Hi, I purchased a Hyundai i20 classic as a pre-registered vehicle (61) Plate in Jan 2012 the car had 36 miles on the clock. After a few weeks I noticed a paint blister on the bonnet, I took it back to the dealer and they said they would log a claim with Hyundai for a paint claim. I heard nothing after a month, the weather brightened up and gave the car a good clean and polish and noticed more and more body work issues that had been patched up..! The boot had a different shade of grey under the wiper blade about 65cms long The Tailgate had laquer runs on the leading edge of the boot The rear quarter was a different shade of grey The drivers door has been filled around the door handle (poorly) I had the car inspected by the Hyundai dealerships bodyshop and there report was a follows High Paint Depths of 130-170 on the upper tailgate, where the rest of the car is 80-105. Signs of masking on the N/S quarter panel Paint colour differnce around the rear screen Contamination of the paint on the upper N/S quarter panel N/S/F door appears to have some scratches or rubbing down marks under the laquer around the door handle The bonnet has contamination in the paint under the laquer on the O/S The rear lamps do not appear to be aligned correctly Their closing comments were The defects suggest that the vehicle has had repair work carried out to the tailgate, bonnet, N/S/F door and N/S/R Quater panel. The also believe the car has had a rear screen as the surround is slightly bent. I have contacted the dealer, hyundai and also the finance company - all intent on giving me the run around. Hyundai - say it got to go the the paint warranty dept this could take 2 weeks Hyundai Finance (Santender) say you need to follow our complaints proceedure and we have 8 weeks to resolve your problem...sir) Hyundai dealer - takes days to return my calls (although I said I no longer want the car and would like to do an exhange for an IX35 my phone doesn't stop ringing now, but when I want something they are "always busy" So I am stuck really I no longer want this car, if i wanted a Cat D or C i20 I would of bought one! So far I think Hyundai will pay for the repairs but the car will look awful having the boot and the quater done missing out the rear door, painting the front door, missing out the wing and then painting the bonnet! I spoke to the dealer they offered me £6k for the car in exhange for an IX35 (bearing in mind the car was £10k 2 months ago!!!! I am sick and tired of Hyundai and their lack lustre service and now want to go down the legal route to either have the full value refunded, a new car or betterment, or the full value discounted against a new IX35. But I DO NOT WANT THE CAR PAINTED as it will effect the value (so if this is the only option what can I expect in the way of compensation in deminished vlaue of the repaired vehicle) My daughter sits on the side of the car that has been repaired and I am not confident of the work that has been carried out or what other damage paint work or structuaral is still on the car I have not noticed yet! So any help with regards to the above options would be a massive help!!!

Hi, Its on a N244 form and the verbatim is Pursuant to the provisions of part 3.5(2) of the CPR the defendant seeks and order for the costs against the claimant followinf the claimants failure to comply with the terms of the order of the 12th of september (there was an extension given until the 26th September). Is this now too late to set aside via the correct process I had acknowledged their claim and wanted to defend I wrote to the court asking for this to be set aside (as i am not legally minded/trained I did not know the correct process so just wrote to the court) the hearing on the 1st is for their claim for the £857.00 or what is the next steps as this was sent 1st of November so only a few days after the 26th September.

Hi, I had wrote to the court asking for it to be set aside, but have heard nothing back from the court. The hearing is the 1st December and is for £850. What I have done so far is 1. asked for a breakdown of the cost so that I can have them audited 2. asked for a genuine breakdown/diary of the partner to prove that they had carried out the work 3. asked for a copy of the paid invoice from Santander to the solicitors to prove its a genuine loss The claim form with the costs are listed as "estimate" and as of yet they have sent me nothing whatsoever to substantiate their costs or the work carried out! I have the recorded postage proof to state that the allocation questionaire was sent 6 days before the due date but was recieved 8 days later (2 days after the due date) So I dont know where I stand as it looks like it has sat on someones desk in the court for a week and now has left me with this isssue! They have listed the hearing as 10 mins! Any help would be greatly receieved

Hi,Started the process of taking Santander to court for PPI it got to the allocation questionaire but it stalled.I had a letter back from the court stating my claim had been struck out as I had not filed the question questionaire in time.The letter was sent recorded delivery and I have the receipt for this also ad was posted 6 days pre the date it needed to be filed.A few weeks ago I had a court claim come through from Santander's solicitors requesting the costs of £800 odd due to "wasted costs"I have a court date next week so I am wondering about the best way to defend this as I had posted this in good time and as such should of not been struck out as there was either a failing with the court or the postal service so I am trying to work outwhere I legally standThanks

Any Ideas....?

