Black Horse Car Finance

[SHELBELLE]

I may be being silly, but I don't know if I am defending all, I suppose I am if the DN is ineffective??? Or do I need to just admit to the amount of arrears at the point of termination??

 

Sorry so many questions but I really want to get it correct and not make myself look a fool in court!!

 

Also the CPR, this can still be sent if I had already sent a SAR and they complied?

 

Thanks again

 

S.B.

[42man]

If you part defend you will get a CCJ....if you admit then you'll get a CCJ...!! And you MUST send the CPR....as a claim can be thrown out for non compliance in line with the Allocation Questionnaire / Draft Orders even before you get to court...

[SHELBELLE]

42Man

 

Ok I think the penny has dropped now!!

 

Just going to need help with the defence in due course;)

 

I am getting a colleague to post both after I have gone on holiday, so I will bide a bit more time on my return. Do you know if they count the 14 + 3 days including weekends and bank holidays/ I suppose that is what the + 3 days is for??

 

Thanks again

 

S.B.

[SHELBELLE]

I have received a copy of the agreement with T&C'S together with a copy of the DN.

 

What I don't understand is why the arrears at the point of termination was in the region of £1k and they state "amount required to pay half total amount payable" in excess of £5k???

 

Also I gave the car back so can they do this?

 

If the above is all in order I guess my only defence is that the DN was a day or so out, and I don't hold much hope with that aspect!!!

 

Comments would be greatly received and what my next step of action should be.

 

Many thanks

 

S.B.

[SHELBELLE]

bumping

[SHELBELLE]

Needing some urgent help please

[SHELBELLE]

Any ideas anyone????

[SHELBELLE]

sorry really need help here.

[SHELBELLE]

Can anyone help me please getting a bit worried now!!

[SHELBELLE]

Sorry to keep bumping, but need help asap.

[SHELBELLE]

Not getting any help maybe a MOD could possibly move to the Legal Forum for me please??

[car2403]

Can you post up what they've sent? Agreement, T&C's, DN, etc? (Remove personal details)

 

I'll move the thread.

[SHELBELLE]

Car

 

Yes I can but it will be Monday now as that's when iI have access to a scanner. I have also sent a PM to 42Man who has helped on this thread previously.

 

Will do that on Monday, thanks for looking in.

 

S.B.

[car2403]

Is the agreement unenforceable? Does it contain the prescribed terms? Interest rates, repayment terms, etc.

 

If the agreement is enforceable and the DN faulty, they may be allowed to reissue another DN and simply re-Default the account. I don't think they should be able to do that, but I suspect a numpty Judge may allow it, leaving you to appeal, at further costs, should you go on and experience that.

 

surfaceagent's thread on DN's will be invaluable, but I see you've been referred to it already.

[SHELBELLE]

Car

 

I will have a proper look at agreement on Monday, post it on here and get an opinion, but I believe that it is probably in order.

 

The DN would only be defective if it cannot be proved that it was sent 1st class and the SAR doesn't reveal that.

 

The point I am trying to get to the bottom of is this :~

 

I was under the impression that once they terminated the agreement they could only claim the arrears at that point??? What they are claiming is the arrears in the region of £1K plus an additional substantial sum taking the balance to over £5K, which they state is sum due to make up to half of balance due!!! That's the bit I cannot see in the agreement so am unsure if they are playing games or not??? Also they had the veicle bacck and sold at auction, it just appears taht they are claiming the amounts had the loan run it's normal course and I don't know if that is correct???

 

Thanks again

 

S.B.

[SHELBELLE]

bump

[car2403]

As you VT'd the car, they will pay the amount from Auction to the account to reduced indebtedness.

 

They can terminate the agreement and the figures involved will be determined by the terms contained in it, which is why we'd need to see it. They are probably claiming interest to the end of the agreement, as it was terminated.

[Et Contra Pacem Regis]

I suspect that Interest has been charged on the £125 Acceptance fee in that agreement (the one posted on page 1, also be aware you've left the agreement number on it...). It seems to be quite common with Black Horse agreements. You'll notice that the Purchase Fee goes with the last payment, but the "acceptance fee" is unaccounted for. Because the agreement doesn't say on its face that that is what they have done, you'll have to establish that that is so, by getting calculations done to demonstrate that what the agreement says is incorrect. A brief check with an online loan calculator gives a result closer to what it should be with the principle as 13120 (inc acceptance fee) as opposed to 12995 (what they say interest was charged on).

 

If interest has been charged on the that fee then it is unenforceable (for several reasons, not least that the amount of credit has been misstated).

 

If proceedings have been served, and you haven't already done so, you need to acknowledge service and put in a defence asap otherwise Blackhorse will request default judgment, get it, and then you'll have to apply to get judgment set aside...

[SHELBELLE]

Ok folks

 

Posting up the documents that I have, the agreement pg 1 is not too clear so if you need the figures retyping let me know.

 

Need to get this defence off today so urgent help much appreciated.

 

Thanks

 

S.B.

[SHELBELLE]

Going to try that again, don't know why it has come out as thumbnails??

[SHELBELLE]

Trying to attach again!!!

[SHELBELLE]

And again

[SHELBELLE]

I have no idea why my attachments are showing as thumbnails, can anyone help me please???

[car2403]

Don't upload them as attachments - instead, use something like photobucket and post the links to the documents. if you see the CAG guide in my signature, there's a walkthrough showing you how

[SHELBELLE]