Black Horse have issued a court date for possession of my car Please HELP

[Guest suziedarkness]

Peter, I am totally out of my depth here and dont know what the hell any of it means really. I have pinched bits of other peoples defences that I thought might be relevent. Please let me know what no. you refer to and I will remove it. I phoned the court today and they told me I still have a few days to get the defence in

 

I was actually going to base my defence on the fact that they have only allowed 12 days to remedy the DN rather than 14. I haave changed my defence a bit to what is posted on here. I dont know what else to do.

 

I feel a bit let down really because all through my threads people have said, "you can do it, we can help you" and now it has come to the crunch, no-one has actually said, look this is what you need to do.

 

I send out a big thank you to all the people who have tried to help, i do appreciate it.

[Peterbard]

Ok

If i were yu

i would forget about the agreement and the default notice.

Your main argument is that you quite rightly applied to send your car back under section 99 of the consumer credit act.

The creditor then deliberately stalled your attempts to fulfill your obligatins in returning the vehicle untill such a time that they could terminate the account and issue a default notice.

You had explained to them at the outset that you could no longer afford to pay and you were trying to do the right thing and have been ever since but the creditors arn't just happy with getting the car bvack they want all the money as wel.

If you stick to that which is as far as i can understand it the truth of the matter i cant see any judge with half a brain ruling against you and i think you should file just that as your deffence because i think the creditors will**** them selves.

In the current climate creditors are beenig encouraged to hep poeple who are in difficulty these bstards need showing up.

They tried the same thing on me when i did a vt some years ago it took me a while but i got there in the end and so will you.

 

Peter

[Guest suziedarkness]

OK Peter that makes sense.

 

What do you think the outcome will be if I go down that route and the judge rules in my favour, will they still take back the car, will I still have to pay a lot of money?

 

I know you said you got there in the end with your problem, what was the outcome for you?

[Peterbard]

Hi

I returned the car and had them return the costs incurred to me due to their unreasonable behaviour it was onlly a couple of hundred quid but it was worth it .They tried to bill me for 3.5k because they said that firstly i was in arrears and secondly there was work that needed doing on the car.

 

You should be able to get out of it with no other costs,but therre are no garantees.

They will undoubltably say you were in arrears so they did not terminate under section 100 so you will have to show that you were not when yu made the request,they will the say that the car was not in condition to allow termination then you ask them when they inspected it how do they know what condition it was in and anyway it is your pride and jopy and it is always kept pristine..

Then if you have a cammera take some pictures of the car to show that it is in good nick. Remember if it not a new car no one will espect it to be completely blemosh free but as long as there is no obvious signs of neglect and it is in reasonable condition for a car of its age then that will do i took photos of mine from every ange and used them in court.

 

when you take the car back someone will walk arounfd the car with you problably drawing rings in chalk around imaginarry dints and bumps i annoyed the little twonk doing it,by photographing these none existant blemishes as well.

Dont forget you tried to do the right thing you are entitled to return the vehicle they are the ones in the wrong make that clear in court if it gets that far.

 

Peter

[Guest suziedarkness]

Can anyone give me an idea of what to expect when I go to court? It says it is a hearing and 15 mins have been allowed. I have been reading uo on threads here and it doesnt seem like other cases here were you have to fill in an aq etc. Sorry if i appear a bit dumb but I dont really understand.

[Guest suziedarkness]

OK, just an update.

 

My hearing is next week and yesterday I received a bundle from the opposing solicitors which contained a witness statement from one of the lackies and an indexed bundle of the cca, dn, letter of termination etc. It says in the witness statement that they are prepared to suspend the hearing if it resume payments plus extra every month towards the arrears.

 

Now there is no way I am going to do this. I cannot afford it which is why i wanted vt in the first place. I would like to keep the car obviously as I have paid almost 4yrs of a 5yr agreement.

 

Now my questions is, should I submit a witness statement like they have with all the key facts or should I just go with the defense? My only defence apart from BH's ignorance to every letter I have sent them is the fact that they have not given me 14 days, they have only given me 12 and i believe they have added charges to the sum for remedy.

 

I would really appreciate some help here guys :-|

[Guest suziedarkness]

bump

[42man]

bumping...

[Guest suziedarkness]

Been to court, the judge was very nice and said he would look out for me because I was a LIP.

 

Basically because I sent in a hefty defence the case has been left open and the court will send out AQ's.