Hi,I had a vehicle with Welcome finance back in 2004 they have refunded the PPI, the issue is that when I terminated the PPIthey hadn't cancelled it. I had £2175 left on the car but for personal reasons I had to hand the car back, out of the £2175it was broken down as follows (i have now found this out after a SAR) £1434 was goods and £711 was PPI to be honest I couldof borrowed the money to pay £1434 to pay off the car and then sell it on.The car was auctioned and sold for £2606, The finance company made a profit on the vehicle of £1141 so I have asked them for a refund of the profit as on my statement its showing as "in credit" as the vehicle element £1434 would of been settled.I have wrote them about 3 letters asking for a refund of this as if there was no PPI on my loan I would of not had to VT the vehicle and if they had cancelled as per my request (which is in my SAR) then I would of been able to settle the vehicle.Any advice before I take legal action to recover this, or advice on how to...?Thanks

Hi CitizenB, Thanks for taking the time to reply ill definitly do the CPR rule as I am still waiting for the deed of ownership of the debt to respond to their counterclaim for the full amount of the debt. Can I do this under CPR18 also as I need this to defend myself as they have not proved that they own the debt. Can CPR be done as its already been allocated to track? Thanks

Ok, checked my DPA dump and found internal notes from Black Horse stating that they had to issue another defualt notice in 2004 (the one above) as the one from 2003 had expired...?This was issued for 6 months and I had not rectified the issue either?Also in April 2004 I had a termination notice so surely this would of triggered the defualt as well....?The counter claim said that I defualted in 31st Jan 2010 (no default served) the paper work from Hillesden states the 18th Jan 2010 and no where does it state this on the Black Horse Records!No default ever received an the 18th would of been 6 years to the day that the default was raised in 2004 (20th Jan 2004).So i think im building a good case as more stuff keeps coming out of the woodwork!Any further help woudl be greatly appriciated!

No default was ever entered onto my file, I have confirmed this with Black Horse although I would like to get a backdated credit report (if there is such a thing)!

Ok,Interesting, I have checked my other default notice which was registered on the 20th Jan 2004 and Hillseden have stated that the default occured on the 18th Jan 2010 hencestill believing the default can be used (or this is what Imagine) funny how they would of defaulted it 2 days before it was due to come off! But they have forgotten the 2 leap yearsin 2004 and 2008 so therefore the Default would of dropped off the same day I had defaulted to so as such would of had to issue a new default.I have also spoken to Black Horse they have stated the debt was written off in their system in April 2010 so then and only then would of processed my data to the likes of Experian etcbut never did.So I would imagine that they would of needed to issue a new default notice from April or even Jan as the old one has expired! I can find nothing in my notes from my DPA that states a defaulton the 18th Jan, but its clearly marked from a screen shot that they debt was written off in Apri.Also I have still not had any copies of the debt assignment just a flimsy "debt sale agreement" that has no relevence to my account, I have asked many times for copies under the law and propertiesact but nothing.My view is that if 2 people defaulted on the same day and one's details were processed inline with the ICO guidelines (within 6 months) and the other was processed like mine was, this creates a significant difference and an unfair relationship between the 2 debtors over the 12 year period.Views anyone....?Thanks for everyones help so farCheers

Brilliant!Thanks everyone!I stopped paying them in December 2009 as the account was in query (and Black Horse had defaulted by not supplying mewith a copy of my agreement no default was ever entered on my file. There was another default notice in Jan 2004 Hillesden then defaulted my account from Jan 10 but purchased the debt in June 2010...? They had said they purchased the debt in default and are entitled to to process the default for 6 years. Its like getting caught for speeding on 2003 and then putting points on yourlicense in 2010 with no notice.Really frustrated with thier attitude! is there any good reference points that I can use for the judge as its being held at a local smallclaims court and not sure how au fait they are with the legalities of the default system.Cheers!

