Blackhorse Claim form& return of goods order - ***Claim Struck Out***

[gem77]

Hi I wonder if someone could give me some advice on this please

 

I have a car loan with Blackhorse finance.

 

unfortunatly when my husband got made redundant we were unable to pay the full installments.

 

Blackhorse were very helpful and lowered the payments so we could afford them. we only had a year until it would have been paid off.

 

We have paid regularly and are all upto date with the lowered payments but

 

in December we were a bit late paying.

This resulted in Blackhorse passing the debt onto credit style limited.

 

I phoned blackhorse to try to reverse it and also because the letter they sent me to tell me they had passed it on didnt state who it was passed onto or a contact number to call.

 

It was only because I got a letter from credit style that i knew.

 

Black horse said they could not do anything about it and i needed to speak to credit style and they may pass it back.

I phoned credit style they said dont worry they are not car repossessors they are a debt councillor company

and the only way to set anything up was for a representative to come round and go through our income and expenditure.

 

I didnt really want to but set up a date for someone to come round.

 

Sat in waiting and waiting and no one turned up.

I have since paid my next installment to black horse over the internet so i am still upto date.

 

After a few days past the meeting date i recieve another letter from credit style telling me to contact them as a matter of urgency.

 

This time my husband phoned them and told them no one turned up and that he had lost a days pay waiting as he is now self employed and he wasnt impressed.

 

They apologised and set up another date which was suposed to be tuesday but last friday they phoned and cancelled.

 

I couldnt set up another date as had to see when my husband would be able to make it as I am not comfortable with being alone with a stranger in my home.

 

They have been phoning me this week but I have been out when ever they phone and to be honest I dont want to speak to them on the phone let alone let them into my house.

 

Today I have recieved another letter from them entitled FINAL WARNING it reads

 

You have failed to respond to our efforts to contact you and resolve this matter.

Avoiding this situation will only worsen your current position as previously advised.

We can only hold further action if you call us now on:

 

call us today so that we can help you resolve this matter.

 

This has really annoyed me as we have tried to resolve it and it is them who keeps cancelling the meetings and now i have this somewhat bullying letter I do not wish to speak to them and be bullied into something i am not happy with when I am upto date on all payments and in my eyes there is no situation to be resolved.

 

What should I do next?

it is pointless ringing them as all they do is try to set up a meeting

 

should I contact black horse?

 

should I threaten to report them to the financial obstuman if that is the right people to complain to.

 

Also what power do they have. I have paid back all of what we borrowed and now it is really just the interest we are paying off.

 

Sorry if its a bit long winded and a bit of a rant but this has really got to me.

Many thanks

Gem77

[dx100uk]

woa horsey

they are NOT BAILIFFS

they have NO SUCH LEGAL POWERS

 

only a JUDGE can demand to see all your Pers financial details.!!

 

get an SAR off the BH

 

i bet you've heaps of PENALY charges

and all manner of insurances that were 'compulsory' like PPI/GAP/Mech brakdown

 

all can be reclaimed

 

i bet you owe very little now.

 

dx

[gem77]

Hi DX

 

Thank you for your reply.

 

I know there are charges on it and when we first started paying the lower payments black horse said they would be taken off

but never were and did keep adding them

 

they also wacked on another £100 penalty when I payed 3 days late a few months back.

 

I have most of the statements they send so will dig them all out.

 

as for ppi I am pretty sure that wasnt on there as at the time we got the car I knew about the cons of ppi so refused to take it.

 

We did take out an insurance so that if the car was written off the insurance would pay the shortfall of what the car insurance company would pay

to what we had left on the loan but we chose to take that out it wasnt compulsery, that was about it I think will pull out the paperwork and have a look though.

 

My main fear is that they will apply for a court order to reposses the car.

 

My husband uses it for work at the moment and I also have a young son with mental health problems so the car is our life line.

[dx100uk]

total up those PENALTY charges

and put them in this spready.

 

This fourth spreadsheet is useful in calculating a regulatory based compound interest award for PPI on a Revolving Credit Account. Or for a PENALTY charges Reclaim. Not all statements are required for this sheet because it will work out the compound interest on the PPI payments you do know about. It will not work out the additional 8% interest, to do that you will need spreadsheet three above AND all of your statements.

 

FosCISheet v101.xls

 

 

dx

[gem77]

Thanks DX I will sort that out over the weekend. hopefully it will work out i owe a lot less than I first thought.

 

They may have shot themselves in the foot by making me take a closer look at things.

[dx100uk]

BH normally do!!

 

dx

[gem77]

I am yet to find my original agreement but found all the correspondance they sent from march 2010 onwards. which was when we started to have difficulty paying the full amount each month.

 

I have worked out that we actually have £2007.97 left to pay (although i will be paying my next installment tomorrow which will bring it down to under the £2000 mark) as aposed to their figure of around £2700 so they have put over £700 of charges and interest on.

 

Each month they have added 5 lots of late payment interest ranging from 1p to £3. for every week i was on the payment plan they were putting on another £30 charges. the credit agreement was due to end august last year and in august they added £20.89 that they said were deferred fees due, £109 for a credit facility fee and another £20.89 interest.

 

can I claim all these back or more like wipe them off what i owe them?

