Carcraft/blackhorse/CLfinance PPI

[Nagasis]

Hi, im trying to help my sister out so here goes..

 

They (my sister and husband) bought car in 1998. He lost job a year later and had the car returned. He still owed app. £9k after they took the car back (for an escort). The agreement was with chartered trust (who is now blackhorse) and they have sold the debt to CL finance. The amount still owing is approx £2000.

 

Now a couple of months ago I requested a cca and they complied Agreement . however they noticed PPI on there for approx 2300. Having looked at this and listened to them they were unaware that this ppi was additional cost.

 

Carcraft stating when they got the car it was included in the loan. They didnt get a policy and basically new nothing about it. (it is posible that when he lost his job he was covered by the ppi but has no idea as they have never seen a policy).

So as it stands we think the ppi was misold. I am unsure as to the next step as technically the ppi has not been paid (as £2000 is still outstanding and being collected by CL Finance). We have told cl finance that what is outstanding is misold ppi and will not be paid. if they want it they can collect off blackhorse or carcraft. Cl finance sent it on to blackhorse who state they do not accept responsilbility as they did not sell the PPI and passed it on to carcraft, until now we have heard nothing from carcraft.

 

Now as far as we are concerned we do not want to reclaim it off carcraft and then pay off cl finance. we simply do not want to pay cl finance the £2000 outstanding. Is this the way to go?

 

So far the letter are:

Agreement - http://i744.photobucket.com/albums/xx89/nagasis/agreement1.jpg

 

Blackhorse stating they didn't sell the PPI so bugger off.[url=http://i744.photobucket.com/albums/xx89/nagasis/agreement1.jpg][/url] http://i744.photobucket.com/albums/xx89/nagasis/bh1.jpg

 

Carcraft stating it is statute barred: http://i744.photobucket.com/albums/xx89/nagasis/carcraft1.jpg

Edited January 11, 2010 by Nagasis

[Nagasis]

little update.

 

Heard from Carcraft. They state statute barred so go away.

 

Have responded that as the PPI on the agreement was first seen in december 2009 under section 14A of the limitation act, an action can still and will be brought. Obviously they think i'm dumb .

 

Further more as the carcraft employee deliberately mis informed them by stating it was all included and not giving them any policy or information then an action will be brought under the misrepresentation act 1967 and fraud act 2006.

 

they have 14 days (which they won't respond or think i'm bluffing)and I will file with local cc

.

 

I will start on draft poc's in the next couple of days.

 

Have also told cl finance to go swivel, if they want their cash go see blackhorse or carcraft.

 

Its been a while (well six months ) since I issued against someone and I'm looking forward to it. Tesco and united utilites thought I was bluffing until they got slapped with a ccj.

Edited January 11, 2010 by Nagasis

[Nagasis]

Ok I need to move on and although I'm still waiting to hear from carcraft I suspect their response will be the same... bugger off statuted barred. It is not statute barred as the first time they saw the completed agreement was december 2009.

The agreement was signed blank and it was completed after they had left the showroom. They had been kept in there for hours. The carcraft employee stating 'just signed here and you can go, i'll fill the rest in later'. There is an X where he was required to sign.

 

So..

I'm now certain its carcraft that I have to pursue and I don't think the FOS would be interested as it was in 1998.

 

I would normally SAR carcraft but what could they provide me if I did? I have the agreement and most of the PPI is still outstanding to cl finance/lewis so i'm not looking for any payment history.

 

Lewis have threatened court action if it isnt paid.

 

Any help would be nice

Edited January 11, 2010 by Nagasis

[postggj]

I Would Very Much Like To Take This One On

 

For A Start Its Down To Blackhorse, Not Carcraft

 

Now Ime Going To Be Realy Nasty As Its Clueless And Lewis

 

Do They Own This Debt

Has It Been Assigned To Them ABSOLUTE

 

AND WHEN WAS IT ASSIGNED

[Nagasis]

I Would Very Much Like To Take This One On

 

For A Start Its Down To Blackhorse, Not Carcraft

 

Now Ime Going To Be Realy Nasty As Its Clueless And Lewis

 

Do They Own This Debt

Has It Been Assigned To Them ABSOLUTE

 

AND WHEN WAS IT ASSIGNED

 

Thank you post gg. Yes CL Finace are the creditor and it was assigned to them 25th January 2005.

