HP agreement legal?

[canucki]

Hi. I'll keep it short for the moment unless someone can help.

I bought a second hand car from a dealer. He offered me finance through Blackhorse and I signed on the dotted line.

He had all the Blackhorse posters etc. Blackhorse accepted my application and I drove the car away.

My question is. At the time he offered me finance, the dealer was not a licensed credit broker. Is my finance legal? Will Blackhorse come after me if I stop paying the finance? Blackhorse will not comment on the situation and just threaten me to keep making payments.

I've been told over the phone it is not enforceable but no body will stand up and say it officially.

In fact no body including Consumer direct will give me the answer in writing.

I will explain if somebody can help and if they need more info.

I'm not trying to welch on the agreement for no reason.

A couple of bad things have happened and I will explain if need be.

It's just that it is a long story.

Thanks

[raydetinu]

If he is not licensed, check with council, then anything done on the premises is not valid and you dont have to pay anything more, end of. The finance company will have to go after the dealer. and they may possibly appeal to get it validated. Si if you are sure that they do not have a licence then stop paying the agreement is unenforceable.

[canucki]

Thanks for the info.

What happened was a dealer who provided me the finance and sold me a car took the car back off me a year later because I wanted to trade it in for another one he had for sale. The trade in on the original car was valued at what was owing on the finance so he said he would clear the finance. .......He didn't. I am still paying finance on a car I no longer have. He did this to lots of people before the authorities got hold of him. He is now out of business and no longer trading. Local council and OFT who raided him say it is unlikely I will get my money off him due to the enormity of what he has done to so many people. (It has already gone to court and looks like I'm getting nothing back)

The OFT confirmed to me that he was an unlicensed credit broker at the time he sold me the vehicle. Blackhorse will not negotiate or even listen. So my last resort would be to stop paying for the car.

I'm just worried about bailiffs turning up or something like that. I was told it could affect my credit but i don't care as I do not normally have loans or credit cards. I just don't want people turning up on the door step if things get messy. Or it costing more money.

I did try a solicitor but he allowed Blackhorse to bully him to.

The solicitor said we would need to got to court and to be prepared to spend about £2000.00. I can't afford it.

Seems easier to walk away from the agreement and stick two fingers up to Blackhorse.

Blackhorse did acknowledge to the OFT that they realised he is not a licensed broker but they won't admit it to me and just threaten me if I do not keep up the payments.

[raydetinu]

Is he licensed now and was your agreement upheld by the OFT? If not you can safely cease paying as it will be unenforceble so BH cant send baliffs or anything without going to court first and they will loose due to above. It cant affect your credit as now credit agreement exists!

[smvtuser]

Section 149 of the CCA 1974 provides that any regulated agreement, where the debtor or hirer was introduced to the creditor or owner by an unlicensed credit broker, is unenforceable without a validation order from the OFT. You said the OFT confirmed that the broker was unlicensed - they may also be able to confirm whether Black Horse applied to have the agreement validated.

 

You could make a request to Black Horse under s77 for a copy of the agreement AND evidence that the agreement has been validated. If no validation exists, the agreement would appear to be legally unenforceable.