BH car finance, 2007 CCJ/AEO sold to DLC, got had with repo too?

[Shaunw83]

Hi this is my first post so i apologise if this is not done correctly .

 

I was a bit of a fool in 2005 and took a car on finance that i couldn't afford,

the car was repossessed and a CCJ issues in 2007,

there was also an attachment of earnings completed at this point

and it has been paid every month since to black horse.

 

I have not heard anything regarding this account for a few years now

and i was only thinking yesterday i wonder what the balance is on the account.

 

I contacted black horse and they advised me that the debt was sold to a debt collection agency in october 2011

due to non payment.

 

I then contacted the agency it has been sold to and they advised the payments were all up to date

and that the debt was simply transferred to themselves as black horse have sold it on.

 

I was wondering can a debt be sold on if an attachment of earning is active

and no payments have been missed can the debt be sold on to another company?

 

Also i am now thinking of contesting the figure of the debt

and i have requested this information from the third party company

and they are sending me this information.

 

Any help will be appreciated.

 

cheers

shaun

[fletch70]

Hi

My belief is that a debt can be sold on even if a ccj has been awarded however in order to enforce the buyer needs to have had their name substituted by the court. From what I know, very often debts are sold in massive bundles and the new creditor has no idea there is a CCJ on it

[Shaunw83]

Hi Fletch70,

 

Thanks for your response, i have checked with the county court and it appears the account still shows in the name of Black Horse and not the new DCA. My understanding (correct me if i am wrong) is that DLC capital should have served a notice of correction to change the ownership on the account with the court.

 

I have been in contact with possibly 20 different people in numerous places and they all give conflicting information.

 

I have also requested a full and detailed copy of all CCA and documents and they say this can take up to a month.

 

The reason for this is that i have suspisions that the vehicle was sold at auction after repossesion

but the sale was not reduced from the outstanding balance.

 

Can i legally request a copy of the proof of sale etc?

 

I am gathering as much information as possible so i can dispute the whole account as there appears to have been multiple short fallings.

 

Regards

Shaun Wright

[dx100uk]

that's BH all over sadly [just read about them here in the BH forum I've moved your post too]

 

they prob spoofed you into VS?

when it should have been a VT?

 

with VT you only have to pay upto 50% of the finance if you return the car

with VS you have to pay the lot.

 

SAR to BH is the way to go.

 

get all the info.

 

 

don't trust anything you are told on the phone that's for sure.

 

as for selling the debt on.

they can sadly do that even with a AEO / CCJ attached to it

 

the only thing you need to watch is the monthly payments.

 

it can NEVER change from what is in the judgement box.

 

I take it you've no copy of the judgement either?

 

can you remember how the car was repo'd?

 

I bet you got stung with repo fees too...naughty naughty.

 

dx

[Shaunw83]

Hi Dx100UK,

 

I think they have stung me with VT but i will certainly check that on the paperwork, i have made a request for all paperwork but BH are not dealing i have to deal with DLC capital. I have checked with the county court however and the account still definitely shows as BH so a notice of correction has not been issued correctly.

 

The payments have always remained the same so unfortunately i cannot go down that route. I have no copy of the judgement no statements and no copies of notice of correction as they were all sent to an address i have not resided at since 2007.

 

The car was repo'd on an agreed date and i arranged for their reposession company to collect the vehicle. They will almost definitely have added reposession fees for the vehicle.

 

I am just at a loss as to where to go as i am being passed from pillar to post and i have had so many conflicting stories it is unreal.

 

I have requested a full copy of all paperwork and bill of sale for the vehicle etc. I will also request a copy of the notice of correction etc and a statement from the county court.

 

What are my grounds for dispute? I am thinking i will dispute the bill of sale if they cannot produce this and i will also dispute any reposession charges etc. However the balance they have stung me with also includes most of the interest charges up to the end of the original agreement hence i will be looking to dispute the whole balance.

 

Do you think i have fair grounds to get the remainder wiped?

 

Also could i claim miss sell with PPI if it is on the agreement?

 

cheers

Shaun

[dx100uk]

pers id not be dealing with dlc

 

sent an sar to BH they cannot refuse it

it is a legal document.

 

also there wont be a bill of sale

BH did not do those kind of agreements.

 

it appears also you might well be conducting this on the phone ...DONT.

 

you'll get all kinds of rubbish told to you.

 

certainly not on the phone with the fleecing DLC that's for sure.

