BlackHorse Car HP Finince hell

[paulwlton]

Just sent off letter before action giving Blackhorse 14 days to pay up and cancell the outstanding debt.

Edited February 27, 2010 by paulwlton

[paulwlton]

An application to set-aside the court order was issued Friday, will update as and when.

[paulwlton]

Just to update last post.

 

DJ granted set-aside for the amount of charges applied.

 

Subsequently I entered a defence which prompted an out of court settlement.

 

After recently going through documentation it seems that Black Horse Ltd have been receiving my payments without legal entitlement and furthermore, Black Horse have made inaccurate statements both to me and the court.

 

Below is the Compliance & Amin Exec stating that a deed of assignment does not exist and that Black Horse Ltd is the new name of Lloyds Bowmaker.

 

Paul

 

[paulwlton]

Send the SAR off today....see what comes back

 

Paul

 

Lloyds Bowmaker Ltd

116 Cockfosters Road

Barnet

EN4 ODY

 

FTAO - The Data Controller or Data Compliance Officer

 

Dear Sir or Madam

 

Re: Lloyds Bowmaker Hire Purchase Agreement Reference *******(previously) *******

 

 

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

 

This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

 

I hereby request that you supply me with all data that you hold relating to my account. This includes in particular, but is not limited to, the following: -

 

1 The original signed, executed Consumer Credit Act agreement and any terms and conditions that applied at the time the account was opened.

 

2 Transcripts of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, to and from or by any previous creditor.

 

3 True copies of any assignment and/or default notice or enforcement notice that may have been issued including a copy of proof of postage that you hold.

 

4 A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 and any consent that I/we may have given to those uses

 

5 A list of third parties to whom you have disclosed my/our personal data including Credit Reference Agencies and, a summary of the nature of the information you have disclosed, the reason for this disclosure, including any defaults registered date they were registered and date of removal.

 

6 Full copies of transcripts of any correspondence in postal, e-mail or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial, or which pertains to me.

 

7 Full Details of any third party with an interest in the account.

 

8 Full details of any securitisation(s) that my account(s) has been or is involved in

 

9 Full details of any assignment(s) Legal or equitable copies of proof of posting of any notification allegedly given, if given

 

10 Any other information that you hold with regards to me/us and/or our account.

 

 

Enclosed is the statutory maximum fee for this request of £10.

You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity please let me know by return.

 

However please note that the above address is the one which has been used to make any and all communications with me/us with regards to my/our account information from you which has been hitherto found acceptable.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISTAION REPONSIBLE FOR DATA PROTECTION COMPLIANCE.

 

Yours Faithfully

[paulwlton]

1998 Original agreement was taken out with Lloyds Bowmaker Limited

 

1998 Default notice sent by Lloyds Bowmaker.

 

2000 Lloyds UDT Limited obtain suspended possession order.

 

2000 I hand the vehicle back.

 

2007 Granted set-aside for penalty charges. - Black Horse Limited submit Witness Statement.

 

2010 Black Horse Limited are receiving my payments.

 

1 Did Lloyds UDT Limited have the legal right to sue me.

 

2 Did Black Horse Limited have the legal right to defend my set-aside application.

 

2 Has Black Horse Limited the legal right to receive my payments.

 

Paul

[Sparkie1723]

Here we go again another one trying to bluff their way out of making false claims and statements

If Black Horse Ltd was the New name of Lloyds Bowmaker it would be shown as a name change or prvious name on th register it isnt.

 

Lloyds UDT Finance is the new name of Lloyds Bowmaker...If you want to try and tell lies ...you have to have some sort of story to back you up even if its just a story.:D

 

sparkie

 

Name & Registered Office:

BLACK HORSE LIMITED

25 GRESHAM STREET

LONDON

EC2V 7HN

Company No. 00661204

 

 

Status: Active

Date of Incorporation: 01/06/1960

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6523 - Other financial intermediation

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2008 (FULL)

Next Accounts Due: 30/09/2010

Last Return Made Up To: 30/04/2009

Next Return Due: 28/05/2010

Last Members List: 30/04/2009

Previous Names:Date of changePrevious Name05/07/2001CHARTERED TRUST PUBLIC LIMITED COMPANY31/12/1979JULIAN S. HODGE & COMPANY LIMITED

[patrickq1]

united dominion trust were nt they the hire purchase company under the old lloyds banner back in the 70's and 80's but i thought they sold out to wagon finance in about 62/3

[patrickq1]

this may help or might not but well worth a read....

