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Black Horse Car agreement default notice - Help please!


Jesteruk
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Last month i became unemployed, and currently have an agreement with Black Horse for a car. I had been paying about £150 per month for the last 3 years and when i became unemployed i contacted them to advise them that i have cancelled the DD as i was unable to pay the installment. They wanted to know how much i was going pay, but JSA takes 4 weeks to recieve any money so i couldnt tell them.

Today i have recieved the following letter:

 

Dear JesterUK

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

This is a default notice served under S87(1) of the consumer Credit Act 1974. It relates to your agreement with us numbered ********. The agreement says that you must make all payments on there due date. You have broken this agreement, as there are arrears of £152.22. To remedy your breach you must pay us these arrears before 15th July 2008.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU (OR A SURETY)

 

If the arrears are not paid before 15th jusy we may:

a: Terminate the agreement and seek to recover the goods.

b: Seek payment from you of monies due as a result of termination

 

BUT IF YOU HAVE PAID AT LEAST ONE THIRD OF THE TOTAL AMOUNT PAYABLE UNDER THIS AGREEMENT SET OUT BELOW (OR ANY INSTALLATION CHARGE PLUS ONE THIRD OF THE REST OF THE AMOUNT PAYABLE) WE MAY NOT TAKE BACK THE GOODS AGAINST YOUR WISHES UNLESS WE GET A COURT ORDER. IF WE DO TAKE THEM BACK WITHOUT YOUR CONSENT OR A COURT ORDER, YOU HAVE THEN RIGHT TO GET BACK ALL MONEY YOU HAVE PAID UNDER THIS AGREEMENT SET OUT BELOW:

1 Total payable under this agreement - £7784.56

2 Total paid at the date of this notice- £5651.38

 

yours faithfully

 

blah blah blah

 

As i already knew they cant take the car. But i contacted them in good faith 3 weeks ago and advised them of difficulties only to get slapped with a defualt notice!

And then to make matters worse they also included the following letter:

 

Dear Jesteruk

 

Agreement number *********

 

Unpaid charges fee: £310.00

Late Payment Intrest: £ 17.61

 

Total charges due now : £327.61

 

TAKE NOTICE THAT THE SUMS SHOWN ABOVE ARE DUE FOR PAYMENT IN ADDITION TI THE ARREARS OF THE RENTAL SHOWN ON THE ENCLOSED NOTICE.

 

Blah blah blah

 

What absolute w*nkers!

 

any ideas on the next step to take against them??

 

cheers

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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Guest forgottenone

How many payments have you missed? Is just one? If so, they are being pretty hasty issuing this notice.

 

What I suspect, though, is they are going in for the kill ... because they automatically assume you will be a bad risk, purely because of being on JSA ... except you've made reasonable grounds/approaches to tell them your circumstances ... atypically, they aren't showing any lenience for your position ... 'credit crunch' blah blah ...

 

 

Someone with more expertise will be able to assist with whether the notice is properly worded/executed ...

 

Other than that, standard threatogram ... but already at the default stage.

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Guest forgottenone

The only other thing - as I have to pop out right now so can't go into detail - is wait for someone here to give advice on how to approach them to make reduced payments. Also, no further phone contact. Writing only.

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Yep only 1 payment missed.

 

2 years ago they were fine - when i was unemployed then they stopped intrested and put me on reduced payments - despite getting £60 pw i still managed to keep them happy - they were top on my list

now there bottom!

 

as for credit crunch....they forget about customer service and i as a customer of 8 years WILL NEVER return to them for another car!

 

in 8 years they were fine!

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

Link to post
Share on other sites

It would be in your interest to pay off the arrears and remedy the breach. If you don't they will terminate the agreement. If you don't intend keeping the car you can then exercise your right under the CCA 1974 and hand the car back.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Paul i would love to pay the arrears JSA doesnt pay much nowadays!

 

As for returning it not an option. retrun fee is £649. Half of whats outstanding on the agreement. but for an extra £600 i can pay the whole agreement off and sell the car for £2500

Think i might slap them with a CCA request and see what that brings up. Judging by most companies they probably wont have a copy.

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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Share on other sites

Jester,

 

A couple of things here, THEY will have a copy of the agreement, they are extremely well groomed on paperwork (trust me)

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse.html?highlight=havinastella

 

Have a look at my thread and ask for a statement of account. Now I think you'll find that the default amount and amount owed/paid don't add up due to unfair charges. So technically the default is incorrect and cannot be enforced.

 

Although when you get the Statement you'll be able to work out exactly what the starting credit was, what you have paid and how much (IF CHARGES WERE NOT ADDED) is left to pay.

 

I found that once this company knew what I was on about they acted extremely well, but I can assure you the Default notice will be spot on and they will have a copy of the agreement.

 

Get the Statement, add up the figures and get back here for advise.

 

Jogs

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i am currently in the process of going after bhf myself. on a side note, any lawyers, get in touch... i am after them for an unenforcable default (despite saying the amount is not in relation to charges, they cannot explain the amount at all!) and the damages to my financial reputation, as well as the personal stress and upset thier unlawful and quite frankly pathetic actions have caused. also, thier charges... a number of advisors have said they have removed charges, yet they keep coming back. assuming they have been honest, the last (rather difficult to understand) 5 day late pament has cost £400. £400 for sending 1 letter, damn i am in the wrong job! this post has to be worth about £50 straight off

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