 

I am not yet sure if any insurances have been added got to have another look for my original paperwork but we borrowed £10,000 over 5 years and the total agreement amount (according to their letters) was £16,705.20 does this seem like a normal amount for a five year loan or does 6,705.20 interest seem excessive?

[dx100uk]

yes you can

reclaim charges.

 

dx

[gem77]

Hello all. update on this situation.

 

Credit style gave up and passed it back to black horse.

 

Black horse tried to get me to refinance putting an extra £1000 on and thye had not deducted the charges they had put on.

 

Now I have had a letter from SCM solicitors telling me if I do not either return the vehicle or pay off the outstanding amount in 14 days

they will commence court proceedings against me for an order that I must return the car to their client.

 

Would a judge really issue that order when I have so little left to pay and I am paying.

 

the original total payment under the agreement was £16,705.20 and I have paid to date £15,085.02.

 

They are asking £2246. 18 so there is £626 worth of charges on it to claim back.

 

I certainly do not want to return the car as it is my lifeline and after already parting with £15000 would definatley feel robbed.

 

Would they really have a leg to stand on and what should I do ignore them or write to them?

 

Many thanks.

[dx100uk]

was that chsrges reclain using th e CISHEET?

 

dx

[gem77]

No DX

 

these are the figures from the original credit agreement and the statements they give me.

 

At the bottom of all the default notices and statements it states what the original total to be paid under the agreement and how much I have paid to date.

 

so the difference between what they are saying I owe to what it works out to be deducting my payments upto date from the original agreement total

is what they have added on in charges and extra interest.

 

Which works out at £626.

[dx100uk]

ok sri interenet playing up postings are coming up garbled.

 

do you know the PENALTY chgre & their dates

 

if so pop them in the CISHEET

 

at their int rate

 

that will be your reclaim figure

 

 

dx

[gem77]

ok DX yes i am sure I have them. I thought it would just be the extra they charged me. Also they stopped charging last august when the agreement ended. So do I carry the interest on after that then or just upto that date?

[dx100uk]

upto to the end of their int rate period [claim to]

 

then take the CISHEET total and put in in the STATINT sheet

from the date of [cisheet claim to

till today [leave claim to cell as is on the stating sheet]

 

you ar entitled to 8% statint as they have had your money for this period

 

dx

[gem77]

I have finally managed to find the statements and have filled out the cisheet the total comes to £675.56 so a little more than the claim is charges.

 

do I start by trying to claim that back and if they refuse then add the 8%

or can I claim that straight away as well?

 

All so I don't suppose you could point me in the right direction for the stat interest sheet as after spending an hour searching I cant find it any where

 

I finally found the stat interest spreadsheet.

 

do I just put in the one figure of 675.56 starting from the end of the agreement till today?

[dx100uk]

yes

 

dx

[gem77]

Great thanks dx. one last question. can I claim this 8% straight away or is it just if I have to issue a court claim?

[dx100uk]

no now

you have been deprived of the money

you are entitled to 8% int on it, as they stopped charging their int on xxx date.

 

you really should do a bit of reading around.

 

there are plenty of links below in my sig below

 

and numerous threads here on PPI reclaiming.

 

dx

[gem77]

Ok so I am sorting out letter to claim charges back. have also been trawling through the repossession threads as had a letter from black horse today telling me to surrender the car or they will get a court order.

 

Thought I would have a closer look at the agreement and there is something that doesn't add up.

 

At the top is states amount of credit £10,000 and total amount payable £16705.20

 

Lower dawn it has the break down

 

Total Cash price = £13447.00

Less deposit = £3447.00

Interest = £3000.20

Acceptance fee = £149.00

Credit facility fee = £99.00

Option fee = £10.00

Total charge for credit £3258.20

 

1 first payment of £365.67

59 payments of £216.67

 

sorry if I have my calculations all wrong but it doesn't add up.

 

Don't think they can argue with the charges reclaim either as no where in the T&C does it give penalty prices just that I will have to pay any costs that they reasonably incur. definatley don't cost £25 or £35 for the computer to print out a letter then for someone to pop it in the post

 

Should I reply to this letter telling me to hand the car back or just leave it and send them my preliminary letter for the charges?????

[dx100uk]

invite them to gladly goto court

 

whereby you will expose the flaws in the agreement

 

and the PENALTY charges

 

dx

[gem77]

Well they did it.

 

got court summons through post.

 

they have craftily deducted the charges from the total amount they say I have paid.

 

I will post up the poc this afternoon as soon as I can.

[dx100uk]

ok watching

you can use the CISHEET now for the penalty charges and the claim to date to today as they've started court.

 

very strange they've gone to court with

 

lets see the POC

 

dx

[gem77]

The charges don't outway the sum.

 

my calculations are that taking off charges and interest we then owe about £1400.

 

they state we owe £2173.

 

just scanned them now to try to remember how to pop them on here so bear with me

[gem77]

Hoping this will work.

 

I am now going to post up the last default letter they sent me in July. this states the amount I have paid to date although another payment has been made since then with another being paid tomorrow. these are of £72.85

[dx100uk]

I've moved you to the legal forum

 

the legal guys will help

when they see it

 

dx