Black Horse Car Finance

[diddydicky]

if you are relying on "quoting the act" and simply fishing to find out if they posted first or second class your chances |IMO are slim

 

 

 

 

in your statement, you need to STATEwhen it is that you allege you received the DN- in other words you need to SAY that you dispute their alleged service date. if you want to put them to strict proof of service-you have to create a clear and unambiguous dispute between the parties as to when it was served.

 

\This involves you making a statement as to when the |DN| was served rather than just hoping they cannot prove otherwise

 

merely quoting the regulations regarding service and asking them to prove service will not do since the court WILL accept a simple affidavit from a witness stating when and how it was POSTED

 

they do not, if there is no dispute, have to state in the affidavit when it was served- mereley confirm that it was posted on a date and sent first class.

 

You need to establish what postal service they use- \uk mail first class is NOT the same as Royal mail first class

[lilly white]

i am not sure until i see it however i will give a report

 

lilly

[SHELBELLE]

Lilly

 

Ok here you go.

 

Would appreciate your comments.

 

Thanks

 

S.B.

BH CCA pg1.PDF

BH CCA pg2.PDF

[lilly white]

Ok are you well

 

can you look at the total amount of credit

add that to the total charge for credit

 

it should give give the total payable they say £18442 however

 

12995 PLUS 4480 EQUALS 17875

[SHELBELLE]

Yes Lily I am fine although need to get some sort of defence sorted tomorrow!!!

 

Hmm, yes so it does (I need to check hard copy, sure it says £18,443.00), so are we thinking secret commission?

 

Do we have something relevant (well obviously we do) but how do I defend that shoould it be wrong?

 

 

Thanks, had a lot of input with this one but keep hitting a brick wall.

 

DN invalid unless they can prove (not avadavit) that 1st class mail was used.

 

They terminated, but are claiming 1/2 regulated agreement (and they had vehicle)

 

Apr doesn't seem quite right.

 

And now the figures as pointed out by you don't add up.

 

 

Really need precise urgent help with my defence.

 

 

HELPPPPPPPPPPPPPP

 

 

Thank you

 

 

S.B.

[Et Contra Pacem Regis]

If you're calculating the Agreement from the APR, the answer you get won't be particularly accurate because the APR can be (a) rounded to 1 decimal place (so the precise APR might be the stated APR +/- 0.05%) and there is a tolerance range for the APR +/- 0.1%. £20 over the term of the agreement isn't much, and it is always possible that Black Horse will simply produce convincing sums to show their aggreement is right. You'll have a hard time proving them wrong.

 

On the Total Charge for Credit point - the Advance has been included in the Total Charge for Credit. If you read the figures as:

Credit 12,995

Advance 1,000

TCC 4,448.80

 

then you get a total payable of 18,443.80, which is as it says on the agreement.

 

The claim being for only half the agreement - this may be because they got the vehicle, and think that they're only entitled to half the agreement, or possibly because they deducted the price they got for the vehicle on auction.

 

Hate to be the doomsayer again, but better that than getting people's hopes up...

[SHELBELLE]

Thanks ECPR

 

I am now thinking of giving in and just letting them get the CCJ by default.

 

Seems they have acted fairly after all.

 

 

S.B.

[SHELBELLE]

Shelbelle callin Postggj

 

Can you touch base with me please?

 

 

Thank you

 

 

S.B.

[postggj]

afternoon

 

give me a link back to your agreement please

[postggj]

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.

 

if acceptance fee has been included in the amount of credit

not total amount

 

game over

[SHELBELLE]

Hi Post

 

Welcome back, hope you are well.

 

To be honest I have lost the plot with this, I cannot get the figures to agree!!!

 

Attaching the agreement again.

 

One other thing is that the vehicle was handed back and sold at auction, but they are still going for 1/2 regulated agreement, just sounds so wrong to me as the vehicle sale would have covered 1/2 the agreement and more!!!!

 

 

Need urgent help with this as got to drop defence at court tomorow.

BH CCA pg1.PDF

BH CCA pg2.PDF

[postggj]

give me a few hours to go over everything

[SHELBELLE]

Ok very much appreciated.

 

Also they terminated the agreement.

 

 

Fingers and toes crossed again!!!

 

Waves at guest !!!!

 

S.B.

[SHELBELLE]

Seems to be a grey area with whom terminated the agreement, not sure if that is totally relevant, let me know if it is.

 

I guess the loan figures are more relevant atthis stage.

 

Thanks

 

S.B.

[postggj]

So You Have A Loan Of £12995 Over 60 Months With An Apr Of 12.9%

 

This Is Going To Take A While

 

I Still Make It A Grand In Black Horse Favour

[Nagasis]

They have charged interest on the acceptance fee (12995+125 at 11.68% actual interest rate over 60 months=4263.80 hp charges, monthly payment 289.73), is this allowed?

[SHELBELLE]

Post/Nagasis

 

Interesting points, can this be clarified???

 

Going back to the DN nad termination, shouldn't they only be claiming the arrears up to termination and not the 1/2 regulated agreement???

 

Sorry but I am running out of time.

 

Thanks

 

S.B.

[SHELBELLE]

Post

 

Any joy, really need clrifiaction as only have the morning to sort this aspect of the defence out?

 

 

 

Many thanks

 

S.B.

[postggj]

They have charged interest on the acceptance fee (12995+125 at 11.68% actual interest rate over 60 months=4263.80 hp charges, monthly payment 289.73), is this allowed?

 

 

it makes the agreement unenforceable if the acceptance fee has been included in the amount of credit before calculating interest

 

not the total amount of credit

[Nagasis]

it makes the agreement unenforceable if the acceptance fee has been included in the amount of credit before calculating interest

 

not the total amount of credit

 

sorry post im tired,

 

does this mean that interest can be charged on the acceptance fee as they have kept it separate from the amount of credit.

 

I am confused as the acceptance fee is normally paid on the first payment and so no interest is charged on the acceptance fee

[postggj]

thats different

 

if acceptance fee is paid upfront on first payment

 

THEY CANT CHARGE INTEREST ON IT

WILSON V FCT

 

GAME OVER

[Nagasis]

Post/Nagasis

 

Interesting points, can this be clarified???

 

Going back to the DN nad termination, shouldn't they only be claiming the arrears up to termination and not the 1/2 regulated agreement???

 

Sorry but I am running out of time.

 

Thanks

 

S.B.

 

hi shelbelle, I havent gone back and had alook at the DN and TN but they would only be allowed to only claim arrears if they terminated on the back of and ineffective DN.

 

Can you guide me to the post of the DN and TN

[Nagasis]

thats different

 

if acceptance fee is paid upfront on first payment

 

THEY CANT CHARGE INTEREST ON IT

WILSON V FCT

 

GAME OVER

 

so in this case as the acceptance fee wasnt paid on the first payment but spread over 60 months I take it they can charge interest.

[SHELBELLE]

Thanks guys

 

Post.....so what was your findings with the figures, acceptance fee wasn't paid on the 1st payment ??? Are they charging interest as Nagasis states?

 

Nagasis....DN is in post no 24, if it cannot be proved it was served 1st class then its one day out and on that they state arrears of £1K +

 

Confused.com!!!!

 

 

S.B.

[Nagasis]

If they are allowed to charge interest on the acceptance fee as it was spread over 60 months...

 

Then I cant find any problems with the figures.

 

Amount of credit: 12995 plus total charge for credit: 4448.80 = 17443.80

 

59 payments of 289.73 plus the last payment which includes otp 349.73=17.443.80