cca not signed by either party

[bexta]

I have a question which i think i know the answer to but not really sure about...

My black Horse car finance agreement was never signed by me or the company from which i purchace the car or Black Horse, What does that mean legally??

I signed an electronic pad thingy but my cca isnt signed at all nor has it been dated

[dx100uk]

even if it were un-en

the debt still exists.

 

bh are blind fleecers

go through that with a fine toothed comb

 

if you've got gap/ppi/ or any ins reclaim it!

 

dx

[bexta]

I completely understand that the debt needs to be paid, Im just unsure as to what my rights are as im in arrears with the payments now too after some financial difficulties, and i thought that as the agreement isnt signed that may help my situation with the default notices.

I luckily enough didnt get conned with ppi or gap insurance, and wouldn`t have been able to make a claim anyway as I wasnt workin a full time job at the time

SOOO confused

Edited August 31, 2010 by bexta

[bexta]

Im serously hurting my own head at the mo tryin to figure out all the whats ifs and whys

PLEASE CAN ANYONE WITH EVEN A LITTLE BIT OF INFO PLEASE HELP

I honestly am fearing for my own sanity and dont know which way to turn next

[dx100uk]

you said pural 'default notices' that OYY they can only issue ONE.

 

p'haps you mean default SUM notices?

 

if they are hitting you with charges [late/over limit or WHY]

you can claim all those back.

 

what are letters please

lets get these fleecers down a peg or two.

 

oh and type in black horse in our adv search and read up a bit

it will open your eyes and make you see a few things to look at in your own case.

 

we'll also need a wee bit more info on the l;oan and its history please.

 

BH can easily be defaeated they make SO many mistooks

 

dx

[bexta]

Thanx for getting bk to me....

HISTORY OF FINANCE:

Vehicle finance applied for april 09 online on the dealers website. Dealer rang me the next day telling me id been accepted and i could go and get a car. when i had chosen the car I went into the office and was asked for a £25.00 deposit which i would have returned the next day when i picked up the car.

I wasn`t asked for any proof of my job or income not even proof of my address, although i did have to show my Provisional licence, Which is why I was aked to pay the initial £25......?... I didn`t question this, who would though eh. I was just so excited at the prospect of my new car.

I was asked to sign an electronic thing and obviously thought that meant id signed the agreement and thought nothing more about it until the default NOTICE (just 1) was delivered, and i got out my agreement to read the t & c`s.

I have accrued quite a few arreas since last december, paying the monthly £142.49 installments as and when I could afford to, as I was unemployed from may last year to august this year.

Ive had numerous conversations with BH and was even told that I could put all my arrears to the end. they called this a WHOLE TERM AGREEMENT, which I agreed to not realising it woud send my my total loan over and above what I believe is an already massive amount for what I bought.

The cost of my 56 plate Ford Ka was £4,473.30. ( bargain ) with added fees the total amount borrowed is £7,021.73 (could have/should have had a brand new one )

I dont know how much intrerest im paying as it doesnt state anywhere on the piece of paper which they are trying to pass off as an agreement or which % i should be looking at because there are 2..

1) 26.3%

2) 20.85%

As I have already said the agreement hasnt got any signatures ( mine, the dealer, or the lender )

There is no date stating when the finance started, when the agreement was drawn up, or when the car was purchace.There is no signature on the direct debit guarantee page nor is that page dated.

I am being charged £30 for every late payment which I found is an average amount but I am also being charged default sums of £25 every time too. Will I be charged interest for these aswell?????.

They say the calls are recorded but everytime I have spoken to them my financial situation has had to be repeated. They seem sympathetic but are doing nothing to help. There has been only 1 occasion where they stated I could return the car but would still have to pay for it.

I have no intention of not paying for the car but at the end of the day this is their mistake not mine and I feel as if Im the one cheating them out of money/goods that aren`t paid for..I just want to get this crap sorted ASAP it is making me ill and I honestly dont know what to do.. If the car was given back I would DEFINATLY NOT give them another penny or another thought, But having said that I have to have the car because of work. The only job I could get at the moment is 15 miles away and I need to have the job to help pay this agreement. Either way Im stuck

[dx100uk]

every £30 and every £25 you can reclaim.

 

as for the rest of it.

 

i'd ping postggj if he's around

 

dx

[postggj]

morning all

hi dx

 

to answer your question

 

if the agreeement has not been signed by both parties then the agreement is unexecuted and can only be enforced through the courts. the judge will allways do this as long as all the perscribed terms are on the agreement, if any are missing, the judge is prohibited from enforcing

 

now is the agreement a hp

conditional sale or

fixed sum loan agreement

[dx100uk]

blimey welcome back

you seem raring to go post........

 

dx

[bexta]

Hi Post

I have to be honest here I have no idea what a prescribed term is

It states at the topleft hand side of the agreement just under the name and address of BH that its a Hire Purchase Agreement regulated by the CCA 1974

I have a feeling Im in for a rough time fighting this. If Im in the right here then why is it so difficult?

[dx100uk]

can i suggest you scan up all these doc you mention

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and

dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

[bexta]

Hi Dx

Unfortunatly it was pretty late by the time CAG came back to life and I have to get p early in the morning so ill edit the copy I have ( i have an original also ) when i get in from work and scan it in.

i have a pdf converter already installed so ill give it a go.

Thanx alot for this by the way

I have truley had my eyes opened reading some of the threads

thanx again

Bex

[dx100uk]

good

i thought reading those would help

 

don't worry between my 2 braincells and postggj's excellent knowledge

we'll get to the bottom of this

 

i'd start preparing a reclaim spreadsheet on all those charges too

that'll make you feel better as well!!

 

dx

[bexta]

Hya Dx

I got in from work today and found a response letter to my 1st initial letter ( I HAD NO IDEA THAT IT SHOULD HAVE BEEN RECORDED DELIVERY OR THAT A POSTAL ORDER WAS NEEDED OR ABOUT ANY OF THE STUFF I HAVE LEARNED IN THE PAST FEW DAYS ) had arrived ( only 2 days late ) the 12 days was up on sunday even though i didnt give them a time frame, Im assuming it would be known to them.... it reads

 

Dear Miss Jones

 

Thank you for your recent letter, which has been brought to my attention

I am currently investigating the points that you have raised and will arrange for you to be contacted once our investigations are complete

 

Yours sincerely

Elizabeth Tombs

Customer Complaints Adviser

 

Im quite put out that I received this but still at least I have been acknowledged even if they are in breach for STILL not providing my CCA

A second letter, which I found on CAG, has been sent this evening

Im feeling so much more positive with my current situation knowing that there are people willing to help

Much Respect (lol)

Bex

[bexta]

Also (im such a ditz ) you mentioned a spreadsheet for reclaims for the charges....

I AINT GOT A CLUE where to start:oops:

[bexta]

Going to scan agreement plz bare with me:|

[dx100uk]

Also (im such a ditz ) you mentioned a spreadsheet for reclaims for the charges....

I AINT GOT A CLUE where to start:oops:

 

try the homepage

or poss use the search above

 

you'll need to make a list first of the dates and charges

then see if they have hit you with interest on them

 

if not claim 8% stat inr from the date of EACH charge to your claim date

 

http://www.egalegal.com/compoundWindow.html

 

is useful

 

dx

[bexta]

I hope ive done this right,

I couldn`t upload the t & C`s it said it wasn`t able to

if its not there maybe easier to attatch the pages to an email.

[postggj]

Its a bit small

 

can you repost without thumbnails via photo bucket

[dx100uk]

try

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx