Thread: Black Horse Car Loan

1/ Yes.

2/ Deal with it once you have the agreement as it depends on what this states. Black Horse have 2 sets of t&c's depending on the type of loan.

Black Horse have got back to me today. They sent a letter that said the following:

Agreement No: xxxxxxxx

Dear Mr XXX

I enclose a copy of your credit agreement as requested.

Should you have any further queries please telephone us on the number given above, or alternatively contact the Custumer Accounting Department in writing ensuring you quote your full number as stated above

I trust this is satisfactory, thanks but not really - see below!

Your Sincerly,

XXXXXXXX



The letter was not dated however I have retained the envelope. Is this deliberate?

They have sent me a copy of the first page (page 1 of 2) of the credit agreement however some things don't seem right with me.

Firstly although this is a signed copy it seems they were trying to hide something with the previous faxed page they sent me where my signature was covered up. The bottom of the page shows that the document was faxed to Black Horse in December 2004. Is it ok to do this or should they be able to copy the original document?

They have not included the terms and conditions (page 2 of 2). Page 1 of the credit agreement even states that terms and conditions are on page 2. I was under the impression that they had to send the whole agrrement for a CCA request. Also although I can't remember don't you usually sign all pages of any agreement?

My question is where do I go now? Are they still in the original 14 day period until they send my terms and conditions? If so should I write to them and let them know or should I just wait for the 14 days and calender month to expire and then let them know? Or should I phone them as invited to?

As to the status of the car on the HPI list things are no clearer to me as they have not sent the terms and conditions, however the top of the page does say:

Plan:PERSONAL LOAN Scheme number XXX

Does this mean it shouldn't be on the HPI list as I have a personal loan agreement with Black Horse?

Again thank you in advance for any help with this.

Josh

I have a copy of these terms and conditions at home, will report back tonight.

Sorry Josh,

Something came up last night. Will try and get a brief letter drafted for you today.

It's a little rough around the edges but it serves the purpose.

[Your Address]

[Their Address}

[Date]
[Account Number}
[Registration Number]

Dear Sir/Madam,

I recently wrote to you requesting certain documents under Section 77(1) and 78(1) of the Consumer Credit Act 1974.

Thank you for your reply, dated, xx/xx/xxxx.

Unfortunately, you have yet to provide me with a full copy of the executed agreement as per my request. I have yet to receive the associated terms and conditions which apply to my account and as such you are now in default of my request dated xx/xx/xxxx. (only if they are in default i.e. 12 working days from when you sent your original request))Kindly rectify this situation by providing the following:-

1/ A copy of the executed agreement, including any of the terms & conditions pertaining to that agreement.

2/ A statement of account.

Further, it is noted that the agreement is described as a 'Personal Loan Agreement'. However, this type of transaction is described by The Consumer Credit Act 1974 (S11-1(b) and S12(b)) as a 'Restricted Use Credit Agreement' and consequently you have no financial interest in the above vehicle. As such, kindly remove your interest from the HPI database within the next 14 days.

If indeed you do claim a financial interest then the agreement is a 'Hire Purchase' agreement, (as defined by S189 of The Consumer Credit Act 1974), and is subject to provisions made under the act, including rights of cancellation and I wish to exercise those rights.

Please reply within the next 14 days stating either:-

That the agreement is a Restricted Use Credit Agreement and you will remove your interest from the HPI register.

Or

That the agreement is a Hire Purchase agreement and you accept this notice of cancellation.

Yours Faithfully,

Any news on this?