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    • Personally I have always sent the CCA Request to whomever was chasing me because they do have a duty to pass it on to the creditor, however in this case maybe sending it straight to TSB would be good. make sure you keep copies of everything
    • That is somehting to shove home in your WS, VCS will claim that they areall one and the same but Companies house doesnt have any connection between any of simon R-S's businesses. If one was a subsidiary of anither then you can be sued in the name of a different co but that doesnt apply.  there is a previous court report on this on the Parking Pranksters blogspot somewhere. Copy it and use it in your defence
    • While I think Doyle will be used by many a DCA particularly if they are against a LiP, it really does depend on each case. For example, my old Capital One card gave a very specific process which outlined what would happen prior to a DN being issued and pretty much when it would be issued. As it happened they didn't issue a DN and Lowell lost in court.   Peoples opinions change rapidly on forums and I can't remember who said what about BMW v Hart although my view was always, to be on the safe side , the initial COA was the remedy date for a DN. Don't get me wrong, I would have tried six years from the date of the first missed payment if I had to but luckily I never did.   I think it is always very easy to play fast and loose with other people's claims , after all, the only thing that we will suffer if they lose, is our pride. If someone wants to defend a claim and they honestly have a case, all we can do is advise.    I also would, if possible take more than just limitations into court - you only need one thing to be on your side and you win- it is up to the DCA to prove they have all their ducks in a row. There is a lot more to enforceability than just the agreement.    
    • Hi I have received a parking charge notice for overstaying on kfc through the post from civil enforcements ltd. I was 16 minutes over due to the fact that my little ones were playing up and not eating their meal. Annoyed we left the restaurant and wouldn’t allow them ice cream to cut a long story short by the time I’d put them in their car seats I’d given in so I drove through the drive in and collected ice cream to take home. I was parked in a disabled bay with a blue badge I hadn’t noticed the new signs of limited free parking. I was with friends who were on the car park longer than us and didn’t get a fine. I have to appeal by Tuesday. Do I appeal or wait?      1 Date of the infringement 03/01/2020   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] [scan up BOTHSIDES as ONE  PDF- follow the upload guide]  07/01/2020   3 Date received 13/01/2020   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Not on letter   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? civil enforcements ltd   8. Where exactly [carpark name and town kfc, Fenton,stoke on Trent 
    • It would be very helpful if you would post up the threatening letter from EDF – redacted for identifiers but in PDF scan format. Thanks
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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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okay, as it is HP we need to know how much you have repaid?

 

have you paid back more than 1/3rd or more than 1/2 ? This can make a difference

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Thank you.

 

I have paid over a 1/3 rd which is £11,500 but less than 1/2. Total amount payable is £30,407.

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Have you kept up payments since May? Can you still afford the full payment plus something towards the arrears?

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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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Thank you so much for the advice. I will resume the payment as you state and tell Credit Style where to go!! Thanks again x

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i wonder if you have any PENALTY charges/PPI too

 

how about an SAR if you dont have statements?

 

dx


..

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Not sure if I have penalty charges, I don't have PPI. Is an SAR details of everything the company holds on you?

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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.


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Hi Ell-enn. Thanks for the advice. I would really appreciate a copy of the letter template. Thank You.

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


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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 Ell-enn. Its all a bit of a mess really because Credit Style said its over £6000 but I spoke to Black Horse the other day and they told me it was £5281. The agreement is due to end December 2014. Many Thanks

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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


..

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