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    • calm down and stop panicking about a nothing burger. itll work itself out. more later, you've done no lasting 'damage' 
    • Hi All,   I was going to post an update after a month had passed since I sent my SN but didn't get around to it, after about two weeks I received a letter from Highview letting me know the opportunity to appeal had been missed, Shame, lol! .... Anyway, on Sat 13th (the 13th! Aaarggghh! 🤣) I received a Claim Form from DCB(L) .... seems they wish to pursue the matter through the courts! These people really are tiresome ....   Details to follow ....   (EDIT: just noticed this is the 13th post as well! .... not that I'm superstitious, lol! 😂)
    • I think I might have had a CCJ but it was way longer than 7 years ago and I have been able to apply and get loans, credit cards etc. I have been pretty fine with my finances until now, until this mess I managed to get myself into this year   There is nothing showing on the TransUnion credit report about an old CCJ. Is there another place I can look to see if there was one and if so how long ago?  I have signed up to TransUnion and on there it says (in Search History):   ORGANISATION PURPOSE DATE Transunion Consumer Id Check (Ml)   Identity Check for Credit 15 Apr 2024   Nationwide Building Society (Sr,Tac,Ct,Cval,R) Nationwide Building Society Bav (Cval Ml) Anti-Money Laundering 11 Apr 2024   Monzo Bank (Cosmos, Cr, Sa, Ar, Ct Batch) Monzo Bank Limited 2 (Cosmos Ar) AF 10 Apr 2024   Monzo Bank (Cosmos, Cr, Sa, Ar, Ct Batch) Monzo Bank Limited 2 (Cosmos Cr Bsb) Quotation Search 10 April 2024 I think AF means a financial association with someone or something, but I have just read that that could be something as simple as sharing an address with someone (which I do).    Public Information Details of any Bankruptcies, Insolvencies or Court Judgments that are in your name in relation to settlements of money. Bankruptcies and Insolvencies You do not have any Bankruptcies or Insolvencies on your credit report. Judgments You do not have any Judgments on your credit report. There are no Cifas markers registered against you. You do not have any Notices of Correction on your credit report. Does any of this make sense? I don't mean the information I have provided above, I mean why I am being rejected by every bank I have applied for, except Monzo (so far) Every loan I have ever taken out has been paid and settled on time, I have never missed payments on things. The only things I have outstanding at the moment are the ones I listed at the start of this thread when I completed the budget planner.    I have just checked Experian too and there is nothing on there about CCJs or any other suspicious or adverse info that would impact me like this, other than my present situation of course.   Bankruptcy, CCJ or IVA This includes court judgments (CCJs), debt relief orders, bankruptcies, individual voluntary arrangements (IVAs) and other public records recorded against you. You have no public records. GAIN (Gone Away Information Network) Lenders use GAIN to tell each other about customers with unpaid debts. If in the past you’ve left unpaid debts when living at a previous address, you may appear on GAIN and so lenders may be less likely to give you credit. You have no GAIN records.   Should I go to see the CAB or something? I just don't think I have the strength or brain capacity to deal with all of this. The mess I have gotten myself into is bad enough and now this on top. My head hurts. What should I do?  It's all very horrible, I feel genuinely scared and stressed because of all this. I don't understand what is going on    I have raised a dispute with Santander to see if they have done something. I have just explained my situation, what is happening and that it all seems to have started when I told Santander I was struggling, had approached StepChange and transferred my direct debits etc to Starling. It was all going well with Starling, I actually really liked it, but now everything has just gone to !!!!!! and I feel sick to my stomach  
    • have you got any more historic defaults or CCJs (Say, in the last 7 years) that you think would still be showing on your credit record? Something's not adding up here.
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Black Horse repossession fiasco


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My car was financed by Hyundai Finance but in the small print it said Black Horse. All was well until redundancy struck. The mortgage was more of a priority and the car payments got in arrears. Nothing was received from the finance company except for the occasional letter sent with additional charges added on. Out of the blue on Saturday lunchtime just over week ago two guys acting as agents for BH came to repossess the car (which was parked on our driveway). We argued we had not received any default notice or repossession order. Of course we were not able to contact BH as it was a weekend. After arguing for a while the guy said you might as well save yourself a lot of trouble and hand over the keys as we're going to take it anyway. Not wanting to make a scene in front of the neighbours we handed over the keys (after removing our belongings). We subsequently realised if we hadn’t handed the keys over he couldn’t legally take the car from private property, but it was too late then. The guy said if you sort it out with your finance company the car can be returned to you. On the Monday we phoned BH. At first they were unwilling to accept anything less than all the arrears but eventually said we could pay half and the rest over the next 6-8 months. Somehow we scraped together the money as we were now both in employment (and my partner had just received his first month's pay).

 

Despite requesting that the car not be sent to auction and held for a week until we had settled, the car was sent to the auction site on the Monday. We paid half the arrears and arranged to collect the car (90 miles away - they would not return it to us). On picking up the car from the auction site I discovered the car tax was missing and there was some damage to the car (scratches to the paintwork etc). We are now going round in circles as BH are saying it’s the auction company that is responsible as the delivery notice provided by the recovery agent had no mention of damage to the car. I believe that BH are ultimately responsible as they are in control - they instructed the agent to recover the vehicle - and a report on the condition of the car should have been done before it left our possession. Where do we go from here as we are passed from pillar to post and are getting nowhere. I am thinking of obtaining an estimate for repair and claiming it from BH. I also want to send them an SAR as every time we ring we get a different story.

 

Incidentally we have since found out that we were less than £30 short of paying a third of the value of the loan at the time the car was repossessed. I believe that is why we never received any default notice as this would have clearly shown and we would have had the opportunity to pay a small amount in order to go over the threshold of repossession without a court order.

 

Any advice gratefully received.

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The fact that they did not serve a default precludes them from enforcing the agreement, this includes repossession. So in reality that had absolutely no right to touch the car in the first place.

I also think that you would still have a case for breach of Section 92 as you were coerced into giving consent so the consent was not actually a real consent as in United Dominions Trust (Commercial) Ltd v Ennis [1968] 1 QB 54

 

Whether you have got the car back or not is irrelevant as the fact that they repossessed it in the first place will stand regardless of what happened after that.

 

Yes I'd definitely go with the SAR option to see exactly what they have on you and if there ever was a default notice.

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  • 4 weeks later...

Hi,

 

Thank you for your reply. The SAR request proved interesting reading. We had all the paperwork through recently.

 

They provided copies of default notices allegedly issued, but these would be easy to generate after the event. It's their word against ours whether we received them in the post or not. They also allege they called out a few months previously and the recovery agent spoke to me and handed me a card. I would certainly recall this if it had happened, but it certainly didn't. The whole thing is made up of fabrications. Also there appears to be a forged signature on one of the documents though not on the credit agreement.

 

I think it's time to take legal action. We are already pursuing them for damages to the car while it was repossessed. Will keep you posted.

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