Black Horse Car Finance

[SHELBELLE]

Hi all

 

I just wanted to know if SAR and CCA requests apply to car finance?

 

 

Any help would be greatly appreciated.

 

 

Many thanks

 

S.B.X

[cerberusalert]

Yes.

 

It would be best to send them both because with a CCA they only have 12 + 2 days to respond where as with the SAR they have 40 days.

[SHELBELLE]

Hi Ceber

 

Thanks for that I will get both off today.

 

Just a though does it matter that they repossesed the car some time ago??

 

S.B.

[cerberusalert]

No because if the CCA is unenforceable any shortfall couldn't be claimed by them.

[izzitme101]

shelbelle my brother is in the same situation with a car loan, when they repossesed it they would have sold it on again, did they ever tell you this, or are you still paying the full balance?

Reason i ask is because if your still paying the full balance on the car, and they have sold it on, trading standards woudl be interested.

Theyr currently telling my brother he is entitled to everything he has paid on it for the last 4 years, plus interest.

[SHELBELLE]

Thanks Ceber.

 

Izzitme

 

I was aware in my own mind that they would sell it on. I was only paying £5 a month due to being on a DMP.

 

I remember the balance oustanding being £200 more than it should have been. I want to know how much the car sold for and therefore if their balance reflects this. They continue to charge interest so the debt will never be reduced. Hopefully the SAR will show everything that I need to know.

 

Thanks

 

S.B.

[izzitme101]

ok, when you get a reply, if ever, and there is any discrepancy between what they sold it for, and what they say you owe, i would suggest trying ts first for it, as if theyr willing to do all the work, you can save yourself the hassle

 

Have to admit though, black horse have been fairly solid with me, i bought a motorbike 14 months ago with a loan from them, and after i was made redundant they put all payments on hold until the insurance started paying out, always been polite and answered questions properly to.

They also made it clear that if i was to sell the bike myself, i pay all i get for it to them, and i only pay the remaining balance, and they stop interest on it to.

I was most suprised.

 

edit: I know we all have problems with banks and loans ect, however do think that when someone is treating you fairly and decently it should be mentioned

[havinastella]

Hi Shell,

 

Blackhorse normally have decent agreements, but are really hard to deal with. They will ignore everything you send them.

 

The question here is WHO repossesed the car. Although BH may have obtained a Court Order for repossession, only a Court Appointed Bailiff can execute the warrant.

 

So, If BH send one of their representatives you may have a claim against them for any monies paid.

 

Jogs

[SHELBELLE]

Hi havinastella

 

That is very interesting, I do not recall any court papaers regarding the repossesion. I definately had calls from Black Horse regarding the repossesion, and just agreed a collection date with them for the car to be taken back.

 

The guys who collected were just on behalf of BH I believe. They came, I gave the keys and log book and they asked me to sign something and that was that.

 

Problem is I do not think I have any of the paperwork from that time.

 

Any ideas??

 

Thanks

 

S.B.

[SHELBELLE]

Ok

 

So will the SAR show if they went about teh repossesion the correct way?

If not how do I find out?

 

Will it make a difference that I agreed to give the car back?

 

 

S.B.

[cerberusalert]

The SAR will throw up all the data they hold on you which would show any CCJ.

 

When you said

The guys who collected were just on behalf of BH I believe. They came, I gave the keys and log book and they asked me to sign something and that was that.

are you sure it wasn't a 'voluntary' declaration giving them permission to take the car?

[izzitme101]

it will if theyr still expecting you to pay the full balance after they have sold it.

With a car, ts will allow value degradation of 1k, so if you bought the car for 5k, paid 2 back, let them reposses it, and they sold it for 4k, ts will say you owe nothing on the car.

If they expect you to pay the remaining 3k, thats an entirely different matter.

 

edit: numbers for example only of course.

[SHELBELLE]

Ok

 

So the SAR should show what they sold the car for and then I can do my sums from there??

 

I suppose I agreed to them taking the car back as I didn't really have a choice.

 

I think it's best if I wait for the SAR to see what information I can gather and then update my thread.

 

Thanks for all your advice.

 

 

S.B.

[ashmk]

In my experience Black horse always have there paperwork in order.