 

you cant, objectively, do anything about the CCJ

and whats on it

you have to honour that

its far too old to do anything about the sums in the judgement.

 

however, once you have all the paperwork

 

then p'haps under the CCA rules

you might well be able to get some paid back to you

to clear the CCJ and the PPI and gap etc etc via reclaiming.

 

as long as you are meeting the CCJ payments

regardless of if they are right or wrong

and to whom

 

just keep paying it for now.

 

until we have all the info

its better not to speculate.

 

certainly you need a copy of the CCJ [try the court that issued it.

 

and you need a copy of your payments toward it.

 

for now get that BH SAR done.

 

there are lots of thread in the vehicle finance and repo

forum to read too.

 

get gen up

 

dx

[fletch70]

For historic data you need to talk to BH but you will need to talk to those muppets at DLC (by letter not actually talk) as they own the debt.

If you have not received a notice of assignment I would be asking for that first of all.

 

The payments on the CCJ, were they agreed between you and BH after the CCJ or were they set by the court.

 

If they were set by the court DLC would have to apply to the court for a reassessment .

 

If they are agreed between you and BH, unless there was provision to review I think you can tell them that is what you are paying

[Shaunw83]

Hi Guys,

 

Thanks for the help,

 

i am looking into this as we speak,

 

all the information has now been requested directly from BH rather than DLC.

 

I often wondered how i can still be paying this now when it was a debt in 2007

 

however they have now kindly informed me this was a "front loaded agreement" so the interest is all loaded to the front of the agreement

and i am paying everything from the original price.

 

Is this even possible?

 

I have kindly dropped the Chairman an email Chris Sutton requesting the SAR

and i have also sent it via email and i have requested literally every bit of information they hold on the account including court papers etc.

 

They have stated they will send this and have apologised and they have raised a complaint on the account for investigation.

 

I am not holding my breath at all, however i now know they cannot deny me the SAR and it will be done as a matter of priority.

 

Cheers

Shaun

[dx100uk]

the thing here is going to be was this VS or was it VT

and 'who' if it was VS 'decided' that

 

if it was under the 'suggestion' of BH, that that was how to resolve it

 

then they should have told you about VT too!

 

VS you pay the whole lot + they get extra for the resale of the car [seen them do this twice now]

 

VT you only have to pay upto 50% mark + arrears. minus the trade in

 

that SAR will be interesting

 

dx

[Shaunw83]

Thanks,

 

I look forward to the SAR request then, really stupid question here but what is VT and VS? what does it mean?

 

Thanks again

Shaun

[dx100uk]

voluntary termination

voluntary surrender

 

type them in a search engine

 

the basics of each I've already described.

 

dx

[Shaunw83]

Awesome thankyou very much i just wanted to know in case they term it different on the paperwork.

 

With a SAR request do they have to produce All documents and notes etc?

 

The reason i ask is they were in breach of terms and conditions and they did not provide me with court notice or a notice of reposession.

 

Had i had more common sense i would have dealt with this at the time.

 

regards

shaun

[Shaunw83]

Right they have just provided me with the documentation they hold at black horse,

 

Literally just a copy of one page of a signed agreement, Stating it is HPA, however there is no mention of the finance being front loaded at all!

 

Also a statement of account from when they dealt with the account before transferring it to DLC.

 

If i am honest the paperwork is worthless in my opinion,

 

It gives very little information at all so unless they can produce something more substantial then i think they may have some problems.

 

What are my best options from here?

 

How do i pursue this matter,

 

they have raised a complaint on my behalf which is now with the litigation department.

But i am unsure of how to deal with this going forward and what angles to take.

 

Any help would be much appreciated.

 

Cheers

Shaun

[dx100uk]

doesn't sound like an sar to me

 

more a CCA request

 

have you copies of all letters and the account log too?

 

dx

[sequenci]

For what it's worth, a HP firm will always treat the return of a vehicle as a voluntary surrender unless the person returning the vehicle specifically requests a voluntary termination in writing as per s99 of the CCA '74.

[dx100uk]

yes so they can fleece them blind.

 

if there is any hint that the creditor suggested VS

rather than the option of VT

 

I think that's very wrong.

 

dx

[sequenci]

There are occasions when a VS would actually be better for the individual - of course those circumstances are in the minority. A lender is absolutely in the wrong where an individual requests a VT following the correct process and the lender treats it as a VS. We see so many of those on here (and in the day job too).