Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3290 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Back in May 2009 I bought a used car using a 2 year Hire Purchase finance deal provided by Blackhorse. Unfortunately the car (a Volvo) broke down almost immediately and declared 'not reparable' by a Volvo dealership garage. Spent one year trying to come to some understanding with Blackhorse but got nowhere so the matter was referred to the Courts (in the mean time I kept paying Blackhorse until May 2010).

 

My Claim included the rejection of the car and a demand for sustained costs and losses. The Claim was awarded in full by default against the dealer that sold me the car.

 

My Claim has been since satisfied and, in November 2010, the car registration documents were returned (and accepted) to Blackhorse's Solicitors, (the car itself has been under their custody since August 2009 when they requested the car back to obtain a 2nd inspection by an independent garage. A garage report was never produced nor the car was ever returned preventing me from fixing thecar myself). I was fully satisfied by the outcome of the Court case and I was willing to close all proceedings.

 

Recently I have realized that Blackhorse has blacklisted myself and my wife with all the credit reference agencies. This is causing my family a great deal of distress and financial difficulties. Again I have tried to talk to Blackhorse but got nowhere.

 

Clearly this situation is not tolerable any longer. What can I do next?

Edited by Duca
corrections
Link to post
Share on other sites

Hi Duca

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved to correct forum.

Link to post
Share on other sites

Hi Duca,

How do you mean ''black listed''?

Was this a joint account?

What exactly do the CRA files state.

There is actually no ''black list'' in regards

CRA files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Brigadier,

Sorry for the inaccuracy.

The record shows a default of about £3500 with regards to the Blackhorse HP finance account which is about the amount outstanding at the moment I stopped making payments and started Court proceedings.

Link to post
Share on other sites
Hi Brigadier,

Sorry for the inaccuracy.

The record shows a default of about £3500 with regards to the Blackhorse HP finance account which is about the amount outstanding at the moment I stopped making payments and started Court proceedings.

 

So the dealer lost the case and BH had the car back??

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Just a Quick reply you need to do a subject access

request under the Data Protection Act '98 to get

all the information from Black Horse there is a statutory fee

of £10.00 to pay, BH have 40 days to comply.

I suggest you take a look at the templates in the CAG

library and amend to suit.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi,

I have adapted the template and I'm ready to post.

I'm a bit confused about the very last line in the template..."sign your name but putcrosses through it so it can't be 'lifted' ".

Excure my ignorance in the matter, what exatly means? Stopping them copying my signature?

Will the signature be still valid if visible through crosses?

Link to post
Share on other sites

Ignore that, it has been alleged that

in the past some DCAs have lifted signatures

on CCA requests, not relevant here.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • 2 weeks later...

Hi Brigadier,

 

I have just received a parcel with hundreds of documents from Blackhorse in response to my request.

What my next step should be?

Link to post
Share on other sites

Trawl through them all and see what

they have provided.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • 2 weeks later...
Trawl through them all and see what

they have provided.

 

Hi Brigadier,

manged to go through the hundred of pages they provided. Most of those pages are copies of letters I wrote to them and their replies.

There are about 60 pages of screen-print-out of notes on their system. I crawled through those with some difficulty as text is full of coded words and abbreviations.

 

Sept 2010 found a note regarding the fact that I won the court case against the dealer but I still owe them the balance due, therefore adverse credit should be recorded on my credit file until I pay up.

 

Oct 2010 another note about writing off remaining balance and getting in touch with dealer to retrieve and sell the car.

Next note the car is lost. Nobody knows where it is. The note states “XXYYXXX (the car numberplate) NOW ON HIGH RISK”

 

In one of the latest annotations they restate that the case was lost by the dealer not by Blackhorse therefore the balance is still due and will keep recording with CR until balance is paid or CR info expires.

 

No other information provided.

Edited by steven4064
Link to post
Share on other sites

Seems very odd that BH let the car stay with the dealer

if it was security for the loan/hp.

I am honestly not sure how you stand on this.

I'll see if anyone else on the team can help.

 

Site team alerted.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

If the SAR contains codes/abbreviations, then you should have been supplied with a list that decoded them for you.

 

Simply write and ask for them to explain these or provide you with a list so you can understand your SAR properly.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
If the SAR contains codes/abbreviations, then you should have been supplied with a list that decoded them for you.

 

Simply write and ask for them to explain these or provide you with a list so you can understand your SAR properly.

I think I might just send one of my gently worded missiles to the OFT who should be making it clear that all information requested

under SAR must be clear and readily understandable by the recepient, guidance needed imo.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
I think I might just send one of my gently worded missiles to the OFT who should be making it clear that all information requested

under SAR must be clear and readily understandable by the recepient, guidance needed imo.

 

SHould that be the Information Commissioner, Brig ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
SHould that be the Information Commissioner, Brig ?

 

Should have been both CB

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • 2 weeks later...

Hi All,

 

As adviced I wrote back to Blackhorse on the 7th of February requesting a decoded version of the info they provided. So far there has been no acknowledgement and nothing has been received. Since my original request on the 10 of January 2012 have now elapsed 42 days.

Link to post
Share on other sites
Hi All,

 

As adviced I wrote back to Blackhorse on the 7th of February requesting a decoded version of the info they provided. So far there has been no acknowledgement and nothing has been received. Since my original request on the 10 of January 2012 have now elapsed 42 days.

 

Send them a strongly worded reminder headed formal complaint and mention a report to the ICO.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • 2 weeks later...

Done that. This is the text of my last letter:

"Dear Sir/Madam,

 

On 10th January 2012, under the Data Protection Act 1998, I wrote to you with a Subject Access Request.

On 20th January 2012 you replied sending copies of the correspondence that has been generated with regards to this agreement and the related court case which I already have. The information you hold on your systems, that would have been new to me, came in a very coded format that is impossible to read and understand.

I wrote to you again on 7th February 2012 asking for a simplified version of this information but my request has been ignored.

This is my last request for this information and if it is not received by Friday 2nd March 2012 I will report this case to the Information Commissioner's Office.

Regards"

 

This letter again has been ignored.

Is there anything else I can do other than report to the ICO?

Link to post
Share on other sites

Send the letter again, this time addressed to

the DATA CONTROLLER , marked private and

confidential.

Copy to the ICO.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • 2 weeks later...

Finally after writing to the ICO (only the day before yesterday), and only 64 days after my original request, yesterday I received the decoded text of the information Blackhorse holds on their systems.

 

Strikes me that their intentions were to sell the car and write off the remaining balance but...the car is lost!

 

Note on 14 October 2011 states “I believe that the car has been at either the dealer's or third party garage for a good couple of years. Therefore we could take it possession on last payment received 18 May 2010 for £285 on the grounds that it has been abandoned”. ( I authorized only Blackhorse to remove the car from the Volvo garage fro a second inspection. At one point the dealer tried to collect the car but was turned away. The car was never returned nor I was informed of the whereabouts or even presented with a garage report!).

 

Carries on to say that the car can't be traced. The garage has either gone out of business or is unwilling to release the car. Same with the dealer. They recognize that have no legal option but to “look to write off code 12”.

 

Note on 19 October 2011 states “Write off authorised. Bad debt write off £3550.

 

Note on 24th Nov 2011 - Following a formal complaint to the Chief Executive they restate that Blackhorse considers the balance still due and will record this as such with Credit Reference Agencies until balance Paid or Credit Reference Agency information expires.

Link to post
Share on other sites
  • 1 month later...

Has any atempt been made to trace the car using

the data from the V5 form?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...