Black Horse Car Finance (BH)

[BubbleCat]

Hi 42 man - I have gone over the tale of a dodgy DN, but I am not sure where this would help me.

 

I have spoken to 2 diff solicitors today -

One wants £300 to look over the papers so far and give basic guidance.

The other wants between £500 - £600 to look over the paperwork so far, and went on to say cost would be about £6000 Just haven't got this sort of money.

 

Looks like BH are using the court as the 'mediator' in this, which again is going to cost.

 

Interesting how both wanted to know the figures on which the agreement was based before we went into the detail of the case.

 

I am still hopeful someone on the site may be able to make some suggestions or just a shove in a direction which may help - I know this is not an easy one, but anything at this stage would help

[BubbleCat]

Saw a solicitor on Friday - at the cost of an arm and a leg and turn the emphasis around completely and what happened to the days the solicitor was on your side or gave you a definitive yes or no ?.

 

This is the advice received and confirmed in a letter:-

 

The solicitor can pursue the claim as 'Misrepresentation', as they feel there is a valid claim. This puts the emphasis on the garage as they sold the finance agreement, not BH.

 

Substantiating a claim for 'Misrepresentation' can potentially be costly and time consuming as an investigation would need to commence involving everyone dealt with at the garage, leading up to the signing of the agreement.

 

At the end of the investigation it may be decided there is not enough evidence to substantiate a claim for 'Misrepresentation', whereby it would inevitable leave me in the same position am currently in

 

Before the solicitor will do anymore work on this, he wants £2000.00 on account

 

So I spoke to a free local legal institute - They advised me to speak with my house insurance company, to see if I had General Legal Insurance or Family Legal Insurance and it turns out I do.

 

House insurance Co. have said as the solicitor has said the claim is against the garage for 'Misrepresentation', they will happily take a look at our case so far and decide if they will cover the legal costs. Waiting for the claim form. Had the solicitor said it was against the finance company they would not have even entertained covering the claim.

 

in the meantime, I am going to apply to the court for an extention in submitting the AQ, as this has to be in tomorrow. I am hoping they will allow me time to receive the claim form, complete it and get a decision from the insurance Co.

 

I will keep this post update with events as this may help others and there maybe someone who can help me.

 

:):):)

[BubbleCat]

I'm not really sure what to say here BC.....Atwozee's points about the DN seem to make perfect sense....I presume you saw this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

 

Hi 42man & Atwozee,

 

How can I get the dodgy DN to become the focus against BH?

 

Would you have any suggestions as to how I can amend / present my defence with the court bringing the dodgy DN in?

 

Spoken to the court. They say they cannot formerly grant an extention to the filing of the AQ, but have put a note on the system to say the AQ will be filed by 14/04/09.

 

Apparantly what will happen as the AQ is not in by today:-

 

 

• Gets passed to the Judge
  
• They see no AQ filed by me
  
• Court send out a 'warning' as defence not filed on expected day, give another 7 days and if still not AQ, then my defence gets struck out.
  

Edited March 30, 2009 by BubbleCat

[BubbleCat]

I have now approached my home insurers, as it turns out I have Family Legal Protection against disputed contracts.

 

Keeping my fingers crossed, as they are considering my case.

 

I had to file a ADR in court yesterday. I approached the solicitor who I had been to and they wanted £150 to help me over the fone !

 

I spoke to my insurance companu and they helped me FOC over the fone.

 

Will keep updating you

[BubbleCat]

UPDATE

On 24 June my house insurers confirmed with a local solicitor they will fund the case for investigation. This is limited and depends on if council consider the case has a more than 51%of success - So fingers and everything else crossed.

 

Thanx for the continued support peeps - it is much appreciated and Hopefully others may benefit from this. X

[BubbleCat]

Hi Everyone - It's been a long time. Well this case is now all done and dusted and it's only fair after all the support and help you all kindly gave, for me to give you the events.

When our Solicitor first contacted a Barrister, after house insurers agreed to cover cost, the barrister came back with a less than 51% chance of success. This immediately stopped the funding from house insurers. However, I bounced back at the Solicitor as I did not feel the Barrister had considered all the facts in the matter. The Solicitor put a list of our concerns, which we felt had not been considered, back to the Barrister. It turned out the section of the CCA I should have used was section 56. There were some other parts of the Consumer Laws which were partly used, but not as significant as 56. The Barrister agreed to ask the court if an amendment could be made to the original submitted evidence. Really luckily, the Judge agreed. This was only because BH had made a cock up and had tried to change it during a hearing, which the Judge was not impressed with. So this then changed our prospective outcome to 51%. Our Solicitor was brilliant. He contact the house insurers and got them to agree to allow the funding, which they did. There have been quite a few small directions hearing, our Barrister was boarderline in contempt at one of them arguing our case, until we got to the final in mid June. We were looking at potentially having to pay over £20,000 if things did not go in our favour. There was lots of legal jargon, which we found confusing but our Solicitor was whispering what was going on in small bites. I did get told off at one point as I aired my view a little too loud while BH's Barrister was stating her case she said she did not appreciate any noise. The Judge had not heard me luckily eek!! The court accepted that in a letter I had sent in May 2007, did actually terminate the agreement on the date of that letter. The argument of the DN, our Barrister told us, was not applicable because of the complicated case it was. The outcome was the car was to be handed back and we had to pay £6,000. I asked the court to order the car be collected by BH within 14 days of the hearing, which he agreed to. I have had to chase BH to get them to fetch the car, which meant they were in breach of the order. I asked our Solicitor if there was anything we could do as they had breach the order, but he has advised to put it down to experience. Since all this began our financial situation has taken a dramatic downturn as we too have fallen victims to the country's financial depression. So this left us worrying about how we would be able to pay the £6,000. Our Solicitor said "No-one can have what you have not got". He advised the would be fools to try and recover as it would mean they would be throwing more money at the courts with no real prospect of recovering anything. So we now just have to wait to see what happens with the money side.

[BubbleCat]

We are almost at the end of ths battle, I hope . The new owner contacted us just to verify a few things i.e. genuine mileage etc.,and told us he had puchased the car from auction for just over £8,000. We have recieved a letter from BH's solicitors SCM, advising us the account is now settled in full and to take the letter to a County Court to get a Certificate of Satisfaction. I was a little confused at this to begin with. I looked at the final court order and realised that although it stated the car was to be returned, it did not say anything about what was to happen to the proceeds of the sale of the car:whoo:LOL. Just got one more thing to do on this, so there is another installment to come CAGgers