Black Horse Finance - Car Loan

[Mumofthreeboys]

We have a car loan with Black Horse Finance, it has about another 18 months or so to run. To date we have paid £10k odd and the outstanding balance is £5k odd.

We haven't been able to make any payments for a while and I wrote to them to explain about DH losing his job and that we were claiming back all our bank charges and when we got them we would pay the arrears off the car and could they do anything to help in the meantime. They didn't write back either time I wrote to them.

Then we contacted CCCS and they said that because the car's on HP that makes it a primary rather than a secondary debt and we have to try and make payments on it. The advisor asked if they had written to us. I told the advisor that I had written to Black Horse about reclaiming our bank charges, but they hadn't written back. She said that maybe they hadn't written back because we had paid over 50% they were maybe prepared to wait for the charges to be repaid so we could pay them.

Anyway, now we're getting letters from Close Assistance about the car. They say in their letters that under no circumstances are we to contact Black Horse, we must only deal with Close Assistance. Another letter arrived saying they had confirmed DH's address (the loan's in his name, but the car's in mine) and they would be coming to repossess the car.

DH phoned them (because we were told this is a primary debt) and he was told that we need debt counselling with them and made an appointment for 5th September.

Next a little card came through the post, with just our address and on the back said please phone this number as a matter or urgency. We didn't call it because DH had spoken to them the day before. Then our neighbour comes round. He got a card from them too and he phoned the number and was asked to confirm whether he was DH, which he isn't. They apologised for the inconvenience.

Sorry, this is long. I think Close Assistance are DCA's rather than Bailiffs, but I'm really not sure where we go from here. Black Horse have not written to say they are selling the debt.

I'm wonder whether the appointment on 5th September is so we let them in and then they have a walking possession order.

Some advice would be greatly appreciated MOTB xxx

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[Darwin]

Originally Posted by Mumofthreeboys

We have a car loan with Black Horse Finance, it has about another 18 months or so to run. To date we have paid £10k odd and the outstanding balance is £5k odd.

We haven't been able to make any payments for a while and I wrote to them to explain about DH losing his job and that we were claiming back all our bank charges and when we got them we would pay the arrears off the car and could they do anything to help in the meantime. They didn't write back either time I wrote to them.

Then we contacted CCCS and they said that because the car's on HP that makes it a primary rather than a secondary debt and we have to try and make payments on it. The advisor asked if they had written to us. I told the advisor that I had written to Black Horse about reclaiming our bank charges, but they hadn't written back. She said that maybe they hadn't written back because we had paid over 50% they were maybe prepared to wait for the charges to be repaid so we could pay them.

Anyway, now we're getting letters from Close Assistance about the car. They say in their letters that under no circumstances are we to contact Black Horse, we must only deal with Close Assistance. Another letter arrived saying they had confirmed DH's address (the loan's in his name, but the car's in mine) and they would be coming to repossess the car.

DH phoned them (because we were told this is a primary debt) and he was told that we need debt counselling with them and made an appointment for 5th September.

Next a little card came through the post, with just our address and on the back said please phone this number as a matter or urgency. We didn't call it because DH had spoken to them the day before. Then our neighbour comes round. He got a card from them too and he phoned the number and was asked to confirm whether he was DH, which he isn't. They apologised for the inconvenience.

Sorry, this is long. I think Close Assistance are DCA's rather than Bailiffs, but I'm really not sure where we go from here. Black Horse have not written to say they are selling the debt.

I'm wonder whether the appointment on 5th September is so we let them in and then they have a walking possession order.

Some advice would be greatly appreciated MOTB xxx

Contact Black Horse and ask about their debt management program , they reduced my payments from £350.00 to £200.00 this was enough to make my life easier , also I was under the impression that they would not reposess a car that you have made over 50% of the payments ? , even though they have said not too , I would speak to black horse , as a stalling tactic you could always ask for a CCA from Close assistance and a full statement of account from black horse.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[sequenci]

if you have paid more than 1/3 of the agreeement, they cannot repossess the car without a court order. if they do then they will have to refund you all your money.

can i ask, has a default notice been served at all?

