Black Horse Car Finance

[cab1ne]

"butterfly"

[SHELBELLE]

Sorry Cab1ne??????

[cab1ne]

Sorry Cab1ne??????

 

ok "subbing" (blame davey77)

 

cab

[SHELBELLE]

Can anyone help me with my quetsion in post 271 please?

[SHELBELLE]

Bumping.

[humbleman]

Hi Andy

 

Thanks for that, I understand the half amount due but what I want to know is, is the sold value of the vehicle part of the half?

 

 

S.B.

 

NO

[SHELBELLE]

Thanks Humbleman

 

Well looks like they can have it all in their favour then, really seems unfair, because with the vehicle sale they would have had more than £4k over what half the agreement was!!!!

 

 

Thanks

 

S.B.

Hmm not looking good then:mad:

[SHELBELLE]

Ok so I need to focus on the DN being 2 days out, the Apr not being quite right and requiring the original CCA as the one provided is slightly illegible.

 

 

Could anyone point me to any links so I can start preparing my amended defence please???

 

 

Many thanks

 

S.B.

[SHELBELLE]

Hi guys

 

Ok a week left before I have to submit my amended defence.

 

I have located the link regarding the DN and putting the Claimant to strick proof that it was sent 1st class, otherwise it is faulty.

 

I need help with how to word the defence for the APR being calulated incorrectly, has anyone got a link please or could help me with this aspect?

 

 

Many thanks as always

S.B.

[SHELBELLE]

Hi all

 

I have run these figures through various online calculators and they are not matching my agreement.

 

I am hoping to use this as part 2 of my defence at court.

 

Just wondered if someone could check for me so I am barking up the right tree!!!

 

1) AMOUNT OF CREDIT £12,995.00 OVER 60 MONTHS

 

2) ONE PAYMENT OF £289.73, FOLLOWED BY 58 PAYMENTS OF £289.73, AND FINAL PAYMENT OF £349.73

 

APR 12.9% AND INTEREST RATE 11.68% PER ANNUM.

 

 

3) ACCEPTANCE FEE £125.00

 

4) PURCHASE FEE £60.00

 

5) HIRE PURCHAS CHARGES £4263.80

 

6) TOTAL CHARGE FOR CREDIT £4448.80

 

 

 

All help much appreciated as it seems marginally incorrect.

 

Thanks

 

S.B.

[harrassed senior]

Are you including charges 3 and 4 in the total amount of purchase before doing the sums?, see if this makes a difference either way.

[SHELBELLE]

Hi HS

 

I have rerun it and it's still about £40 out.

 

Plus I have checked the rate of interest vs APR and vice versa and that is out as well.

 

Don't how how relevant this will be in court?

 

 

S.B.

[elie1977]

Hi i have yesterday found some agreements from Buy as You View and the interest calculations are out also. All i have done is got the total payment without any interest added, then multiplied my interest by 3 as it was over 156 weeks then added the interest on top.

Total amount (3+4) eg 1000GBP

Interest 20% per annum x 3 years = 60%

1000GBP + 60% = 1600 total

This is how i have done it and mine is short or too much on every agreement, do not know if i have done it right, but it is not far out, BUT NOT CORRECT?

[SHELBELLE]

Elie

 

Sorry I do not know your formulas, thats why I did it online.

 

I can't help as I am confused too!!!

 

Although not drastically different it isn't the same.

 

Hopefully one of the experts can do the maths for us.

 

S.B.

[elie1977]

Hi Shelbelle

What site on the web did you go on to do your calculations please:)

[SHELBELLE]

Hi Elie

 

I am not sure if I am allowed to put website names here so will send you a private message.

 

Have you got your own thread going?

 

S.B.

[elie1977]

Hi yes i have my own thread going here is the link.

 

http://www.consumeractiongroup.co.uk/forum/brighthouse-other-rent-own/248254-bayv-warranty-hire-agreement.html

[Et Contra Pacem Regis]

They've charged interest on the £125 acceptance fee, but not the purchase fee which is added to the final payment. On that assumption the interest is fine.

[SHELBELLE]

ECPR

 

Ok I will try it that way and see what I get. Thanks.

 

 

So my next question is, should they be charging interest on the acceptance fee?

 

 

 

Many thanks

 

 

S.B.

[Et Contra Pacem Regis]

Interesting question. Walker v Southern Pacific Personal Loans (the court of appeal decision) says that the charging of interest on a charge for credit (i.e. the fee) is not of itself a breach of the Act or the Regulations. The CoA decision is conclusive on that point, unless appealled.

 

The tricky part is: does the agreement say they can charge interest on the fee? Even if it doesn't - is it a breach, if its a breach, is the agreement irredeemable or improperly executed only?

 

You might try to make out that the regular payments are wrong, because interest was charged on the fee, without the agreement giving the Black Horse authority to charge interest on it, but that's an untested arguement and might not work.

[SHELBELLE]

ECPR

 

Thanks for your input, looks like I have my work cut out for me. an only but try.

 

 

Cheers

 

S.B.

 

We c

[SHELBELLE]

Just re run it on that figure and I am still about £20 out. Just wondering if this is significant enough.

[lilly white]

hello S

 

Can you put the agreedment up minus your details.etc.

 

lilly

[SHELBELLE]

Hi Lilly

 

Yes I will do it in the morning when I have access to a scanner.

 

It isn't a brilliant copy though!!! I believe it is enforceable.

 

What was your train of thoughts?

 

 

S.B.

[SHELBELLE]

Ok I have found all the info I need for my defence.

 

Problem I have now is that the apr apparently agree if I include the acceptance fee. I have been advised by a fellow Cagger that this doesn't necessarily make the agreement in breach.

 

Totally confused now as it also makes the stated monthly repayments inccorrect.

 

So do I just try and convince the judge that the DN is faulty unless they can prove it was sent 1st class, what are my chances of getting this struck out on this technicality alone?

 

3 steps forward 10 back:mad:

 

 

Comments appreciated.

 

S.B.