BH got a ccj on me without an agreement - i'd paid more than 50% + they have the car - Please help.

[DeRichleau]

This is the story...

 

My wife is 70% disabled.

 

We needed a car large enough to put her mobility scooter inside, but also automatic so she could drive it.

 

I took out an agreement which I beleived to be a Credit Sales agreement.

 

I paid a large deposit in cash and kept up the payments (honestly!) To this day

 

I still have no copy of the original agreement.

 

The salesman told me it would arrive in the post. (I said I was a fool) Did I read it? No not properly I suppose.

 

The retail company is out of business and the salesman has disappeared no matter how many phone calls I made no-one could give me any help.

 

I knew the time would come whe my wife's driveing days would be over. (She is now well over pensionable age and I am no spring chicken)

 

I decided to sell the car and buy something smaller and asked the company for a redemption figure.

 

To my amazement I found that the agreement was in fact a Hire Purchase agreement!

 

I am not allowed to sell.

 

I carried on making payments and have payed well over half the value of the car.

 

Meanwhile I started trying to negotiate with the company (Mistubishi-Black Horse)

 

They simply could not care less.

 

As my wifes health deteriorated so I could not work and so it became more difficult to keep up payments.

The company made more and more charges against me, and although I have only missed two payments they want over £2k.

 

I have decided to make a stand.

 

Yes I am an old Fool but if our marriage of nearly three decdes can withstand 23 medical operations,

I can put up a fight against these people.

 

They are threatening court action.

 

Can any body advise me. God bless you.

Edited November 25, 2010 by dx100uk
clarity

[dx100uk]

firstly, they have no legal powers to threaten anything, so don't worry.

 

as you have the agreement, you should have some figures in there that state the level of payment before the motor is yours?

 

if they have been charging you then fire off an SAR and get the statements for the A/C then put in a claim for them to be refunded.

don't forget add their interest rate & then add 8% stat int to that total.

iwould think that might well almost kill the balance?

 

dx

[DeRichleau]

No I never recieved an agreement. However the charges come to about £600, and they are late payment charges. When I wrote to them I had a reply with some figures, a reply from a firm of solicitors who are starting court action in about ten days, and a reply from Black Horse who have refused to refund charges. All of these have the same address in Cardiff, and I am wondering how genuine they are. I will have no option but to enter a defence and counterclaim if the start any action. I am well out of my depth, and worried for my wife, but prepared to try and fight for all that. Thank you so much for your reply and your advice.

[dx100uk]

right well ignore all the threats.

they wont go to court its just a clever play on words, esp their in house solicitors, yea i bet, bloke on the next desk!

 

what did you write the letter for the return of charges & did you inc interest on top.

?

 

 

dx

[DeRichleau]

Sorry DX nothing so complicated, but I'm learning from you! Thank you. Is there a template letter that deals with HP agreements? Your reassurance is very welcome

[DeRichleau]

No nothig so complicated DX. I am learning from you. Thank you for your support. Is there a template letter that deals with HP?

[dx100uk]

what for the charges?

i thought you had already sent one?

when was it sent?

 

and how did you arrive at the £600?

do you have all the statements?

 

oh and not got PPI on it have your [payment protection insurance]

 

dx

[DeRichleau]

Sorry DX I have not been clear. I sent a letter after letter to the company complaining about the way we had been treated. They ignored them. Finally they issued a default notice. I wrote back, questioning the figures on the default notice. They sent me an account statement, with over £600 in charges and interest. I questioned the charges, telling them that they were immoral and probably illegal. They responded by sending a solicitors letter threatening legal action, and followed it up with a dismissive letter alledgedly from the Black Horse telling me the charges were justified. All the letters, despite the leter heading were from the same address in Cardiff. I have no copy of the original agreement, (see my first post) so I have no idea weather the monthly payments include PPI.Thank you for taking trouble with me.

[dx100uk]

i would send a CCA request to black horse asap.

