Black horse debt - no default

[irish_stan]

Hi all

I have an issue that I would like some advice on.

 

In 2002 I took out a car loan with black horse

 

to cut a long story short circumstances changed and I surrendered the car after about 6 months

and the car was sold and I still had about 13k outstanding.

 

Between 2003 and 2011 I had been paying a reduced amount thaty hasn't paid off more that 3k of the amount.

 

My issue is two fold

 

1. My credit file is obviously still messed up as they are showing my account in arrears

and never as defaulted which I think I have done and it would have been off my file now.

 

2. They have passed to a dca to collect now on their behalf who are now asking for higher payments which I can't afford. (They have not sold the debt)

 

I have a copy of the original agreement etc

but still don't understand why they never defaulted

when I was paying less that a 10th of the amount I should have.

[dx100uk]

no neither do i understand it either,

 

typical BH mind you

 

so what DOES your cra file say

rows of a number or * or D for each month.

 

if BH stil own the debt

i'd ignore the DCA

 

they are NOT bailiffs and have NO such legal powers.

 

can you give us the full story with figures?

 

what had you paid when they 'took' the car

 

did you VT or VS?

 

was it BH tat repro'd or a repro firm?

 

who sold the car at auction?

 

 

dx

 

 

dx

[irish_stan]

Hi all

 

Sorry for the delay I decided I needed to SAR them to find out exactly what was going on

 

1. BH did issue a default in Dec 2005 (2 years after I went on reduced payments)

 

however even this was never registered it with the CRA's s

 

it would have dropped of in Dec 2011 if they had recorded it.

 

have been shafted twice in so much of the delay in issuing the dn

and then the fact that they did not record it

 

currently my credit file is still wrecked as they are showing 6's going back to 2003

 

2. On receiving the SAR I did VS after talking to BH and I put this in writing to them

and the car was collected and sold via BCA and the salei proceeds all went directly to BH.

 

the agreement was a personal loan not HP I have since found out

in my opinion they had no right to take this money.

 

On point 1 I have raised a case with the ICO but have I got any option/action on point 2?

[dx100uk]

if it was a pers loan then they had no legal right to repro the car

 

me thinks that invalidates the whole agreement and you owe no more

 

let me go ask

 

dx

[dx100uk]

can you scan up the loan please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[irish_stan]

Hi dx

 

Yes will do a bit later as I'm out at the moment. I do agree that there is something really dodgy about this my only concern is that they have it in writing from me that I want to possess the car and dispose on my behalf but I think I was conned into wording it this way

 

Cheers for you help

[BRIGADIER2JCS]

Hi dx as me to look in for you.

 

From what I see a BH personal loan that was claimed to be HP, and you were ''obliged'' to VT, if so that was unlawful and unless the loan was some how secured against the car BH had no right to the vehicle what so ever, so please let us see the documents you have.

 

Which CRAs have you checked, imo this should no longer be reported.

Edited March 29, 2013 by BRIGADIER2JCS

[irish_stan]

Hi both

 

Thanks for the help hope these are legible. My only worry is point 5 in the t &c 's. if you can't read them I will try scanning them tomorrow

[irish_stan]

Sorry should have also said that its on all CRA's as they are reporting it as arrears and not defaulted (even though I have now found 2 defaults from different dates in the SAR info)

[BRIGADIER2JCS]

Bit small to read Stan, but does not look like an HP agreement (dx will tell you how to sort that).

 

Is there any mention that the loan is secured on the vehicle.?:

[dx100uk]

follow the guide

pdf them

 

dx

[irish_stan]

Hi Hopefully these are better

 

attachments redacted, merged and shrinked - dx

[dx100uk]

oh dear

you've PPI too

prob + +£5k to get back there

 

you've all the statements?

 

I bet you've heeps of PENALTY fees?

 

anyhow

 

the agreement is NOT HP as you said

 

and it clearly states it is NOT a secured agreement in the T&C's

 

so the the VS was unlawful

 

and IMHO invalidates the whole agreement.

 

if im right, you should be suing them for ALL your payments and 8% stat int on top.

 

and the price of a car.

 

have you taken out other finance to buy another car since

I think they will be responsible for that too!

 

let brig comment.

 

dx

[BRIGADIER2JCS]

Vehicle is mentioned on agreement but I cannot see any clause stating that the cash loan is secured on the vehicle, the PPI charge is large to.

Defo not HP or secured as there is no statement of proportional/time cost or termination or return of vehicle.

eg if you have paid xxxx or more we cannot reposess unless we go to court.

[irish_stan]

Vehicle is mentioned on agreement but I cannot see any clause stating that the cash loan is secured on the vehicle, the PPI charge is large to.

Defo not HP or secured as there is no statement of proportional/time cost or termination or return of vehicle.

eg if you have paid xxxx or more we cannot reposess unless we go to court.

 

Hi thanks for the replies, I had already cancelled the ppi but yes I have lots of penalty charges on the account.

So do you think I should write to them to say its not now a valid agreement?

[irish_stan]

Sorry any more thoughts on this? Just not sure what the next step should be?

[dx100uk]

cant see why not.

 

dear sirs

 

it appears that there are no T&C's associated with the loan that indicate you can VS/VT

 

neither are there any statement of proportional/time cost or termination or return of vehicle.

 

can you please explain as this appears to invalidate the agreement.

 

dx

[BRIGADIER2JCS]

Agreed,

 

I would specifically ask IF the loan was secured on the vehicle as there does no appear to be any such clause mentioned in the document supplied.