Welcome Car Finance - ahem

PNPSUKNET

they are still showing as active on company house

sj1977

So after the last fiasco arranged to make payments they wanted over £100 more each month. I paid the higher rate but was finding it too much. wrote a letter explaining financial situation and wished to make a new agreement whilst sorting financial issues. I asked allfuture correspondenceto be in writing as per advice here.

They still ring my mobile and work after this letter. but have received letters since.

Last night at roughly 10pm, knock at door, some recovery firm saying they were here to take car.

I said no and basically had to force one of themen off my drive with my gate as he tried to wedge his foot. They then proceeded to block my cul-de-sac with their lorry, backing up inchesto my gate/drive.

I said without any letter or court instruction, not happening, and rung Police- seeing at thistime Welcome would be closed.

Police came,the company produced a fax copy of a letter confirming repo of car (letter addressed to me,never seen it before).

Went to stalemate I refused them entry until i contacted Welcome, they refused to leave. Police officer, spoke to them as they wouldnt speak to me, that they will leave if they can clamp car. after 30 mins, I gave in. Even though i showed Credit agreement saying no court order - no repo.

I need to speak to Welcome today, so need some advice, i know there are now 2 missed payments while i waited for their reply to letter. On my credit agreement it says court order to remove if paid £3406.13, I went through papers this morning and have letter confirming paid £3735.

What next? under repo: my rights, if they take car it says if takes goods without consent ihave right to all monies back.

Really angry but unsure...... Please help!!!!

sj1977

Spoke to Citizens Advice, will call to local office tomorrow asthey have a drop in clinic for debt.

Spoke to Welcome, bit a of a farce.

Basically, arrears must be paid or reposession will continue (yes I got that) I asked what timescale for arears to be paid, there isn't one. I offered £10 on top of standard amount, that wasn't acceptable as it would take 12 years, so I said there must be a timescale then. No timescale given.

I was told that if I can pay within 2 months, will stop repo. I said can't afford that. no point making promises can't keep. They kept saying I'm not going to pay arrears so I had to re-irterate that there is a difference paying arrears over a time to refusing to pay.

I asked for everything in writing, can only send me standard worded letters, even if it's not addressing my situation and the letter will ask me to call them, even though I've asked for all correspndence in writing. Even wouldn't put our conversation into writing so I can take with me to dept councellers, I asked if I can have transcript, I'll have to write to complaints but by then my account wont be with them...... apparently

I asked about the legality of them clamping car or removing from drive - confrimed can not move from drive. I asked about clamp, couldn't answer. I asked to speak to recovery dept. Did not have an address/telephone number/email I could have to contact them.

I'm tempted to remove clamp as it's on my property, where do I stand?

I asked about my credit agreement and the fact their letter says I've paid over the anmount. Refused to agree that reading this that a court order is required, even though amounts are in my favour, went onto say they mean total good and insurances etc.. this is not stated in the section for reposession.

As far as they concerned now it's too late to do anything... unles I pay all arrears ASAP. by the way it's £1300. I did say we are in financial difficulties, and trying to sort this out and offering payment plans which are impossible is no good.

Said they'd spoken to wife on phone and I've said yes but we need written confirmation of everything, so I can keep records of any agreements as people can get flusttered over telephone calls and make offers that overstretch themselves like what happened to us. Kept repeating that line to me - they rung.... they even turned up on doorstep unannounced a few weeks back to speak. but we were not at home to chat. good to see my letter requesting written correspondence only worked.
Wasted an hour of my life there.

sj1977

So after the long winded call, to Welcome, and asking them to send copies of whatever letters and the credit agreement they hold (to double check against the copy we have at home) they just send a statement.... so basically nothing of what i asked.

Written another letter to them, basically suming up my phone call , went to 3 pages in length time it was finished. That's been posted as nothing else has arrived from them.

Yesterday when not at home the recovery firm turned up again, left a note saying missed us. so will be emailing them today, as want to keep everything in writing, telling them to not turn up again as we are in dispute with Welcome over this supposed "legal" repossession, as far as I'm concerned they require a court order...and also the car will be on a private drive so they have no way of entering the property to remove the vehicle.

By the way the clamp has been removed - by elves I'm assuming.

Apart from retyping the "Reposession - Your Rights" paragraph, can anyone shed a light as to why Welcome, are able to say their letter sayin I paid £3700 does not apply, to the Credit Agreement saying if I pay pay £3406, a court order is required to repossess or I can claim all monies back if taken without consent.

~Brock~

If you have taken any insurances on the agreement, the monthly payment element of these does not count towards the figure in the repossession box.

Eg: Monthly payment for car £150
Monthly payment for insurance £50
Total monthly payment £200
Only £150 of every £200 you pay counts towards the repossession figure.

Any deposit you originally paid, providing this is recorded on the agreement, does count.

If the amount you have paid does not add up to the repossession figure, after taking the above factors into account, then they do not need a court order to take the car.

If you have paid over the repossession figure and they take the car without a court order then you will be entitled to claim back all monies paid (including deposit), although you would probably need your own court order for that to happen.