Black Horse Car Loan???? Ripp Off

[despot67]

Hope this is in the right place first off all - searched for Black Horse stuff and came here?

 

The issue we have is that my wife took out a loan for a car about 5 years ago and I agreed to make the payments each month for her as she fell on hard times at work.

 

The loan was for about £13K and I almost paid it off but I also had a few problems over a year back and we defaulted on some of the payments which is a shame as the loan should have been up as of SEptember last year.

 

She received some strong letters asking for payments and in the end I paid them all the arrears that they stated we had which as far as I was aware meant what we owed on the car we had paid?

 

Since I paid all of the arrears we have been contacted by a credit recovery firm and they want the "arrears" paying back but I have checked and everything that is owed is an extortionate amount of charges and nothing more, this amounts to about £1500.

 

The company in question have been very forcefull and have persuaded my wife to let them visit our home next Wednesday to discuss this issue. I personaly think this is uncalled for. We have paid the loan and are left with a car that is obviously worth a fraction of the original price and the loan recovery firm state the car isn't ours till this payment is cleared.

 

Any advice on where we stand and what the firm(s) can actualy say we owe would be much appreciated.

[elsinore]

Hi despot.

 

You should be very wary of allowing anybody into your home.

 

What is the name of the recovery firm?

 

Els

[despot67]

I think they are called credit style?

 

Im not happy that they are visiting as they will push the missus into something so Im sitting in on this one!!!!!!!

 

Its only extortionate charges that they want us to pay and not the loan as this is all paid off. Im not happy but im unsure where we stand legally on this issue - any help much appreciated.

[elsinore]

I really think you should not allow these people into your home, despot. Many Debt Collectors are quite unscrupulous and I would not trust them as far as I could kick an anvil.

 

I'm going to move your thread to the Debt Collection forum, despot, where you should receive some expert assistance.

 

Els

[CourtOfficerSpeaks]

Don't let them into your home

 

Never buy a car on finance

 

Pay your arrears. Any company can add late charges. Check your initial paperwork, it usually details late charges etc

 

Ask for a breakdown.

 

DON'T LET THESE PEOPLE IN YOUR HOME. Even set up 2 chairs outside but don't let them passed the front door, remember they can come back at any time and break in for the goods (although they prob won't!) If they levy.

 

This credit company want their fees paying who collect the arrears. Thats why they have such an interest in meeting up.

 

In future, buy a cars for cash. No one can ever touch it then

[tomterm8]

Um, court Office, I DON'T believe these are baliffs... reason being that they are called a "credit recovery firm" in other words, DCA.

 

Can the OP confirm if they have recieved a judgement?

 

If it is with a DCA, they have no legal authority to visit your property if you don't let them. If you want to talk to them, make sure you phone up the local vicar, and that he is at the meeting...

 

Personally, I would just go out for the day, locking windows and doors etc.

 

Tom.

[CourtOfficerSpeaks]

Oh right, sorry Tomterm, Well it puts you in a stronger position then.

[Battle weary]

Hi there

 

We had problems with Black Horse re our car loan when our business went bust - funnily enough we couldn't pay the monthly payments. After looking on this site we realised that any recovery action that a company may wish to take depends on the type of finance - we had a fixed sum loan agreement with Black Horse. BH insisted that it was a HPI agreement and registered the car as HPI and also an interest on DVLA. They sent round their debt collectors who arranged to take the car off us to lessen the burden of debt. We contacted Trading Standards who looked at our agreement and confirmed that we had a personal loan and that BH had no right to take the car from us.

 

They have had to now remove this as our loan is a personal loan and not HPI. Trading Standards are involved with the case.

 

But we are happy to say that some 10 months after starting this particular crusade we can now sell the car.

 

A HUGE SUCCESS FOR US AND 2 FINGERS UP TO BLACK HORSE!!

 

So keep looking on this site.!!!

[Paladine]

I am surprised at this. We had a loan from Black Horse for our double glazing and they have been amazing. The interest on the entire 3k loan was only about 200 quid over the whole 3 years. Mind you we managed to not miss a payment so I don't have any first hand experience with their collections methods.

[powelll]

I would write to them cancelling the appointment. Underr OFT debt collection guidance they are not allowed to ignore your legitimate wishes in terms of how & when to be contacted.

 

Kepp a copy of the letter & send recorded delivery; I wouldn't even speak to these kind of companies on the phone to be fair. You are completely within your rights to do this.

 

Any charges / interest etc added on by the DCA should be allowed for in the original agreement so it may be worth checking this ( if you aren't sure scan it on here with personal info removed or take to your local CAB or trading stds ).

 

Alternatively speak to National Debtline on 0808 808 4000 for completely free confidential advice.

[42man]

Send them this letter

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I now have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[42man]

Or you could possibly add that you charge £500 for your time on a consultation and could you make a formal request for a purchase order number ?

[despot67]

Well the chasp arrived as expected and too be honest he was very genuine and helpfull, he was a kind of freelance agent (he is a farmer in AShbourne by trade).

 

Thanks to the advice and online documents on here we proved that we had received a settlement figure ont he arrears and I produced a bank statement that showed we had paid the arrears on time as erquested. He rang the credit company and they changed their tune.

 

Originally they wanted about £1600 off us but it aoppears that we owe according to them, They think, about £500 and this is mostly charges. I stated we wanted a access order for the full breakdown and we would pay the £10 fee and also asked for a copy of the original CCA.

 

THis flumoxed them and they admitted that Blackhorse didn't know how much we owed?

 

The chap that called advised that if they didn't give us the CCA we didn['t have to pay and stated that it seemed as if qwe knew what we were on about (thanks again to the forum) and he said as long as we paid what ever arrears we owed the chances were that blackhorse didn't have a leg to stand on with the charges and they would be waved!!!!!!!!!

 

Thanks again for a brilliant forum - we were in the right and they didn't know their rear from their elbow?

 

YIPPEE

[elsinore]

Well done, despot (and Mrs despot), it sounds like you handled them really well! Doesn't it make you feel good?

 

Post your progress from now on so that we can see how it is all resolved.

 

Els