HELP!! Can they really chase me for this??

missieB

Hi, I was reading a thread about this some time ago, but just can't find it. Please, if there's any suggestions, I would be most grateful: (sorry for the long post)

Many years ago we bought a car through welcome finance. We struggled with the ridiculous payments, and after 2 years voluntarily returned the car to them. (They collected it from me).

I am now being chased by HFO services (yes, stupid me, I did ring them when I got the card through the door, AND I gave them my phone number).

They sent a letter saying I owe over £8500 !!! I sent a letter back saying obviously it had been an admin error from Welcome, I don't owe them any money, the car was returned (in better condition than when I bought it)having paid the min amount as stated on the agreement, therefore, there was no debt.

I have now had several phone calls stating that I have to prove I don't owe them the money. I said, er no, surely you have to prove that I do. She said they'd got my letter, and that the car had nothing to do with the loan, and that is what they were chasing. Of course it is, it's everything to do with the loan, and as it was returned, the loan was terminated.

The last lady I spoke to said she'd tried to put it to their "queries" department but they wouldn't allow it, so if i can't prove I don't owe the money, then they'll have "no choice but to pass it on". I told her I didn't want to discuss this matter over the phone and they would have to put it in writing to me, and she said "well, I'm telling you now, you won't be getting anything from us in writing, you need to send us a letter from Welcome to say the car was collected and the agreement terminated, and that's all I phoned to say"

I'm so angry, these people are SO rude the next time they ring I'm going to say bluntly that I will NOT discuss it over the phone and they will HAVE to write to me, then I'll hang up!

Not really sure what to do now, do I just sit back and wait for the "passing it on" ??? We've worked so hard over the last 4 years to clear our old debts and get a good credit rating, I would just be gutted if they took me to Court, what should I do??

RAS

Hi

There are some things we need to know.

When did you take out the finance?

Was it a loan or hire purchase?

Have you got any paperwork?

missieB

RAS wrote: »

Hi

There are some things we need to know.

When did you take out the finance? April 2002

Was it a loan or hire purchase? It says "Hire Purchase Agreement"

Have you got any paperwork?

I have a copy of the original agreement, and a copy of a letter from welcome saying "you can't terminate the agreement because we already did due to your arrears"!! I don't have anything to say they had the car back!

~Beanie~

Did you get a receipt or something similar when they took the car from you?

EDIT: Oops - sorry, just read your last post properly.

missieB

~Beanie~ wrote: »

Did you get a receipt or something similar when they took the car from you?

No - how stupid was I ????

peb

Had you paid over 50% of the total amount due? If so you owed only arrears, if not then you would have owed the balance between what you had paid and the full amount. Can you supply evidence as to how much you had paid - by way of statement etc?

GeorgeUK

Can you tell us when the last payment you made towards the loan was - or acknowledged the debt in writing?

missieB

GeorgeUK wrote: »

Can you tell us when the last payment you made towards the loan was - or acknowledged the debt in writing?

September 2004 I wrote to try and voluntarily terminate it. It must have been shortly after this they collected the car.

Peb: No, I have no evidence of payments (made them through long since forgotten bank account and credit card)

peb

Can you work out roughly what you paid - ie £200.00 per month from April 2002 to September 2004 (if you were still making payments) and use that as a basis to see if you may have paid 50% or more?

missieB

I've just found a default notice which says: Total amount you have paid by the date of the giving of this notice £5724.40. It also says: Total amount payable under agreement £13066.56 !!!!

BUT

The original contract says: Total amount payable £9307, if you end this agreement . . . . we will be entitled to the return of the goods . . . and to half the total amount payable under the agreement, that is £4655.96
This is the agreement I signed.

PS: The actual cost of the car was £5050, plus we had it completely resprayed and repaired the ripped carpets which it was supplied with!!! Some companies just take advantage of people in desperate situations, makes my blood boil.

peb

I think that they've added charges on which means you have not repaid the 50% and thus could not "hand" the goods (car) back. Bum! Under the original agreement you had paid half I'm sorry; I'm now out of my depth. It may be worht seeing if you can find a free half hour with a local solicitor - I do conveyancing and my consumer law is rusty.