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Black horse and 4 termination letters


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I had an unregulated loan for a car that was repossesed last year they are now pursuing me for £10k balance I have recd a court claim and replied with cpr31.4 aksing for better particulars of claim and have put in an embarressed defence on the back of it defending the whole claim

 

I had at least 4 notices to terminate over several months and I dont have a record of a default notice

Are DN relevant to unregulated loans and if they terminated 4 times have they unfairly rescinded the contract without giving me the chance to resolve it

I will send SAR to find a DN

 

Any advice apreciated:-?

Barney

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I am by no means an expert on the matter, but as far as I am aware the creditor has to issue a default notice giving you a minimum of 14 days to remedy the alleged breach. Only then can they terminate the agreement. By terminating it in this way they are surely guilty of unlawful termination, and how, can they terminate one agreement 4 times?! :confused:

 

Perhaps someone with more knowledge/experience can clarify this.

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Do you mean unregulated or unsecured?

 

I'm not too sure on the old unregulated front, however your correct, no Default Notice means they have incorrectly terminated. I would take a look at this post.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-2.html#post2179695

 

Lots of good info here about Defaults and well worth a read.

 

If you get a default back then you will need to calculate the rectify date.

I used point 5 to calcultate my dates correctly.

 

What happened with the Car.

Who took it?

Did they have permission off you to take the car?

When they took the car did you sign a release document?

How much was paid off the car? 25% 50%?

 

I had my car repossesed a few years back but i signed an agreement for them to do so. If you did then they should have the information on their records.

£986 Recovery of overdraft fee's

Black Horse Defaults being chased for removal.

I hate creditors. They hide behind a vale of lies. They have no issues of preaching the law to you but can't handle it when you preach back.

They should all be kicked up the arse with a big boot!

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Do you mean unregulated or unsecured?

 

I'm not too sure on the old unregulated front, however your correct, no Default Notice means they have incorrectly terminated. I would take a look at this post.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices-2.html#post2179695

 

Lots of good info here about Defaults and well worth a read.

 

If you get a default back then you will need to calculate the rectify date.

I used point 5 to calcultate my dates correctly.

 

What happened with the Car.

Who took it?

Did they have permission off you to take the car?

When they took the car did you sign a release document?

How much was paid off the car? 25% 50%?

 

I had my car repossesed a few years back but i signed an agreement for them to do so. If you did then they should have the information on their records.

Hi Dave I was beginning to think I was fighting this alone til you came along!!

% dont come into it on unregulated so default is the route forward I think

 

The termination letters also are letters stating they are going to terminate Not actually terminating so I dont know where I am going at this time

 

Barney

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Deffo. I would send them a SAR and see what they provide.

 

Good luck and keep posting.

£986 Recovery of overdraft fee's

Black Horse Defaults being chased for removal.

I hate creditors. They hide behind a vale of lies. They have no issues of preaching the law to you but can't handle it when you preach back.

They should all be kicked up the arse with a big boot!

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  • 2 weeks later...

I have been looking at my agreement and the banks copy that I signed doesnt have the vehicle registration number or the VIN number

How does this affect the agreements enforcability

I have now recieved the Allocation questinaire N150 from the court and could do with some help to fill it in

Barney

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A couple of points here, as this is a Non regulated agreement the finance company have far more flexibility! They can just terminate it if that is what the T & C's state, as it isnt regulated under the CCA 1974!.

 

Regarding the fact that the agreement doesnt contain the VRM or VIN, was this a new car at purchase? if so there will be a sales order/invoice from the dealer attached which the finance company will have used to purchase the car on your behalf from the dealer, it may have been the case if it was new that the VRM & VIN werent available to the dealer at the time you signed the agreement, which wouldnt alter their security over the goods - sorry

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The car was second hand and VRN/vin were available there is a seperate invoice from the dealer but not with the agreement

I am simply looking for ways to handle this issue AQ to go in by 19th march

What about the 4 notices of intention to terminate but no actual termination notice

What should I be looking for to minimise my problems with them

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