blackhorse do i take them on

[credit allergy]

Paying off a car loan hp. Wife needs car for work. Loan started when car was new sep 2002. Had problems so missed payments for about 12 to 18 months. The loan term finished in sep 2006 so outstanding balance is being treated as debt arrears. Been paying 150 monthly and in nov upped to 200. They have supplied CCA but state that out of a now remaning balance of 2,400 there are 900 worth of charges. When i have discussed in the past the said they will review when orginal has been paid. I understand that they need a court order to repossess as I have paid over 30%. However what is winding me up is this. The payments are made by me cash with payment book due on the 1st. I have yet to pay them this month because of XMAS. I was going to speak to them about paying weekly this month. But I have been getting texts and now a letter and one of there demanding £2,400 solictors letters. Is worth not paying going to court on the basis of unlawful charges and getting judge to reset balance. In the past the operator said the unlawful charges were involving banks not us! My worry is that we need the car for my wifes work so dont want to lose it. Any advice please.

[spamheed]

have they given any explanation of what the charges were for? (preferably in writing)

[credit allergy]

late payment

[spamheed]

My understanding is that any charges which do not represent the actual costs incurred can be regarded as punitive in nature and as such are illegal.

 

I would take a look at the templates on this forum regarding reclaiming charges and write to them, get the debt reduced

[credit allergy]

Thanks that is what i thought. What i am unsure is, as to whether to dig my heels in now and just dispute the entire figure. All the time I am paying they are laughing. What i need to do is to work out what i have borrowed as regards the orginal loan amount in respect of the CCA. The car cost plus interest and what I have paid to date. The million dollar question is what happens if i go to court.

[itsamomentintime]

charges are unlawful, not illegal

[credit allergy]

yes thank you, i understand. However I am still uncertain as to the best course of action in the circumstances

[spamheed]

If you contest the amount of charges placed on the account and start proceedings to recover them, then any subsequent case would be in dispute until the amount claimed had been established.

 

If they are trying to hit you for say £2k and you reckon £500 is unnecessary charges and institute a claim for them, then any claim brought by them for the full £2k would effectively be dependant on the outcome of your claim for charges.

 

I would read the forums on getting charges back and start the ball rolling before them. you will need to produce accurate figures, these can be obtained by SAR the DCA

[credit allergy]

Thanks, the problem is that i dont want to lose the car. I spoke to them last night charges of late payment at £25.00 PLUS INTEREST. I owe £1400 on orginal loan which will be clear in August. I feel it might be more practical to wait until then and say I am not paying charges. The Blackhorse operator had to agree that if they have had all their money back albeit late they have had a result. I feel my posititon will be stronger in August because for them to go to court and claim £900.00 charges would look excessive. Lastly by then the result of the test case will be known. Anyway thanks for your advice.

[spamheed]

Sounds like you already have the start of a plan

[credit allergy]

yes a cunning plan!