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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Black Horse Hire Purchase Agreement - Car Taken **please Help**


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In November 2007, i purchased a vehicle from a motor dealer and the finance was arranged through Black Horse Finance. The car was always kept clean and insured. All the payments were going out on time. In October 2008, a friend of mine had borrowed the car and for some reason was stopped by the police and the car was compounded. I went to collect the vehicle from the compound and was told that Black Horse had refused to release the car to me. I contacted Black Horse and was told the their Fraud Investigator that the vehicle had been taken as there was no insurance on it and I had leased it out to a car hire company. All this was untrue as the car was comprehensively insured and I have never leased it to anybody. Black Horse failed to give me a clear reason and the car was sold. I purchased the car for £14,500 and the total finance package came to £19,000. Black Horse sold the car for £5000. I have made a complaint and they have sent me a statement of my account showing that I still owe £10,000. They claim that the reason my agreement was terminated was because I had broken the Terms & Conditions of the contract. It does say in the contract that if the vehicle is seized by any authority, Black Horse MAY terminate the agreement. The police have never confirmed to me why the car was taken and it was them who had informed Black Horse. Furhter to this, Black Horse are asking me to pay £500 for reposession fees. These fees were for them instructing a collection agent to recover the vehicle. I went to collect the car from the compound the day after it was taken but Black Horse refused to release it hence the car stayed in incurring more daily charges. My complaint is still ongoing but I don't think they are listaning to me. Are they allowed to do this ?? I still maintained my monthly payments after the car was taken but I am now expected to pay £10,000 for a car i do not have. PLEASE PLEASE PLEASE SOMEBODY HELP ME.

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You may need lagal advise on this, suggest you get a solicitor to at least review the contract and the circumstnces of its siezure and return to the finance company. they are the legal owners.

If the person you loaned the car to was not insured they can impound it.

Finance companies only usually take it back on non-payment so they must have a good reason in this case and then they need a court order if you have paid over one third of the agreement costs.

For their claim for the outstanding costs and in court they will have explian the reasons why they did what they did and that they acted in a justifiable and reasonable way.

Get a full explaination from them in writing as to the events and why they acted in the way they did and record that you dispute their actions being justified; to get it all on record when they start chasing you for the money.

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Thank You Raydetinu,

 

I know that the person who was driving the car when it was taken was definitely insured as he had taken out his own insurance policy on the car. I would never allow for anybody to drive my car without insurance. I have tried contacting the Police regarding this but the officer concerned is never available when i call nor does he return my calls.

 

I have tried looking for a solicitor who specializes in HP agreements locally, but they are asking for £100 per consultation. I am a bit hesitant as i do not want to pay so much money only to be told to contact the police and finance company.

 

Black Horse have contradicted what they haave said in their response. The fraud investigator wrote to me informing that the agreement was terminated as the car had been leased to a hire comaony but when i made a complaint, i received a letter from Black Horse stating that the car had been taken as it was not insured. I know it was insured !.

 

This is so frustrating.

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You now need to collect all the information that you can relating to the siezure; police report detailing the circumstances as to why it was stopped in the first place the officers reports giving the name of the driver; then proof by certificate that he was in fact insured ( not all are on the database hence some are seized incorrectly ); copies of all your payments to prove up to date; request proof from them about it being leased to hire company, or if you can prove it was not; petrol receipts on your card; neighbours that it was on your road drive during that period; anything that you can through at them to counter their claims really.

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530man

 

you need to get all the info off of black horse

i think a sar is in order on this one

 

if what you say is correct, black horse have terminated the agreement unlawfully

you are entitled to get back every penny you have paid them and no default

 

but get the sar in to find out what is going on

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530man

 

you need to get all the info off of black horse

i think a Subject Access Request is in order on this one

 

if what you say is correct, black horse have terminated the agreement unlawfully

you are entitled to get back every penny you have paid them and no default

 

but get the sar in to find out what is going on

 

How do i get the Subject Access Request ? Do i just write them a letter requesting this ?

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Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

enclose a 10 pound postel order and send recorded delievery

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  • 4 weeks later...

I wrote to the Police asking for all the information as to why the vehicle was initially stopped and then seized. The investigating office has responded by telling me that the vehicle was initiall stopped 'Under the powers of The Road Traffic Act 1988' and then seized as the Police Officer was not satisfied that the driver was insured to drive the vehicle. The officer claims that he spoke to me at the time, on my mobile, and I allegedly confirmed to him that the driver was my cousin and i had 'hired' the vehicle to him !! That is a complete lie. I have never spoken to the Police Officer. I know the car was insured, as the driver was issued a HORT1 (producer) and he produced proof of insurance within 7 days. I have written back to the police asking them to double check which number their officer called as i can guarantee it wasn't mine and also what proof they have got that the vehicle was being used for hire seeing as they told Black Horse this which is why Black Horse refused to let the vehicle be released to me.

 

I am now awaiting the outcome

 

I have requested the SAR from Black Horse and am also awating this

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530man, sorry to hear of your hassles with BH, trust me there not great at customer service at present, infact defaulting me when i was a day late on payments....thats a different story..

right

The police can stop any vehicle without any valid reason under then law you mentioned. The police officer at the time of stopping the car could have easily rang the insurance company to confirm if the car was insured or not. Did the police officer respond in writing or was it by phone? if it was by phone ask for a written confirmation of the actions he alledgedly performed.

 

You could also, whilst its still fresh, get your friend to write a statement of the events that happened that day. its best to do it now rather then 6 months down the line when you need one. Keep a diary yourself of everything, include copies of all letters sent/recieved.

 

Good Luck

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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  • 3 weeks later...
530man

 

you need to get all the info off of black horse

i think a sar is in order on this one

 

if what you say is correct, black horse have terminated the agreement unlawfully

you are entitled to get back every penny you have paid them and no default

 

but get the sar in to find out what is going on

 

I have received the SAR from Black Horse. Amongst the paperwork, there is a fax from the police to Black Horse Finance informing them that the car was being used for hire and was uninsured to do so but there is no evidence of this. The police have confirmed that the vehicle was insured at the time for me & my wife to drive it. I raised this with the police but the officer was reluctant to go into details. I am currently considering reporting this to the IPCC.

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  • 3 weeks later...
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