Notice of produce and discovery in Form 68

[Justhadenough]

Hi,

 

Wonder if I could get some guidance on defence.

 

Hp Company Black Horse Loan Amount 21k outstanding 3800.00

Lost my job last year I asked them to reduce payments to £100.00 per month they refused I continued to pay the 100.00 anyway until I received letter to return the goods and court action to repossess.

I have put the 100.00 every month since into a savings account and have 600.00 in the account for any down payment to a new plan

 

I have a large family 4kids at school age and we live in the country no public transport.

The jeep now has 195k miles on the clock and the valuation for a dealer was only £1800. Top end

 

Can the above be put into any defence?

 

Thanks for any advice in advance

[havinastella]

Blackhorse do seem to play hardball.

 

Did this loan have PPI on it and are there any charges added to the account.

 

I would put what you stated above into your defense. Make sure you turn up in court and plead your case, as any sane Judge will see that you have been more than fair?

 

Do you have a copy of the agreement?

[Justhadenough]

Thank you for the reply.

 

I have checked the agreement and I do not have PPI on this agreement.

The agreement seems to be in order and I don’t have any issues with the way I borrowed the money.

I have been in constant contact with black horse as soon as I lost my job, but after a period of time they same either unable or unwilling to accept anything other than the full payment every month, which seems a little bizarre in the current climate.

Up to the point of losing my job I was never late or missed a payment.

They passed the account to a credit recovery company, they offered me a single payment of 2800.00 to clear the debt, but I only had 4 weeks to make the payment.

Thank you

[Justhadenough]

Do I need to get a form thats called 68 or is that just the name they give to my defence.

 

 

And what other information should i include .?

 

Thanks in advance

[AndyOrch]

Are you n Scotland justhadenough?

 

Andy

[Justhadenough]

No Andy Northern Ireland

[Justhadenough]

Ok Just an update if anyone is in a

Similar situation in the future.

Spoke to Black Horse direct legal team by phone.

Made the same offer I made 6 months ago which was rejected outright.

Down payment of 600.00 and 100.00 by direct debit thereafter, they have agreed to this in principal.

I asked why this could not have been done 6months ago and the only thing that has changed is that I have now incurred their legal fees!!!

Black Horse said that they now have a change of policy from the take over from RBS and that they now can be more flexible...

Take from that what you will...

I have now written to their solicitors with the proposal and I will update this as things happen.

Thanks