Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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An ex-boyfriend of mine conned me into taking out a credit agreement from BlackHorse finance to purchase a car.
I went to the car dealership and the assistant assured us that 'yes' the agreement would be in my name but after a month the agreement could be tranfserred to my ex's name. He picked up the car from the dealership the next day (as i couldnt drive at the time and didnt have a drivers license). Two months passed and i assumed he was making the monthly £186.77 payment. He wasnt. I received a default notice from BlackHorse and immediately paid it sure that i would get the money back from my boyfriend. He left me the next day taking the car with him. I never saw him again. I called BlackHorse who didnt care so i began making monthly payments of £186.77 at 19yrs old whilst full time in University with only a weekend job. A year later and after numerous parking fines which he had racked up i called the police and told them my ex had stolen my car. They got it back for me and i sold it. I called BlackHorse telling them i'd sold it, they demanded immediate payment of the remaining amount outstanding and so i retreated saying that i was merely thinking of selling it.
Now 5yrs on i am still paying £186.77p/mnth for a car which i never had use of which was sold long ago. I'm now 5months pregnant and cannot afford the amount any longer. I told BlackHorse that i cant pay today and they told me they'd repossess the car. However, they dont know its not in my possession.
What can i do? Can they reposess the car from its new owner? In one way i want them to reposess it but know that it will be taken from the person i sold it to which would not be fair and I'd still be left with the remaining amount to pay. I've asked them could they re-loan me the outstanding amount i owe under a smaller monthly payment but they refuse - no one will give me a loan because of the default notices served by BlackHorse in the past.
Please, any suggestions...I know i've been silly so please dont state the obvious i need some advice - please?
What can i do? Can they reposess the car from its new owner?
If the car is on a HP agreement then the car belongs to the finance company until such time it is paid for. As you no longer have the car you cannot hand it back to them with no consequences so yes they will reposess from the new owners. (Really they should have done a HP check before parting with their cash to stop such things) However if it doesnt have HP and your agreement is say conditional sale or a personal loan from Black Horse then no they cannot reposess the car as they loaned you the money.
Someone else will give you advice on how to avoid getting another default as I am not to sure on that process
The car is not on a HP Agreement, its a personal loan for a car. I am sure when the baby comes that i will no longer be able to afford the £186.77 a month - will BlackHorse then attempt to take me to court and reposess my goods in my home - i'm so worried about this?
If i have no income (as i wont be working but on maternitiy leave) aren't BlackHorse obliged to offer me a replayment plan?
Well if it is a personal loan then they cant reposess the car no as it is an unsecured debt.
I would write to them send it recorded and ask to reduce the payments to something affordable. I would also mention that anything further needs to be in writing.
I am sure I have read somewhere on this site about being pregnant and that debt collectors are not allowed to chase for money, Statue Law - not 100% sure on that one though
I am in full time work now but in four months will not be working - I will write to BlackHorse first to see if they can reduce my payments when the baby is born or before. If they say No as they have done verbally in the past. I will then wait till the baby is born when i have no income and speak to the National Debtline - actually i'll call National Debtline today just to run over my situation to see what i can do.
I was saddened by your story,how someone(the ex) can do this is beyond me.My daughter was in a similar situation not a loan but a whole heap of debt boyfriend moved in he agreed to pay halves on rent etc.Got bt to connect phone had sky tv installed he never paid anything she was trying to keep it all going with two jobs she ended up off work with a broken shoulder for 3 months,and no pay, suffered depression and now they are all chasing her for the payments, she had to give up her house as she was in arrears with everything, she has returned home and I am trying to help her. I would contact National Debt Line see what they can do.I am sure there will be a way to sort this mess out,and I am sure you don't need the extra hassle at the moment. It is easy to be conned by someone you was close to so don't be so hard on yourself, someone will come along that can be of help to you, I just wanted to give you a bit of support.Hope every thing turns out okay I am sure it will.Chin up and let us know how you get on.
Its now a year and some after I orig posted this - I now have a son 13mnths old and Blackhorse have agreed to 'reloan' me the remainder of the amount I owe (circa £3000k) over another 5yr term. I know it was prob a dumb move to 'elongate' the debt but I really dont have the amounts they were wanting (£186.77). I am to pay over and above the new monthly amount (£55.90) when I can which should speed up repaying the debt I owe, another 5yrs is a long time but at least I wont have to worry about them harrassing me.
Congrats on the little one...although not quite little anymore eh?
Sounds like you got a deal in a way...shame you're paying for something you never had nor never will if that makes sense
Main thing is payments are down and little one has a roof over his head!
When your son is grown up, make sure you let him know what happened...he'll go beat the ex up and get you the money back with interest :0)
BlackHorse credit agreement - conned by an ex
the car. However, they dont know its not in my possession.
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