Term: proper law of the contract

1.

Every contract must be governed by a system of law. In the absence of any express or implied choice of law to be applied to interpret an agreement between contracting parties, English common law developed a test to determine which system of private law would be used to construe the contract. This test determines what is known the proper law of the contract.

In the case that the contract does not contain an express selection of law to be applied to the contract, the court may take into consideration the text within the four corners of the contract to determine whether the parties may be said to impliedly agreed the system of private law that would apply to disputes. Selection of jurisdiction of court within which proceedings would be brought (known as a jurisdiction clause), arbitration clauses, references to regulations or by-laws of a particular country, the currency in which sums are to be paid under the contract, the form of the documents, the language used in the contractual document give guidance as to whether the parties have impliedly agreed to a system of law to govern the contract.

In the absence such express or implied agreements, English common law will determine the proper law of the contract to be the system of private law which “the transaction has the closest and most real connection”. This is an objective test to be ascertained by all the circumstances of the case. Amongst the factors that a court will consider in determining the system of law that has the closest and most real connection are:

 

1. where the contract was made,
   
2. the place of performance of the obligations arising under the contract,
   
3. the place of incorporation of the incorporated entities to the contract,
   
4. place where any security to taken, and
   
5. whether the contract is associated with another contract that does contain a choice of law.
   

That system of law is known as the lex contractus, namely the law used to resolve substantive disputes between the parties in respect to the particular contract, and will apply from the time that the contract was formed. Having said that, in rare cases, it may be appropriate for a court to order that more than one system of law applies to a contract, where the nature and type of obligations are distinct and severable from the remainder of the obligations.

Under the applicable common law principles, choice of law clauses would not at liberty to arbitrarily select systems of law that bore no connection to the contract or its performance; further courts would not apply a foreign system of law if it were contrary to public policy.

Integration with the European Union has encroached upon these traditional rules where the contract has some nexus between England and another state of the European Union. English common law has been superseded since 1991 by the Contracts (Applicable Law) Act 1990 to determine the proper law of the contract. These traditional rules were reformulated after the passage of the Contracts (Applicable Law) Act 1990, which implemented the Rome (EC) Convention on the Law Applicable to Contractual Obligations 1990 (the “Rome Convention”). The Rome Convention is due to be replaced by Regulation (EC) 593/2008 (the “Rome I Regulation”).

The Rome Convention applies to contracts entered into after 1 April 1991 and before 17 December 2009. Thereafter, Rome I Regulation applies to resolve choice of law issues in contracts to which it applies.

 

Usage: The proper law of the contract to ruled to be the laws of England.

 

Related Words: choice of law clause; jurisdiction clause; Rome Convention; Rome I Convention; lex fori; conflict of laws; lex causae; lex situs; lex domicilii; jurisdiction; anti-suit injunctions; lex contractus; lex solutionis; contract; lex posterior derogate priori; lex scripta; lex non scripta.

[patrickq1]

Here we go again another one trying to bluff their way out of making false claims and statements

If Black Horse Ltd was the New name of Lloyds Bowmaker it would be shown as a name change or prvious name on th register it isnt.

 

Lloyds UDT Finance is the new name of Lloyds Bowmaker...If you want to try and tell lies ...you have to have some sort of story to back you up even if its just a story.:D

 

sparkie

 

Name & Registered Office:

BLACK HORSE LIMITED

25 GRESHAM STREET

LONDON

EC2V 7HN

Company No. 00661204

 

 

Status: Active

Date of Incorporation: 01/06/1960

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6523 - Other financial intermediation

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2008 (FULL)

Next Accounts Due: 30/09/2010

Last Return Made Up To: 30/04/2009

Next Return Due: 28/05/2010

Last Members List: 30/04/2009

Previous Names:Date of changePrevious Name05/07/2001CHARTERED TRUST PUBLIC LIMITED COMPANY31/12/1979JULIAN S. HODGE & COMPANY LIMITED

yes charter trust and julian hodge i had a lease from them in the 70's for a 508 merc van when i was a tool dealer .....then somewhere along those lines wagon finance got involved

[paulwlton]

Received the DSAR response - It appears there was a secret commission paid.

 

Paul

[paulwlton]

Thought i'd post up the notes taken fron Black Horses solicitor at the setaside hearing. Note the DJ allowed the setaside after almost seven years.