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
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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.
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.
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?
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.
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!
People who haven't made mistakes, haven't made anything!
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!
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
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.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
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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.
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!!!
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!!
People who haven't made mistakes, haven't made anything!
Black Horse Finance - Car Loan
the car.
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Originally Posted by Mumofthreeboys