Hi, Thanks for the assistance everyone, I managed to find a free uploader and have blanked out the data but left the amounts in along with dates. The agreement was taken out on the 09/04/02. I refernced Kaphoor vs Woolwich as the loss of credit. Cheers blackhorse2003defaultpg2.pdf blackhorseagmt.pdf blackhorse2003defaultpg1.pdf

I had the N1 and the counter claim, I issued a defence to the counter claim but no court bundle I asked for £1k as compensation.

I dont have adobe PDF creator ill scan and email it to myself at work tomorrow and dont have a ZIP creator either which is unfortunate!

Hi Postggj Compensation claim on the N1, court is in a month, counterclaim from Hillesden for the full amount. I have offered a without prejudice out of court settlement to settle the debt and remove the default, they accepted the offer but still wont remove the defualt so I removed the offer this was pre proceedings.

Hi, I have all of the paperwork but cant upload as I have not posted 20 posts yet...! If anyone can help around where I can find the info to back all of this up, as I know what everyone is saying is true but need to present it to the judge This was Hillesdens' solictors that were spouting this! "tell me where it says that default notice has an expiry date" and "we could issue a default notice everyday if we wanted" were his exact words in the usual attitude. Also they have not updated my credit file monthly last time it was updated was 2010 every month has a D against the payment history! And unfortunetly the ICO seem to want to sit on the fence and not offer up any real information on processing defualts etc!

Cheers! Do you know where I can find out where it states this as I have been searching for ages and want something I can show the judge as Hillesden are very much prove it! they have also issued a counterclaim for the full amount of the debt! Cheers

Still stuck on this one...............any help would be apprciated Hillesden are qouting that a default notice never expires I have spoke to ICO and they only have "guidelines" i.e defualt should be register within 6 months. The issue is that I was paying until Black Horse defaulted by not supplying me with a copy of my CCA and I have also a complaint with the FSA but this was out of their juristiction so was forwarded to the FLA. Black Horse sold this debt while in query and after doing a DPA the notes state the debt should of never been sold as it was being investigated. So im a bit stuck......court in a month! Thanks

Hi, I have an ongoing issue with Hillesden to remove a default on my account, I have instructed court action to remove. The issue is that Hillesden is stating that a default notice never expires, Black Horse issued these defaults in 2003 and 2004 but they never attached them to my credit file. Hillesden purchased the debt in 2010 and used the 2003 default to default my account from 2010 for 6 years! So if someone could help as all that seems to govern the defaults is the ICO and these are guidelines. The ICO recommended that I should state "fairness" in the court case due to the defaults would of expired if the guidelines were followed. So im a bit stuck and after advice! I have copies of the agreement in photobucket but wont let me put a link in or upload the documents either Cheers

Hi,I had an account with Black Horse back in 2009, I DPA'd them last year and they had sent me 2 default notices one in 2003 and one in 2004. The debt was sold to DLC/Hillesden in the middle of 2010 and they are still processing the default on my account and they have stated they will do for the next 6 years.I have asked them to provide me with a copy of the default notice that they have sent me but what they have produced is a copy of the default notice from 2004. This expired in Jan 2010, what DLC are saying is that the 18th Jan 2010 I was in defualt with Black Horse so are continuing with processing my data (even though the defualt expired 2 days later).I have taken court action now to ask them to remove the defaut of which they have decided to defend (of which I am confused about to be honest as this seems indefensible)So my question is if Black Horse have issued me 2 defaults on the same account can they do this as I thought you could only default an account once.If so which default notice stands does the 2nd one superceed the 1st defaultAnd can the DCA extend a default that has lapsed and even though they bought the debt 6 months after the default has lapsed?Any help would be much appriciated, as I am about to have my day in court with these jokers! Cheers

