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Blackhorse terminate and then reinstate


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You only have 2 real choices here: Pay it or lose it

 

Pay them for the non compiant period or come to a good arrangement with them, especially if you wish to keep the car?

 

If not hand back the vehicle and try and negoiate as i have suggested.

 

The only other solution would be to remove the car from the area for a while and hope for the best, but this isnt the best answer. If you dont do anything they will arrange to snatchback from you - be warned!

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What's strange is the fact that they haven't sent anymore court papers or any repossesion notices all we get now are default notices. When I ring Blackhorse they then apologise and say sorry they shouldn't have sent the default notice as the agreement is terminated, they don't seem to know either whether it is live or terminated, that's why I came on here for advise, not to be criticised.

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Is there anyone who knows what would be the best thing to do regarding this issue?

I haven't had any replys since I got accused of trying to pull a fast one, I would just like to say I honestly thought as they sent a faulty DN and then terminated on the back of that DN they could only claim the arrears not reinstate the agreement and withdraw their actions which is what I have read on here.

Advice would be a great help.

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Obviously no one is willing to help, so thanks to one persons opinion I'm being blanked, lets hope other new caggers don't get the same treatment.

 

"ok"

 

what is wrong with the default notice?

 

cab

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i take it you may be referring to me

 

I give my advice and opinion with the best of intentions, and in your case you gave me the strong impression that you were simply looking for someone to show you how to avoid your responsibilities.

 

If you gave ME that impression- it is a safe bet that a judge might also take that view- the more so since from what you posted- it would seem that the creditor seems to have been bending over backwards to correct their mistake and assist you,

 

the benefit of my advice and opinion to you- uncomfortable as it might have seemed- was that it cost you nothing to receive it.

 

which could be totally different from the situation you might find yourself in if you put your argument in front of a judge as you put it on this thread

 

If i have misinformed or mis-advised you- there are plenty of caggers that would immediately put a different point of view to mine - such is the strength of this forum- and we disagree with each other in a spirit of mutual learning and understanding therefore i am sure that the lack of response to your plight is more likely to be due to what you have posted rather that what i have advised.

 

you could try hitting the triangle to alert the site team to get more help if you feel that you need more input .

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Hi Everyone

I'm a new cagger but am hoping someone can help. I'll try and be Brief we sent Blackhorse a CCA request, which they did not respond to so account went into dispute. During the non compliance period they sent a default notice (which included charges and interest) and then terminated on the back of this default sending court papers for repossession of vehicle.

I wrote to the company explaining that they were doing all this while the account was in dispute but excepted the termination. They eventually sent the CCA and default notices followed as though the agreement was still live. After various letters to blackhorse they agreed that they acted wrongly and that the first default and termination were invalid so they have withdrawn it so now the agreement was still live.

I sent all documents to the FOS explaing asking how can they just reinstate the agreement after termination. The FOS adjudicator has stated that even though the default, termination and court proceedings were invalid it would be unfair on the business to have no claim to the vehicle and the agreement is live as it was before.

 

Please can someone explain this as I have read on here that once an agreement has been terminated the business cannot treat the agreement as live.

 

thanks:-?

 

looking back at post 1

 

1. they sent a default notice (which included charges and interest)

"thats a no no" a default has to be accurate (arrears only) no extras

 

2. terminated

and you accepted. the pope could'nt even give that the kiss of life (its dead)

 

3. sending court papers for repossession of vehicle.

if you have paid more than a third then they would need a court order but you paid £5000 out of £8000 which is more than half, "repo" i dont think so

4. After various letters to blackhorse they agreed that they acted wrongly and that the first default and termination were invalid so they have withdrawn it so now the agreement was still live.

i agree with vjohn

 

5. The FOS adjudicator has stated that even though the default, termination and court proceedings were invalid it would be unfair on the business to have no claim to the vehicle and the agreement is live as it was before.

do we really give a to$$

 

if you can back yourself up " it dont look to bad for you.

 

cab

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Obviously no one is willing to help, so thanks to one persons opinion I'm being blanked, lets hope other new caggers don't get the same treatment.

 

Is your intention to p*** off other caggers? We've just come off the weekend where many people choose to spend time with their families and doing recreational activities.

 

Do you think some of us sit here waiting anxiously for your next post or anyone elses? I help as many people as I can which is why I have more green pips than you and considerably more posts. I have also had considerable success with certain cases and I'm the type of cagger that could be useful for someone in your situation. But your arrogance offends me.

 

If you want some quick advice go and see a solicitor, you won't be getting help from me simply because of your attitude.

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I would like to apologise to all caggers if I have come across arrogant and upset anyone in anyway. Since being made redundant we have been under a lot of stress and even though that is no excuse we just wanted some help. We have been to debt advise but Blackhorse and Welcome finance are the 2 companies we have been having a lot of trouble with.

 

Even the advisor we saw having looked at our case suggested that Blackhorse had terminated and they were the ones who advised us to go to the FOS.

 

After reading a lot of posts on this website I thought I would put our case forward for advise. It was not my intention to p**** off anyone so my deepest apology again if I have.

 

I too enjoyed a nice weekend with my children as well as visiting my mother's resting place, but the stress and worries don't go away.

 

Please please except my apology

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I know I haven't helped myself by upsetting people on here but would appreciate some help with this matter. We just need to know where we stand legally as they DN was invalid and they terminated on the back of it. I know i don't diserve any help but would appreciate it if someone could give us some advice as even the adjudicator at the FOS say because they have withdrawn their action then the agreement is now live and it would be unfair on the business to accept the termination.

 

please please any advice would be helpful if we have to pay then we will we only got into trouble when I became redundant and checked what the outstanding balance was which didn't add up with the payments we had made.

 

I will understand if I get no replies:(

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don't worry too much about it- this forum, by definition can be a forum full of stressed out people and it comes out in different ways

 

what i would suggest (IMO) is that you start a new thread and post up the DN agreement etc and start again from afresh as some posters may have unsubscribed to your thread- then pm the site team and ask them to delete or close this one- that way you will get more response i think

 

dont keep apologising- its in the past

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