black horse (is it a personal loan or is it a hp they dont seem to know

[1bill32]

hi this is my first posting and will hope that maybe somone out there can help me.

my daughter (either nice or foolisly) got me a car as thanks for helping her out with somthing, her and her chap were doing well at the time so i did not question it. after nearly 21/5 years they have split up and she has the little girl and they live with me and her mum. thats the history..

I have now found out the the car she gave me she took out a FIXED-SUM AGREEMENT to pay the car with, My daughter reg the car in my name and its still in my name know.

she had without my knowlage stoped paying for it and soon we recived the letters and she ownup.

BH gave her 3 things she could do,,

1, pay it all off with a small discount (we can not do that we have no money)

2, trade it down at one of there garages (we still can not pay that)

3, they would let her take out a new agreement for 5years (this meant she would now have been paying over 8 years.

we asked if we could sll the car and pay off the diferanc and they told us it was there car and we couldent sell it until we paid them, they told us they would hold off for 14 days so that we could think about it and that was on friday 5pm...on the monday morning their soloictors had taken my daughter to court with out telling us, not even a letter..

i contacted there solicitirs and they then confirmed that the loan is indeed a personal loan ans not secured on anything and not on the car..they have said she is free to sell the car and it is not showing up when it is hpi.. BH have sent us a letter saying they do not hold legal title to the car but they may request a court to gain it back.

i know this is a long thread, but can someone please help me with a couple of questions.

1, do i own the car, it was reg in my name and i have had it for over 3 years,

2 is this a persional loan or a hp agreement attached to the car.

it looks as this sorry little mess may send my daughter bankrupt as her fellow has left her with nothing... please can u help

[Dotty50]

Hi Bill,

 

Has your daughter got a copy of the agreement that she signed? If not, she needs to request it.

 

If it is a personal loan, as the solicitors state, the vehicle is not held as security so it is yours to do with as you please.

 

If it is on HP then it the car belongs to BH until the account is settled but they could take action to recover it under the terms of the agreement.

 

You say that she has been taken to court without prior warning? Strange, but it could happen, but I would be asking BH for copies of any letters. So SAR may need to be done as well.

 

Make sure she doesn't sign anything else for them!

 

Get the copy agreement and post up here for us to take a look and offer assistance

[dx100uk]

for them to 'have taken her to court' there would have been several steps, involving a 'set of letters and processes' they would have needed to have gone through. as your daughter did not receive these [for whatever reason] it will be very easy to get this case set aside.

though i pers question 'has this actually happened [can't see a solicitor lying?]'

 

pers i would contact the sol, ask what court this was and phone and check a CCJ exists just to check.

 

i expect this [again unless the sol Is lying?] to be true.

the sol will have all the paperwork, request that a copy of ALL the paperwork concerned with the case is fwded to her, inc the agreement, that will clear up the hp/pers loan issue.

 

then lets go from from there

 

something smells here.

 

 

dx

Edited March 8, 2010 by dx100uk

[1bill32]

Hi Dotty & dx10uk,

many thanks for your feedback.

because my daughter split with he hubby and moved back with us i did not know about missed payments,

when i did find out i contacted BH and that is when they gave us the suggestion of the 3 ways they wanted us to go but were addament that the car was theres until it was paid 4 in full and they said it was an hp agreement.

as i said they gave us 14 days fromthe friday (@5-00pm) to make the choice and said they would hold the account. i found out that their solicitors has applied to the court on the monday morning and issued, we recived the court documents on the thursday and that is when i called there solicitors and that is when they were very aplolijectic and they told me this was a personal loan that my daughter had taken out, they said that there was a hpi attached to it but that they would remove it if we wanted to sell it.

at the time because i did not trust them we wrote back to the court saying that she did owe the debt (because she does) and there is no CCJ registered against he and it is just liying there.

my daughter is in a right state and we are doing our best to help her out.

 

the agreement as i said says that it is a FIXED-SUM AGREEMENT we have in voice only agreed to make payments of 205 per month on the account until we decide what to do as that is the amount that they said she could refince it over for another 5 years, we have repeatdely told them that these paymnets should not lead to any assumption that this is now an implyed contract and they keep sending out warning/fine letters and photocopied agreements for her to sign.

i have already wrote to them to request a copy of the agreement and alls as they send us is 2 pages, we have asked the CAB about this and they have told me to write to them requesting the FULL agreement as they think it shuld be more than 2 pages,,,

 

i really need to know 2 things, a, is this a persnal loan or hp,,,,,and b, because the car is regisered in my name and always has been as she gave it to me who does the car belong 2..