 

Dont get your hopes up to much for them failing to provide.

[SHELBELLE]

Ashmk

 

Ok thanks, it was more that I wanted to see how much they sold the car for and what, if any, the shortfall was.

 

S.B.

[SHELBELLE]

Hi all

 

An update...

 

Further to my SAR & CCA I have received the relevant documents.

 

1) Attached the CCA, which I believe is enforceable, but would love a second opinion. It is a little hard to read but I am able to decipher most words.

 

2) Received the full account history, together with a statement of account which I have also attached. I may be missing something but cannot get the figures to agee to the balance they are stating.

I also wonder why the legal liability figure was adjusted, obviously after my SAR was received?? By my accounting I owe them considerably less than what they are stating. Could someone with some expertise please have a look at this for me as well?

 

3) I need to write to them to again request what they charged me £235.00 for under purchase ledger adjustment as they have failed to provide this information although it is clearly in their notes that I requested it.

 

4) I need to try and get them to stop the intrest on this as we are getting nowhere, can I use the standard letter from the template section?

Edited September 6, 2009 by SHELBELLE

[izzitme101]

first of all, read through sections 7 to 8 of the terms and condintions carefully.

which part is how much the car was sold for?

 

Have to say, tho, i only have had good experience with black horse through this recession, admittedly my hp agreement was after the changes in consumer law. PPI paid out with absolutely no probs at all.

[SHELBELLE]

Hi all, an update

 

Received a letter back from BH confirming the additional charge that they added was for the repossession of the vehicle...suppose I have to swallow that as I handed the vehicle back??

 

I have reattached the latest statement and really need an expert to have a look at the calculations as I cannot get them to balance. The original loan was for £12,995 so they are claiming for the full amount of the loan had it have run it's course normally.

 

I am also wondering if I should be being charged late payment interest as that is also included? I do not understand the legal liability figures either.

 

Finally, looking at the DN, it is worded that if the arrears are not paid by xx/xxx/2007 they will TERMINATE the agreement as a result of my breach and seek to recover the goods, and seek payment from me of monies calculated in accordance with the terms of the agreement. etc etc, I am aware that the wording regarding a termination of an agreement on a DN can be quite relevant and need further assistance on this too if I may please?

Really hope someone can help me out with all this confusion????

 

Thanks in advance.

 

S.B.

[SHELBELLE]

Bumping

[SHELBELLE]

Hi Diddydick

 

This is the thread hope you find me. See post ~#18

 

Thank you

 

S.B.

[SHELBELLE]

Also forgot to include dates on the DN, issued 12.01.07 and arrears deadline 31.01.07.

 

S.B.

[diddydicky]

Hi Diddydick

 

This is the thread hope you find me. See post ~#18

 

Thank you

 

S.B.

 

hi, well i cant read the agreements unfortunately however can you post up the DN

[diddydicky]

ahh just seen the dates well if sent first class the date are good (in fact they haev given you 15 days HOWEVER if it was sent 2nd class then it is defective

 

the sar should hopefully give you the posting date

 

now you need to look at the arrears on the DN to see if you can fault them

unfortunately i am not very good on working out the figures and cant see the agreement but if there are charges on there its a fair bet they could be wrong

 

if you post the dn up with the arrears on (it wont matter after all this time) someone who can read the agreement will work them out for you im sure

[SHELBELLE]

Hi DD and all

 

Apologies for delay in responding had scanner problems.

 

Ok here goes : ~

 

I have attached the DN (which incidentally was the 2nd one received, 1st one sent 08.11.06 same wording) The SAR notes do not specify if the DN was sent 1st or 2nd class and I did not keep the envelope!!

 

I am interested to know the definitions of their wording regarding "terminating the agreement".

 

Could someone also please have a look at the figures to see if they agree as I cannot make head nor tail of them. Original loan was £12,995.00, so I guess they still add their interest?? Car was sold by them for just over £8K. I have exact figures if they are required.

 

Also attached is a further letter that states again about terminating the agreement, does this hold any weight in my favour???

 

Lastly, upon reading the SAR notes I am interested to know what "restricted claim" would mean...any comments??

 

Thanks in advance

 

S.B.

[SHELBELLE]

Bumping