fighting a loosing battle

fresh-air1

Hi any help would be appreciate, my husband got a car in 2008 with yes car credit and the finance was arranged through welcome finance, we were there for hours they wouldn't let us have the finance without taking out insurance making us wait around, anyway my husband lost his job and the car kept going wrong and was back and forth having repairs carried out all the time, well in 2009 after making 14 payments of 285 and returning what seemed like every month with the head gasket going and other problems enough was enough,:mad: after lots of calls we arranged with yes car credit to take the car back to them , we have heard nothing since today 4 years later from MK rapid recoveries stating that he owes them £3000 we have just checked his credit file and a default noticed was placed by them in jan 2010, also welcome have placed a settlement date in 2010, we dont understand why we owe any money, as we were told because of the problems we had with the car from day one, the agreement would end and we would owe nothing, now this has just turned up out of the blue,

~Beanie~

Do you have anything in writing that states that the agreement ended once you handed the car back?

I find it hard to believe that Welcome would just end the agreement and not expect anything further from you. They are not known to be that easy to deal with!

fresh-air1

it wasn't welome it was yes car credit who we got the car from, and no we cant find any of the paper work at the moment we have pulled the house apart looking for it, there was a tick sheet to state there was no damage on the car by us but they didnt send us anything else? we manged to get them to take the car back as we complained about not being able to claim on their insurance that they made us take out when my husband lost his job and as the car started breaking down from the Monday we took it home and they never seemed to fix the problem, we lost out in the long run as we had paid 14 payments to them, i have tried to contact yes car credit/carcraft they have no information of this sale, i am surly some one should have contacted us before now its not like we have moved address or changed our number

jellie

Taking the car back to Yes Car Credit won't have cleared your loan with Welcome.

So unless Welcome also agreed that you could return the car and your loan would be closed, you still owe them.

eyeopener2

Write to them asking for proof that you owe anybody anything and see what comes back. Do not admit to anything.

There is a template on here somewhere, I will see if I can find it.

You will need to be tough because they will try every underhand trick in the book.

eyeopener2

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eyeopener2

Have you received a default notice?

Just send the prove it letter and see what comes back. If they start gettin persistent pop over to legal beagles or the consumer action group forums, there are plenty of very knowledgeable people dealing with stuff like this.

First port of call, the prove it letter.

eyeopener2

A ppi claim needs to be done, as you were clearly mis sold if you couldn't claim!

kittiej

Yes agree with eyeopener,

Have you had a default notice? You must find your copy and not a recently requested one as they will alter it.

The DN would have said something like you must remedy this breach within 14 days of the letter which makes it defective.

My DH has a car through WF and they sent us a DN (which was defective) and then they sent a Termination Notice on the back of this. I wrote back to them and said thank you we accept your termination notice and that they will have to go to court to recover the car, we have not heard anything since apart from one letter stating some ridiculous amount owed by a debt collection agency.

On the down side I am stuck with a car I would not normally choose but it gets me to work and back.

fresh-air1

I have sent a proof it letter this morning, no i have not received any notice of any kind from them, no correspondence at all, i will see what comes back from them, we have all our payment recorded with the bank which shows we payed over half the term and i do remember something in the contract that says we could give the car back and owe nothing if x amount of payments had been made

fresh-air1

Just an update after sending my proof it letter i have received this letter,

We are in receipt of your correspondence, at this time we are unable to resolve your query, we will be liaising with the original creditor and will contact you as soon as we receive a response within eight weeks,

Thankfully the calls have stopped in the meantime, does this mean they have realized they have defaulted the acc incorrectly and will remove this default, or is this the calm before the storm, as i have heard a lot of bad things about this company