Hi and thanks for the quick responce, I had made payments to Black Horse up until the 2009, it was then sold to DLC in 2010 and made payments and never missed any. There was no mention of any default notice from DLC/Hillesden and as the old Black Horse default had ran for 6 years this is where I am quite confused. I am not in default with DLC so had can they mark an accout they have purchased that isn't in default as "defaulted" and say its almost a carry over from Black Horse and start another 6 years off but adding a completed default back on but as another company. Just a bit perplexed and the attitude from Hillesden is shocking, I have waited 6 months for them to provide a copy of the default they have put on my account and then they have the cheek to pull one out from 2004!!! Do they need to provide me with a defult from Hillesden as they are the ones that have processed my data? Just really annoyed that they can do this - (hopefully they cant) it just doesnt ring true! I am looking to take court action against them to claim back a percentage of the additonal interest (50%) (Circa £5k) that I have had to pay on the recent loan I had to take out due to their incorrect processing of my data as I have a good credit rating except for this blemish I wasn't even made aware of!!! Thanks

Let me give you a bit of background..... I was a young lad (about 22) who purchased a car for £17k (I only have myself to blame) and around 1 yr later asked for the car to be repossed as I could no longer afford the repayments. In 2004 the account was defaulted by Blackhorse.....I made payments upto Jan 2009 of circa £50 per month. I stopped payments after issuing a CCA as they had not responded within 60 days I stopped paying after 90 days of their default. The debt was sold to Hillesden in June 2010 and they have now put a default on my account as they have said the account was in default when they purchased it from Black Horse. So I have asked them for the last 6 months to provide me with a copy of my Hillesden default notice and they cant. They have told me that this is the default carried over from Black Horse some 6 years ago. They have now said to me that the default they have entered in 2010 will stay on my records for 6 years. So my questions are A) How could they issue a default in 2010 using the old black horse 2004 default notice (expired) B) My account is not in default with Hillesden so why would they add this, they have said they dont have to issue me with a copy of a default notice as I was already in default with Black Horse (2004). C) how can they now extend a 2004 expired defualt for another 6 years....? so in my eyes a 12 year default..? Any help or advise would be great as I am on the verge to take them to the small claims court as I had to take out a loan in late 2010 and (my credit history is excellent) so would of got a rate of 8.9% but after reviewing my credit file and the new defualt listed by Hillesden I had to pay 20+% and over 9k in interest. Thanks

Hi, I have recieved the SAR from Blackhorse and within this i had a letter on the 9th of March 2004 stating I owed £6747.84 then I checked the statement today from Blackhorse and on the 16th of March 2004 I had a credit of £8823.75 on the account and then £4427.48 on the 24th of March 2004 from Blackhorse and then I paid payments of £50 x 45. Not sure where I stand with getting these funds back or the remainder written off as they state i still owe £3900 as of today...? by there calculations the debt was settled on the 16th of March as I only owed £6747.84...? I am willing to take this to court if needby but what the chances of winning this...? If they had put an amount owing of £6474.84 in a letter to me and the above being paid in a week after? This was for a car that got repossed in 2004 of which I had for 13 months being a young lad at the time I purchased foolishly a £17k car after being extreamly pressured by Carland who even drove me 60 miles to get a card payment for the deposit for the car. The total amount payable on finance was around £31k if i kept the car for 5 years more than the car new! Anyone who can help this get resolved I would be very grateful, the I have a copy of the Credit Agreement and it has a dealers signature but the in the name it just says Carland i would of thought the dealers name who signed it would of needed to of been on it not just Carland. Sorry About the long post but I just want to get rid of this ridiculous debt! Thanks

Hi, My missus and her ex husband had a joint account this was meant to be transferred over to him after the divorce which was 3 years ago. Here is where it starts getting messy he has now gone bankrupt and now HSBC is saying that it never got transferred back to just him so she has been on the account for 3 years and he has been using it we have had no statements or anything from them the first time we knew about it was when a debit card arrived the other day for my missus...? she phoned up and stated she was still on the account and asked when she was intending to pay the -£1400 overdraft on the account! Like i said her ex has just gone bankrupt but apparently has added this amount to his bankrupcy list but now HSBC are chasing my missus and its making my blood boil! Her ex is a total tool and has no regard for her or any of the kids I just need a way this can be resolved...? Her credit history has been abblitorated by this moron and now we are getting chased daily by HSBC for this debt!! How can we get out of this without paying the £1400 he has ran up! HSBC have acknowledged his bankrupcy letter but how would I be able to find out if this amount is on his bankrupcy....? Help!

Hi, Does anyone know anything about this and if the contract was incorrect could the payment be reclaimed back? Regards Ben