[Mumofthreeboys]

Originally Posted by sequenci

if you have paid more than 1/3 of the agreeement, they cannot repossess the car without a court order. if they do then they will have to refund you all your money.

can i ask, has a default notice been served at all?

Thanks sequenci, yes a default notice was sent, but I wrote to them and explained the problems and asked if they could help - they didn't reply.

[sequenci]

are you wanting to keep the vehicle?

you could apply via the courts for a time order to reduce your monthly payments.

[jo5ephedward5]

Is it defo a HP agrement - i thought mine was untill i tried to sell it, turned out to be a Personal Loan that they then stuck on the HPI register - i'm just about to start fighting the to remove it!

[Mumofthreeboys]

Originally Posted by sequenci

are you wanting to keep the vehicle?

you could apply via the courts for a time order to reduce your monthly payments.

Defo want to keep it

[Mumofthreeboys]

Originally Posted by jo5ephedward5

Is it defo a HP agrement - i thought mine was untill i tried to sell it, turned out to be a Personal Loan that they then stuck on the HPI register - i'm just about to start fighting the to remove it!

Well it says HP on the agreement .....

They know they can not take the car so do not worry so much. But there is no harm in telling them this.

[Mumofthreeboys]

Originally Posted by Zooman

They know they can not take the car so do not worry so much. But there is no harm in telling them this.

cheers Ash xxx

[Mumofthreeboys]

Should I write to Close Assistance and tell them we're cancelling the appointment in September - or is it OK to let them in???

it is fine to let them in it is all bluff.

[froggy]

Hello
Dont cancel the advisor apointment. When the advisor comes he will either a) want to sort payments b) you to sign the car away to be sold at auction (this is never a good idea as they will be a short fall)

I dont want to say too much but if you send me a pm about this i can help you further

Also Close assistance is owner by Close Brothers and is located in the same building as close credit managemnet and cash collection agency

	Win more cheaply on eBay - ConsumerSniper FREE bids offer When you bid on eBay you drive the price up. Why not be a sniper? Wait in the background and let ConsumerSniper place your winning bid for you at the very last moment. Follow this link and take advantage of ConsumerSniper unlimited free bids. ConsumerSniper is in Beta and is totally free to use until its full release. It help the Consumer Action Group if you use this service for your auction bidding

[caro]

The way this forum works is by open communication and sharing information. If there are details that you wish to keep confidential then just leave them out of your post. That way others can benefit from the advice as well. Additionally others may be able to add to advice offered privately, and possibly more importantly correct it if wrong. I would advise in the strongest terms against members dealing with matters privately using PM's.

[Mumofthreeboys]

Well he's been - and I was in a really bad mood, so he got short shrift!!!

The outstanding arrears are £2000 odd and he started off saying he wanted a cheque for that amont. I think he got the message when I started laughing!!

Then he said Black Horse would never go for spreading the arrears over 6 months (which would be payments of £600 per month) and he wasn't authorised to do that anyway. We said that's fine, cos we can't afford it anyway.

[Mumofthreeboys]

Sorry it's in 2 halves, computer's playing up!!

Then he said Black Horse would never go for spreading the arrears over 12 months (payments of £469 odd). I said 'well it's that or nothing'. After he tried his hardest to persuade us to let them repossess the car (which he said would be in a week) - he agreed to spread the payments over 12 months!! I'm not sure how the repossession would work anyway, as the agreement's in DH's name, but the car is registered to me!!!

Any thoughts???

[jo5ephedward5]

DH owns it and your the registered keeper - dont think that would make a differenct to them taking back the car - having said that would they write off the arreas if the took it...almost worth thinking about?

I'm not a fan of black horse - i wish they would replay to my letters!!

[Mumofthreeboys]

Thanks for your help, but I don't want to let the car go as we've paid too much already. I'm not their biggest fan either funnily enough

And he said we'd still be liable for the outstanding money, so there doesn't seem any point.

[jo5ephedward5]

yeah if still liable then defo no point...hope you sort it out.

[Mumofthreeboys]

Thanks for your help