Thread: Pinny247 V Black Horse Car HP

I would also like to add BH paid a commision to the broker which was not disclosed to me by BH and I am not sure if they incorporated this into the hire purchases charges. The broker let this info slip.

The agreement was taken out mid April 2007 so also not sure if I can challenge the enforceability due to it not being prior to 2007?

Welcome Pinney, may I just ask why you think the figures are wrong.

Suzie

Is this agreement enforceable?

hi Pinney,

Sorry I havent been back to you sooner. I am having major issued with Black Horse finance at the moment and they have issued a claim against me for possession of the car.

That aside, the reasona I ask about the figures is because I have been told that mine are wrong but trying to provie it is becoming increasingly difficult.

The two charges you mention are £145.00 is an acceptance fee and the £75 is a purchase fee which they tag onto the last payment.

These can be included into the total charge for credit but they cannot add interest to them, which by all accounts they may well have done with mine.

Is there anyway you can post up a copy of your agreement minus any personal details?

Suzie

The broker has confirmed to me that a commission of £450 was paid to him by Black Horse I believe this to be a hidden commision. The agreement was taken out around the 17th April 2007.

Could someone please comment as to whether or not I have a claim for unenforceabilty due to hidden commisions?

Thanks

I suspect that they have charged interest on the Credit Facility Fee part A:

As you can see part B and the purchase fee are paid off in the last payment (£239.99 + £70 + £10 = 319.99). The Part A sum isn't accounted for. There are a few ways you could confirm this - you might try to find one of these companies that will audit agreements and ask specifically about that point, you could try to work it out yourself, or you could tell Black Horse that that's what you think they've done. If they have charged interest on it they may think twice about lying about it.

What Et Contra has said is probably right. I am going through court action with Black Horse at the moment and one of the reasons is exactly that. They have charged interest on an acceptance fee which is a no no. I used an online loan calculator to confirm this.

If in you case they have done this, you have them!!.

Suzie