[use the search in the blue bar above or see the homepage]

time you did it formerly, if they dont comply in 12+2 working days then stop payments.

 

as for the charges, you CAN claim them back.

and you can add interest to that figure [however, you cannot claim back the interst they charged you unless it is solely interest charged as a result of unlawfully charges].

 

get that CCA in, if they cough, it will also tell you if you are paying PPI.

 

 

dx

[havinastella]

Hi Rich

 

Have a look at this thread,

 

This will give you all you need to know about BH and ****.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse.html?highlight=havinastella+black

 

 

Jogs

[DeRichleau]

You have all been very kind. I'll get on to this when my head stops spinning with all the info.

[DeRichleau]

I sent in the CCA not a word from them! What is the next move?

[cerberusalert]

They have 12 working days to provide it.

[DeRichleau]

12 working ays have come and gone. I am about to send them the second letter denying any debt. Does this mean that they are unable to enforce any agreement in court permanently?

[joemay]

12 working ays have come and gone. I am about to send them the second letter denying any debt. Does this mean that they are unable to enforce any agreement in court permanently?

 

You need to send the letter "Account in dispute", as they haven't provided you with the CCA. They are not permitted to take any action to enforce payment until they have provided you with it.

 

Should they provide the copy I would suggest you post it (removing identifiable details) so that peeps can have a look and check out if it's enforceable or not.

[postggj]

just jumping in

 

how long have you had the agreement

 

if you have paid more than half, you can do a voluntry termination on the agreement

 

we can sort out the charges issue also

 

after 14 days, you can legally with hold payment

 

i take it the request was sent by recorded delievery

[DeRichleau]

The only problem with termination is that we will be stranded without a car, and my wife virtualy housebound. As I first said I saw this time coming and thought I had a credit sales agreement, which would leave me free to sell the car and buy something smaller and better for getting us around now the mobility scooter is no longer an option, and my income has dropped due to increased careing commitments. I have paid well over half the cost and I feel we have been treated abominably. Since the CCA request I have not recieved a single letter, demand, or contact, and I wonder if tey ever recieved a contract I know I did not. You have all been brilliant and your kind comments have helped us through a difficult time. Thank you all. I will keep you posted of developments and send the letter that Joemay suggests. I am not tht good on computers so I'm not sure how to post the agreement if it ever turns up,but I'll do my best.Thanks again.

[postggj]

well some good news

 

if you have paid more than half of the agreement, you can voluntry terminate the agreement and owe nothing

[havinastella]

Did you look at the thread I posted?

 

BH never reply to you, they will MORE than likely have a valid agreement, they are very good with paperwork and THEY WILL issue court papers.

 

JOgs

[havinastella]

well some good news

 

if you have paid more than half of the agreement, you can voluntry terminate the agreement and owe nothing

 

As long as you are not in arrears!

 

Jogs

[DeRichleau]

So if they do take me to court, their default on the CCA is no defence then? However there is a good case for misrepresentation, and then there are the charges as well. I could ask my daughter to look after my wife and go to court and at least tell my side of the story. What about the Ombudsman? Would that be a viable option. I've read your thread Jogs and thank you for it. It has made me angry on your behalf, and furious about the way we have been treated.

[binski]

you can sell the car and pay off the balance as long as you pay off what you owe black horse from the proceeds of the sale so dont be fooled by these people if anyone can ruin your life BLACK HORSE can they ruined mine

[DeRichleau]

I'm sorry Binski. All the more reason to fight! Even if you lose you go down fighting. The more I read from all of you good people, the more this late middle aged old war horse gets angry on your and my own behalf. Maybe some one will come up with a solution,or a way of giving these **** some grief.

[havinastella]

Rich,

 

Don't get angry, get even

 

JOgs

[DeRichleau]

An update. No agreement, no reply other than a short statement telling me the account is in arrears. I wonder if this is the lull before the storm.