 

Here is the letter: http://i744.photobucket.com/albums/xx89/nagasis/assigned.jpg

 

they also confirm in a very recent letter when asking for the agreement that they (cl finance ) is the creditor here http://i744.photobucket.com/albums/xx89/nagasis/clf1.jpg

Edited January 11, 2010 by Nagasis

[postggj]

May I Ask When The Last Payment Was Made To Blackhorse

[Nagasis]

May I Ask When The Last Payment Was Made To Blackhorse

 

16/12/04

[postggj]

So Its Not Statute Barred As These Cretins Are Trying To Maintain:D

 

How Do You Want To Play This

 

ITS SIX YEARS FROM 16/12/04

 

BUT ITS CLUELESS AND LEWIS WE ARE GOING TO HANG OUT TO DRY

[Nagasis]

So Its Not Statute Barred As These Cretins Are Trying To Maintain:D

 

How Do You Want To Play This

 

 

quickly as possible .

 

I'm not afraid to issue proceedings or anything like that if that helps.

 

I have wrote to both cl finance and lewis and carcraft.

 

do you want to see these? . If it is clueless and lewis then I may have made a booby with carcraft

 

Edit i might have made a booby full stop

[postggj]

What You Have To Remember Is Clueless And Lewis Are Now The Creditor By Right Of Assignment

 

Blackhorse Will Say Go To Clueless But You Can Sar Blackhorse

 

I Need To See The Docs You Have Sent

[Nagasis]

What You Have To Remember Is Clueless And Lewis Are Now The Creditor By Right Of Assignment

 

Blackhorse Will Say Go To Clueless But You Can Sar Blackhorse

 

I Need To See The Docs You Have Sent

 

ok thanks postgg. will scan up.

 

do you want me to post them here (as carcraft will receive it 2moro and lewis received theirs today by fax) or does it not matter?

[Nagasis]

some info removed

Edited January 14, 2010 by Nagasis
personal info removed

[postggj]

You Do Know That Cl Finance And Lewis Are The Same In All But Name

 

The Only Thing Missing Is There Muppett Solicitor Cohen

[Nagasis]

You Do Know That Cl Finance And Lewis Are The Same In All But Name

 

The Only Thing Missing Is There Muppett Solicitor Cohen

 

no i didn't know that but found it strange they had similar addresses. now i know why

[postggj]

Check Back Tomorow And Ill Compose A Letter For You To Cut And Paste With

 

It Will Give You An Idea

 

Dont Be Surprised Clueless Will Drop This Account Like A Hot Potato

[Nagasis]

Check Back Tomorow And Ill Compose A Letter For You To Cut And Paste With

 

It Will Give You An Idea

 

Dont Be Surprised Clueless Will Drop This Account Like A Hot Potato

 

 

thanks postgg. much appreciated

[Nagasis]

Just alittle update.

 

Have SAR'd blackhorse today using the template in the stickies. Have also added in that we want all info regarding the paying of commissions whether to them or from them.

[Nagasis]

Check Back Tomorow And Ill Compose A Letter For You To Cut And Paste With

 

It Will Give You An Idea

 

Dont Be Surprised Clueless Will Drop This Account Like A Hot Potato

 

hi postgg, do you have that letter to hand at all, thanks ?

[Nagasis]

Check Back Tomorow And Ill Compose A Letter For You To Cut And Paste With

 

It Will Give You An Idea

 

Dont Be Surprised Clueless Will Drop This Account Like A Hot Potato

 

shameless bump

[Nagasis]

bump for postgg

[Nagasis]

ok.

 

I will be putting up POC@S shortly against carcraft as they are the broker. I will then if that fails pursue CL Finance.

Edited January 17, 2010 by Nagasis

[postggj]

no probs

 

ill do the letter later tonight

you just have to keep knudging me as the amount of threads i have on the go

[Nagasis]

no probs

 

ill do the letter later tonight

you just have to keep knudging me as the amount of threads i have on the go

 

Thanks

Edited February 17, 2010 by Nagasis

[Nagasis]

Update:

Have received sar from Blackhorse.

Nothing on PPI.

However recieved statements which show debt was written off in 2000.

Also even if the debt was not written off the NOA balance that CL Finace claim was owed is £500 more than what it should have been.

 

Also seems like they paid a secret commision to a carcraft employee.

 

So as it stands, there is so much wrong with this account from misold ppi, secret commision, debt written off then sold 4 years later, cl finance adding £500 on to balance for the hell of it.

 

I am wondering which track to take. I think my options are:

1) reclaimPPI - still on going al though everyone has gone quiet.

2) Pursue the implications of secret commisions

3) reclaim all monies paid since oct 2000 as debt was written off and has shown a 0 balance since oct 2000.

 

 

 

 

Edited February 18, 2010 by Nagasis