 totalling £1'597.41 plus interest. I called to dispute this letter. Was passed from department to department, all which didn't know what the other was doing, and no record of my complaint was on the system. I was promised that I would receive a call back the next day when the advisor had spoken to her manager, read all the notes on the account, an contacted other departments involved. No call back was received.
Then a week later I received another letter serving me with an official default notice, and requesting I pay the outstanding balance of £1'597.41 within 14 days, otherwise I would then have to pay the balance of £3'914.45. Welcome are now saying I can not terminate the agreement due to the defaults on my account. I must voluntarily surrender it, and I would have to pay liabilities on my account. They can now no longer find any paper work related to my complaint, and say the termination request is closed again.
I was promised another call back when I rang to express my dishust at this recent letter, and once again, 4 days later and still no call back.
The car has been sat on my drive for over 12 months now with no tax, insurance or mot. Registered off road with the DVLA which has just been renewed again for another 12 months.
I really don't know what else I can do. I have sent the above brief description to watchdog in the hope they can help, but I really need some help to bring this problem and the way Welcome have dealt with this, and continue to deal with it, into the public domain.
My only other avenues left I can think of are Watchdog, or take Welcome to court myself. I am currently unemployed, and have already had to receive legal aid for the period this was being dealt with by a solicitor last year. I don't know whether I could get it again to take them to court.
This is really affecting my life. I can not do anything now regards getting credit anywhere with this on my file.
Please can somebody help me. I have all copies of documents from Welcome, and my case file from the solicitors that would give a fuller picture than my crib note description can give.
Have you found the actions of Welcome towards me 8 votes
Fair
0%
Unfair
0%
disgusting
62%
5 votes
no opinion
37%
3 votes
0
Comments
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disgustingwe have had same problems with welcome...after numorous calls rows etc we put the car keys in a envolope with all documents and a note stating where the car was and sent it to them registered.....8 months later car is picked up and a letter recieved stating our balance is zero0
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we have had same problems with welcome...after numorous calls rows etc we put the car keys in a envolope with all documents and a note stating where the car was and sent it to them registered.....8 months later car is picked up and a letter recieved stating our balance is zero
I don't think I'll be able to do that now. I think it's gone too far. I'm hanging on to the car to give me some sort of leverage over and above the paperwork I have.
I want the defaults removed from my file as a minimum.
I'm so worn out and low with this entire situation now. It's really affecting me.0 -
where did your solicitor leave it? I would go back to them personally and take welcome to court0
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Basically the solicitor said I had exhausted my alloted funds for financial aid, so had to close my file at the time the final decision from Welcome arrived, just before I sent the case to the financial omdusmen.
I don't know whether I would be entitled to any more legal aid. I'm thinking my only route left though is court.0 -
It may be a new matter so you might get it. if you don't ask you will never know. I think you need to take welcome to court, i hope you still have all the docs that welcome, solicitor and FSO sent? Have you called the to see how they see it?0
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The default notice they sent you is more than likely dodgy if it only says "within 14 days".
I would get it checked out.Karma - the consequences of ones acts."It's OK to falter otherwise how will you know what success feels like?"1 debt v 100 days £20000 -
Basically the solicitor said I had exhausted my alloted funds for financial aid, so had to close my file at the time the final decision from Welcome arrived, just before I sent the case to the financial omdusmen.
I don't know whether I would be entitled to any more legal aid. I'm thinking my only route left though is court.
The only difference between solicitors and loan sharks are that you can't get a loan from a solicitor. They are both parasites who prey on the weak and needy.0 -
It may be a new matter so you might get it. if you don't ask you will never know. I think you need to take welcome to court, i hope you still have all the docs that welcome, solicitor and FSO sent? Have you called the to see how they see it?
Yes I still have every single piece of paperwork from April 2009 when I requested to VT my agreement, all the paperwork from my file with the solicitor and all the paperwork from FOS.The default notice they sent you is more than likely dodgy if it only says "within 14 days".
I would get it checked out.
It actually says I have to pay the defaulted amounts with in 14 days or the letter, or I will have to pay up the remainder of the agreement, which stands at £3900 and I would be eligable for legal costs. They would also put a charge on the car for it to be collected, although I have pai more than 1/3rd of the agreement amount, so they would need to get a court order to take the car back, otherwise I would be eligable for all the money I have paid them to be returned to me.The only difference between solicitors and loan sharks are that you can't get a loan from a solicitor. They are both parasites who prey on the weak and needy.
But ultimately they still both have to abide by the law. If Welcome are doing something that is not legal, then a solicitor would be able to highlight this and use it. Paying for the services of a professional service is a way of the world.0 -
the consumer credit act re defaults and terminations is quite clear in that by just putting "within 14 from the date of the letter" is not proper.
It must specify an actual date and it must allow time for postage therefore giving the debtor the actual 14 days to remedy the situation.
There is no leeway on this.
I wouldn't panic. Have they issued a termination notice yet? If they do accept it in writing.
I am having this very same problem.
PS
I wouldn't let on to Welscum that their DN's are rubbish in case they send you a properly dated one that would stand up.Karma - the consequences of ones acts."It's OK to falter otherwise how will you know what success feels like?"1 debt v 100 days £20000 -
the consumer credit act re defaults and terminations is quite clear in that by just putting "within 14 from the date of the letter" is not proper.
It must specify an actual date and it must allow time for postage therefore giving the debtor the actual 14 days to remedy the situation.
There is no leeway on this.
I wouldn't panic. Have they issued a termination notice yet? If they do accept it in writing.
I am having this very same problem.
PS
I wouldn't let on to Welscum that their DN's are rubbish in case they send you a properly dated one that would stand up.
It definately doesn't specify any date on the DN. It just says 14 days on it.
I haven't received any termination notice from Welcome. Just the notice of sums in arrears, and the official default notice. Tht's it.0
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