 

sorry its so long

[Pinky69]

Could you scan and post the 2 pages you have received on to here, covering over personal details? Try Photobucket.

[1bill32]

Pinky69,

 

i will do that for u asap but my scanner is down so it with be the week end now if thats ok,,,

 

thanks..

[maroondevo52]

Good to see your threads up and running, Bill and I take it you now know how to find it

[Dotty50]

Hi Bill,

 

Will take a look when you have scanned it.

 

In the meantime please make sure your daughter DOESNOT sign anything that they send her, just concerned if she is panicking she may think it will help to get it sorted.

[1bill32]

thank all you very much for you help, i will get the agreement scaned as soon as i can, should be done for the weekend

i will make sure she does not sign anything

[postggj]

how is the agreement headed

 

hp agreement regulated by the cca 1974

or

credit agreement regulated by the cca 1974

 

loan agreement regulated by the cca 1974

 

get the idea

[1bill32]

it is

 

loan agreement regulated by the cca 1974

[1bill32]

sorry it is in full

 

FIXED-SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

[1bill32]

hi postggj

 

the agreement is a FIXED-SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

 

does that help you

 

bill

[Pinky69]

Then it is for a loan - a Hire Purchase agreement would say "Hire Purchase Agreement Regulated by the Consumer Credit Act 1974." The solicitors have already confirmed it is a loan and not secured on the car. We really need to see what they sent you to see whether or not it is enforceable.

[1bill32]

thanks Pinky69 i will get it scaned on for you, we have been told by every one including their solicitors its a ersional loan, and if that the cas seeing as she gave me the car 3 years ago then the car is mine as its been registered in my name all along. i know my daughter will have to pay the loan of eventuly or go bust because of other things he ex has left her with, but i belive that the car is mine, they can if they want go to court to try to take my car off me because it was baught with her money she borrowed, but i wonder how well that will hold up in court....what do you think???

[1bill32]

thanks Pinky69 i will get it scaned on for you, we have been told by every one including their solicitors its a ersional loan, and if that the cas seeing as she gave me the car 3 years ago then the car is mine as its been registered in my name all along. i know my daughter will have to pay the loan of eventuly or go bust because of other things he ex has left her with, but i belive that the car is mine, they can if they want go to court to try to take my car off me because it was baught with her money she borrowed, but i wonder how well that will hold up in court....what do you think???

[Dotty50]

Bill, they can't take YOUR car for a Personal loan that your daughter took out, it is irrelevant what she borrowed the money for!

 

When you have scanned the document on here you will get opinions as to whether it is enforcible or not, but the debt will remain either way. But your daughter can only afford what she can, you mention payments of £205 per month in an earlier post, this is a lot, if you say that she has nothing. Is this amount actually being paid?

[Pinky69]

They cannot take your car from you and it is the lender - Black Horse - who would have to take your daughter to court, not the car company.

[1bill32]

hi,

regarding the £205 payments,well i have been paying this, and regarding the car company the car was purchased from the garage and there is no car company involved only blabckhorse who have said that they have an interest in the car but do not hold legal title to it however they say they can apply to the curts to get it back. i will also scan this letter in as well.

Black horses solicitors were the ones that told me this was a personal loan. i dont think they even know what type of agreement it is?

[Pinky69]

They will know what type of agreement it is alright. When I said car company, I was referring to whoever sold the car - as it is, it is a single trader. If the agreement is enforceable - and we haven't seen it yet - then Blackhorse can ask for repayment of the loan but what your daughter did with the money is none of their business and they cannot ask for a car to meet the debt anymore than they can ask for any other goods. I suspect this was just to put pressure on you to pay.

[1bill32]

hi this is the agreement attached, there is only 2 pages that they have sent, and no matter how many times we ask they will only send page 1 or page2 or both and are trying to say this is it.

 

i hope this helps

[Pinky69]

Sorry, too small to read. Try Photobucket.

[1bill32]

what is photobucket?

[Pinky69]

It is a site for uploading documents. You will find it if you Google.

[1bill32]

if i add stuff through photbucket does that then not alow you to look at the other stuff i save as well???