Black Horse Finance Ltd

[royalscot]

Best o luck jan , I remember Black Horse well , i bought a kitchen from MFI and it was financed by Black Horse way back in 2000 , the payments never seemed to end although my kitchen and bedroom units only came to about £1200 , i eventually paid it off . The name Black Horse leaves a nasty taste in my mouth , when i saw your thread i had to look , dont be put off , the help youll get on here is brilliant ...its like a good book you cant seem to want to stop .....Good luck x;)

[AndyOrch]

140A Unfair relationships between creditors and debtors

(1) The court may make an order under section 140B in connection with a

credit agreement if it determines that the relationship between the

creditor and the debtor arising out of the agreement (or the agreement

taken with any related agreement) is unfair to the debtor because of one

or more of the following—

(a) any of the terms of the agreement or of any related agreement;

(b) the way in which the creditor has exercised or enforced any of

his rights under the agreement or any related agreement;

© any other thing done (or not done) by, or on behalf of, the

creditor (either before or after the making of the agreement or

any related agreement).

(2) In deciding whether to make a determination under this section the

court shall have regard to all matters it thinks relevant (including

matters relating to the creditor and matters relating to the debtor).

(3) For the purposes of this section the court shall (except to the extent that

it is not appropriate to do so) treat anything done (or not done) by, or

on behalf of, or in relation to, an associate or a former associate of the

creditor as if done (or not done) by, or on behalf of, or in relation to, the

creditor.

[jan78worsfold]

Thanks for your positive advice everyone, I will post again after I have been to the case management hearing. I never receive any month statements, no notification of the increase in arrears charges or interest rate changes, had no default letter although they say they have sent one but I have asked for proof of delivery and have received no termination notice. I will argue the fact that I have been put at an unfair advantage under S140A and let you know how I get on. Thanks again and especially Andy!

[AndyOrch]

Excellent Jan

 

So now you can argue the above facts,I cant stress enough the agreement being non cancable this must be raised at the hearing and be the centrepoint of your defence,along with the others above,along with any unfair interest and charges levied to said account.

Even if you were to lose you will get the opportunity to put this matter back on an equal footing and raise the above issues on how thses cowboys opporate,not to mention payments drafted to suit your case.

 

I wish you well with the CMC, keep us updated.

 

Regards

 

Andy

[jan78worsfold]

I just spoke to one of my lawyers at my place at work as I worked for a corporate law firm but he said with the distance selling regulations you have longer cancellation periods. He said that people buying over the internet rather than in the shop have slightly better rights. I recall having purchased something else from MFI but many many years ago and I do recall having statements from them on a monthly basis but with Black Horse they send them when I aske for them.

[AndyOrch]

Yes agreed but as you bought from the store the wrong agreement was issued,and should have only been signed wth acceptance of the Credit Consumer Act 1974 and also be cancable with a cooling off period.

 

Regards

 

Andy

[jan78worsfold]

Would this mean the agreement is unenforceable if they used the wrong kind of agreement, or can they still get round this?

[AndyOrch]

Well the T&C you agreed to be bound by were obviously not applicable to the sale, IMHO would render the agreement invalid,ie there was no distance selling involved nor timeshare:confused: Any agreement that does not provide a cooling offf period would render itself to the unfair relationship points i have set out above.This is something you can probally explore further and would need to convince a DJ.Perhaps run it by the CAB.

 

Regards

 

Andy

[jan78worsfold]

Thanks once again Andy