Welcome Finance Multiple HP and Credit Agreement

[crazyman]

Hi all.

I have a little issue that I am struggling to find answers for. I have uploaded my agreements but have removed some personal info.

It seems that this agreement is a multiple agreement consisting of both the HP and a credit agreement for the insurance (which i have been trying to cancel within there T&C's)

I want to check that all the prescribed terms are correctly displayed and laid out in the agreement. I have read through your guide on this forum and at first glance, they do appear to be there, however they are combined. But it does not tell me what the repayments are for each the HP and Insurances, but they did ask me to sign both the boxes. You may also notice that it hasn't been signed by the lender.

If this agreement fulfilling the requirements under the CCA in doing it this way? I can find any examples of what is right or wrong.

Your help is much appreciated.

[Never-In-Doubt]

Re: Welcome Finance Multiple HP and Credit Agreement

I've asked Andrew (solicitor) to pop in and see if he can help with your questions.... Good luck

[ATW]

Re: Welcome Finance Multiple HP and Credit Agreement

Its quite fuzzy to read but did they give you only £1 part ex for your old car? It all seems to be set out properly from an initial quick look. The cost of both parts is there and the charges for both parts and then a summary of both added together is there.

Is there any suggestion that the insurance was a condition of the contract? Was there any problem with the car?

I cant read it very well but do the payments tot up to what is owed? It looks a touch short to me but i may be getting the numbers wrong.

Are you just trying to cancel the insurance or is this a defence to a claim brought against you that are looking for?

[crazyman]

Re: Welcome Finance Multiple HP and Credit Agreement

Hi all. thanks for your replies.

The whole thing got into dispute a long time back. I heard welcome had got into trouble, so i did some digging of paperwork to ensure I had everything i needed in case there was a problem.

I was told they gave me £1000 for my old car, never saw an invoice for the vehicle, never saw the true cost. they went off what I could afford to repay each month then showed me a few cars.

I was forced/coerced/pressured (wish I had took the ppi now) to take the insurances and from the brief explanation I got about them, it sounded a good idea. However when I went collate my documents, I never had the insurance documents sent to me.

I spoke to welcome and they put me in touch with the company/broker who arranged the insurances. I was horrified to learn that I was taken for a ride. 2 years cover for mechanical breakdown being paid for over 4 years!!!

Hence I then wrote to welcome to cancel both insurances as per their t&c's which stated I had the right to cancel within 30 days of either signing up or receiving the documents, whichever was the later. So I was totally within my rights to do so. Okay it was just shy of 2 years later, but so what.

I have in writing that welcome offered to rewrite the agreement if I popped along to a local office but had to contact them for an appointment. I couldnt get through, no one was answering the phone and this was around the time they were shutting offices and laying off staff in huge numbers.

I wrote back to the head office requesting they post it to me, but heard nothing back.

Now I have received court form to go to court from a firm of solicitors. As usual bumped up the value owed with unlawful charges, statutory interest of 8% etc.. and have ignore my request for refund of insurances.

I did offer a full and final settlement (£2k) of about 1/4 of the value which worked out just shy of about 1/2 of what the actual amount owed should be in my opinion, but this was rejected. Considering welcome are desperate for money I thought they would take it.

I don't mind paying what is owed, but it has to be the correct amount so I want to arm myself with as much info/knowledge so I can send it off to the courts before the hearing.

oh and the default notice I received was one of those that just said "within 14 days" no dates.

As far as i'm concerned, it is still in dispute.

Cheers.

[crazyman]

Re: Welcome Finance Multiple HP and Credit Agreement

oh and the car is fine. still running today. but funnily enough there is nothing showing owed on a recent HPI check via autotrader (experian) and nothing on my credit file (experian) with welcome.

[PlanB]

Re: Welcome Finance Multiple HP and Credit Agreement

Now I have received court form to go to court from a firm of solicitors.

. . . . I don't mind paying what is owed, but it has to be the correct amount so I want to arm myself with as much info/knowledge so I can send it off to the courts before the hearing.

