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Blackhorse car finance / guarantor


Rob1111
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Hi, I agreed to be guarantor for my son in his purchase of a car. To cut a long story short he has defaulted on the finance, has received default notice and debt on being chased by the second dca, lowelss (was apex). The outstanding balance is around 8000.

 

The dca write to my sons address but my name. I signed the original agreement. My son is In terrible financial trouble and has written to blackhorse asking them to terminate the agreement and collect the car although they havent done so yet.

 

He's over half way through agreement but because of arrears I am not sure if the opportunity to hand car back with nothing else to pay will stand (of course he'll have arrears tocpay).

 

I no longer work because due to illl health and I wonder where I stand on this.

 

Will they pursue my son first, then me, or are they thinking they are pursuing me by writing to me but at my sons address? Any advice would be greatly appreciated. Thanks

Edited by citizenB
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I thought it was illegal to sell with hp on it? The car is probably worth half of what he owes. He was paying apex 500 a month for 6 months and it barely covered interest fees charges (although we didn't realise this until now)

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Wait. This is the 2nd DCA? What happened with the first?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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That sounds very suspicious. Remember this. DCA's have NO legal powers at all. Never pay them unless they own the debt.

 

Keep harassing Blackhorse to start a repayment plan. If they ignore you or fob you off, then its more ammo to use in court. Lowells are well known to buy bad debts. Meaning they only normally deal in debts that have something wrong with them, and they harass the debtor to the point where they feel that they have to agree just to get the DCA off their backs.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It could do yes. But you need to show that you have tried contacting blackhorse regularly and they have ignored you. If you ignore it completely, it could get worse. For example, if there is a few thousand owing on the car, and either of you own your own home, they could get a CCJ and get a charging order on your home.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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During this whole process my son has sent four letters to blackhorse requesting statements, and asking for termination of agreement with collection of vehicle and he's not had one response. Will just keep pursuing them and keep opies of everything

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The 4000 paid to apex we have no idea what's happened to it until we get the SAR. But I would assume not as lowells say 8245 still owed. It's frustrating I've been reading so much about dca's that I wished I'd have know six months ago

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Apex were probably just acting as Collection agents on behalf of Blackhorse. Do you know if Lowells have purchased the debt ?

 

If so, were you sent a notice of assignment either from Lowells or Blackhorse.

 

When did you send hte SAR. Did you send it by a tracked method - has it been signed for - has your cheque/postal order been cashed ?

 

To confirm if a postal order has been cashed telephone.

 

08457 22 33 44 (option 5) . If yes, then ask them to confirm in writing.

 

To establish the ownership of the account send Lowells the following letter, amend where necessary.

 

 

 

Draft request for assignment - Amended Draft.doc

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

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Not been sent any paperwork from blackhorse, and absolutely nothing from apex. Apex banked two £10 cheques meant for SAR but nothing was forthcoming. We've now sent an SAR to blackhorse direct sent recorded delivery. Lowells ring constantly despite my telli g them I will only commucate by letter although for some reason they won't write to me. Thanks, will use this letter and get it sent.

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You need to contact Apex and insist that they provide the information requested. The £10.00 was the legal fee for the SAR and is to be used for no other purpose.

 

Either they return the £10.00 x 2 to you or you should make a complaint to the Information Commissioner.

 

It is your legal right to have communication in writing - and Lowells are breaching OFT guidelines by refusing to communicate to you in this manner.

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

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