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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HP Car Arrears Black Horse - Credit Style


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Hi. Sorry if I posted in the wrong place I am a new to the site.

 

Please could someone help, very worried.

 

I have a HP Agreement with Black Horse for my car purchased in December 2009. I made all payments on time until September 2011. I then had payment difficulties and made an arrangement for reduced payments which ended in May this year. A representative from Black Horse was supposed to call to see me to discuss in June but never showed up. I called and text him several times but had no response. There was no further communication from Black Horse and then a letter from Credit Style arrived and the constant telephone calls started last month asking me to contact them regarding the arrears with Black Horse. I called Black Horse to ask who they were and they said Credit Style were now dealing with my arrears and BH could not help me any further. I asked why their representative didn't show up and they said he was on the sick and his manager should have called me to discuss but didn't. I pointed out that this was unfair to transfer my account without giving me the opportunity to discuss and was promised a call back by a manager but never had one.

Still being hounded by Credit Style I called them and the arranged to come to my house yesterday to discuss the arrears. Basically said pay the arrears in full and resume normal monthly payments or sign a Voluntary Surrender Authority to give the vehicle back which I dont want to do. He kept waving the form in from of me to sign but I signed nothing and after 2 hours told him enough was enough and to leave, they called me again this morning asking me to sign the VSA as there was not much time for me to think about it. If I did not sign it they would take me to court and come and collect the car. I called Black Horse again today but they keep saying deal with Credit Style.

 

Credit Style are calling me back on Monday expecting me to sign the VSA. I feel I am being bullied into signing the form.

 

Very worried and not sure what to do next.

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No I have not paid since May, I was trying to discuss further with them but they did not reply to my calls or turn up for an arranged appointment. Credit Style told me I have to pay £970 for 12 months, £487 monthly payment and the rest is the arrears repay. Now I can just about afford to pay the £487 installment but unsure about the arrears.

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Well Black Horse are impossible to deal with. They never answer letters and are known to play hardball and issue Court papers (Been there, done that)

 

Don't deal with the monkeys, deal direct with BH. They CANNOT fob you off and tell you to deal with credit muppets. Do NOT invite credit muppets back into your house and refuse to talk to them on the phone.

 

I would start paying the full amount plus any arrears you can manage ASAP, send BH a letter to that effect (recorded) explaining that you are resuming full payments and something towards the arrears. This shows willing if it goes to court.

 

You may want to try to bring the account completely upto date and VT as soon as you have paid half. You can't VT whilst in arrears.

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i wonder if you have any PENALTY charges/PPI too

 

how about an SAR if you dont have statements?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yep corect

 

might be useful!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi, you should write to BH stating you are able to make the monthly payments going forward plus a little towards the arrears, tell them you are aware of your rights in that they need a court order to repossess the vehicle and you will not be handing the car over to their agents under any circumstances. If you need help with the letter let me know and I'll affix a template.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Do you know exactly how much the arrears are? when is the agreement due to end ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You would really need to split the arrears over the remaining months of the agreement (although they aren't guaranteed to accept that) which wopuld appear to be 16 months, that would be an extra £375 per month!

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi. Thanks for the reply. There is no way I can pay the £487 plus spread the arrears over the remaining term. I was going to write to Black Horse and tell them I will pay £500 per month, commencing the last day of September onwards, which is the monthly payment plus a small amount towards the arrears and when my financial situation improves I will pay more towards the arrears. I have just paid £250 & will pay another £250 by the end of the month. Just hope they will accept this, can't really offer anything else at this stage.

 

When I met with their representative in my home in October last year I made the reduced payment arrangement and she said the arrears could be paid at the end of the agreement.

 

I did arrange another meeting with them at my home at the end of June but they didnt turn up!! I have also called them several times to discuss and was promised a call back but they didnt return my calls.

 

Many Thanks again.

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urm.

 

you mght well find you've been charged for the visits too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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