 

I now have proof, not from BH but from elsewhere that BH have added interest to the Acceptance Fee.

 

I dont really know where to go from here.

 

Any ideas?

[supasnooper]

Hi SD,

 

This has passed my knowledge but it'll bump your thread for others.

 

Regards,

 

snoops

[Guest suziedarkness]

Thanks snoops

[Guest suziedarkness]

Ok I have now received the AQ and would appreciate some advice on how to complete this, I really dont knw where to go from here.

 

Suzie

[slick132]

Hi SuzieD,

 

Have you read this re the AQ - http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

[Guest suziedarkness]

Thanks slick, that was very helpful

[pt2537]

 

I now have proof, not from BH but from elsewhere that BH have added interest to the Acceptance Fee.

Ah so this is very helpful as if they charged interest on the fee, then they are in a wee bit of trouble

 

they should only charge interest on credit not on charges for credit.

 

the Judge in the Walker case held that to charge interest on an item would mean it should be credit not a charge for credit and that could leave the amount of credit misstated.

[Guest suziedarkness]

Any idea what I should do next pt?

 

Suzie

[cosalt]

Hi Suzie, just popping in to say hello, glad to see you are getting some very good help.

[cosalt]

Ah so this is very helpful as if they charged interest on the fee, then they are in a wee bit of trouble

 

they should only charge interest on credit not on charges for credit.

 

the Judge in the Walker case held that to charge interest on an item would mean it should be credit not a charge for credit and that could leave the amount of credit misstated.

 

Hi pt, that is great information !

 

I am having a similar problem to suzie, could I just confirm what this means ( for suzie's benifit as well )

 

I believe if they charge interest and spread the repayments over the term on an acceptance fee it becomes credi in its own right, rather than a charge for credit. As it can't be added to the amount of credit (this is for the item being financed ) it must have its own prescribed terms as would say PPI. Have I got this right ?

 

Thanks in advance.

 

Cosalt

[heliosfa]

I'm looking into charges for credit, etc. on my thread at the moment, and you guessed it, it's with Blackhorse!

 

Basically, they are not allowed to charge interest on a "charge for credit". IF they do, and it is in the agreement, then the charge effectively becomes credit. This means that they will have miss-stated the "Total charge for credit".

 

Additionally, the agreement could arguably become a multiple agreement as the car would be Restricted Use Debtor-Creditor-Supplier and the acceptance fee credit would be Restricted Use Debtor-Creditor. This means both would require their own terms, so again there are prescribed terms missing.

 

Hope this helps,

H

[cosalt]

Thanks, thats exactly what I thought

[Guest suziedarkness]

Thanks for that guys, I need to clarify why they cant do that for when I go back to court. Just hope its good news for me.

 

Suzie:)

[heliosfa]

hello hello Suzie, just thought I'd pop in and see how your saga with BH is going?

 

We've just got back some nice info from then re. a secret commission that they paid to the broker that sold my OH the car & loan.

 

I'm just thinking that it might be worthwhile you asking your broker if they were paid any extra commissions outside of the "acceptance fee", or see if the court would order disclosure of this info from BH.

 

If they have paid secret commissions, it might open a few more doors for you

 

H

[Guest suziedarkness]

Ok, here is an update on this.

 

Car was collected by BH representative about 4 weeks ago.

 

My allocation questionnaire has been sent back and now I have had another court date sent out. This is for a Directions hearing.

 

Could someone please explain to me what exactly a directions hearing is and what I can expect?

 

Many thanks

Suzie

[slick132]

A Directions Hearing is where the judge will briefly review the claim and defence and then decide how best to proceed.

 

Eg, the claimant should file their evidence by xx date and the defendant must respond by xx date. The Directions will also specify the exact nature of the submissions required by the court.

[Guest suziedarkness]

A The Directions will also specify the exact nature of the submissions required by the court.

 

Thanks slick but what exactly does this mean?

 

My defence and witness statement was filed before the preliminary hearing. Thats why the judge said that it needed AQ's (incidentally the judge said to me that he would look out for my interests!)

 

BH obviously thought that when they attended court initially, it would be all done and dusted. How wrong they were!

 

When I filled in my AQ I was told to tick yes to mediation, which I did and also, put a bit in there about BH's claim not being particularised? I really dont have a clue what this is. Does it mean that BH should send me a breakdown of how they have calculated their claim?

 

Suzie