If you have received a summons from the county court that needs to be dealt with asap. What is the date on the summons and when did you receive it? You will have to submit an Acknowledgement of Service within 14 days of service stating that you intend to defend. This will give you a further 14 days to file your defence. Once proceedings have been issued the argument moves away from the two of you into the court system.

Please email a copy of your Particulars of Claim (page 1 of your summons) to Niddy. Don't blank anything out because only he will see it so it's totally secure. Maybe add a copy of that credit agreement in post #1 at the same time so that both Niddy and Andrew can take a closer look at it without the fuzziness issues.

What you need to avoid is the claimant getting a sneaky default judgment (CCJ) because you missed the court deadline regardless of whether the money is owed or not.

[PlanB]

Re: Welcome Finance Multiple HP and Credit Agreement

is this a defence to a claim brought against you that are looking for?

It looks like proceedings have already been issued.

Now I have received court form to go to court from a firm of solicitors

[crazyman]

Re: Welcome Finance Multiple HP and Credit Agreement

The summons was received in January this year. I responded online, completed a for re the out of court adjudication to see if that would help and indicated I would rather settle out of court as it is still in dispute.

I have submitted my intentions to defend and now have to submit my paperwork to both the courts and the solicitors at least 10 days before due date. Date is end of this month so only few days left to send off the info. I am thinking/hoping there is an option to have the case suspended for the time being once they have review my paperwork if I can prove it is still in dispute. This is why I asked my original question as I cant find anything to that helps regarding unenforceability so maybe when I send my paperwork in, they will see it is still in dispute and should not yet be at this stage and put it back in welcomes hands like it always has been. seems i'm being penalised when it is welcome that aren't doing their part.

[PlanB]

Re: Welcome Finance Multiple HP and Credit Agreement

Okay that all makes sense. You've ticked all the right boxes to give yourself time to sort this.

AAD will be offline tonight from 10 pm until around 6 am tomorrow morning for upgrading so please don't worry if you don't get an instant response.

Get the paperwork to Niddy and then wait for his response

[Deepie]

Re: Welcome Finance Multiple HP and Credit Agreement

Send it here---> agreements@all-about-debt.co.uk

[crazyman]

Re: Welcome Finance Multiple HP and Credit Agreement

will see what i can do. wont be tonight as signing off now.

many thanks.

[PlanB]

Re: Welcome Finance Multiple HP and Credit Agreement

I was forced/coerced/pressured (wish I had took the ppi now) to take the insurances and from the brief explanation I got about them, it sounded a good idea.

. . . put me in touch with the company/broker who arranged the insurances. I was horrified to learn that I was taken for a ride. 2 years cover for mechanical breakdown being paid for over 4 years!!!

Hence I then wrote to welcome to cancel both insurances

.. and have ignore my request for refund of insurances.

I don't see why you would have needed two years mechanical breakdown because surely the Sale of Goods Act would have covered you for at least the first year and possibly longer. If this was a new vehicle it may still have been under the manufacturer's warranty in any event.

What was the second insurance policy for (sorry but I can't read those fuzzy documents) ?

[ATW]

Re: Welcome Finance Multiple HP and Credit Agreement

When you say you want it putting back in welcomes hands who is the claimant on the claim form at the mo? Showing that there is a dispute won't get it out of court. What is the date of issue on the claim form and is it from the Northampton (CCBC) County Court? When the £2k offer was rejected did they make a counter offer?

[crazyman]

Re: Welcome Finance Multiple HP and Credit Agreement

the claimant is Welcome Financial Services Ltd Kingston House and yes, from Northampton (CCBC) Court. Solicitors are Hegarty LLP in Peterborough

No they didn't make a counter offer, they just did not accept my defence/part admission and asked for it to go to trial.

[crazyman]

Re: Welcome Finance Multiple HP and Credit Agreement

although having checked some paperwork, Hegarty LLP were on the original claim form, IND Ltd seem to be involved as well.