Hillesden/mortimer CCJ received AEO - think its SB'd?

[stf3]

Hi, am new to this,

just joined so am not familiar with the workings of this site yet.

Have been reading Threads for past 2 hrs,

very impressed and relieved to know that there may be some light at the end of the tunnel.

I too have a problem with Blackhorse,

Blackhorse told me it was a Personal Loan,

I got a car dealer to do a 'PNC' check (dont know if thats what its called,

where they check to see if a car has finance on it)

it came back that it has.

 

I requested a copy of my agreement from Blackhorse last month

which they posted to me on 10.05.10.

They are numbered at the top, I was only sent 4 of the 8.

Also HSBC is not my bank nor is the account no or sort code on the agreement,

theres crossing out on the form but details visable are not mine.

FIXED-SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 is what it says at the top.

 

I too attempted to work out the amounts using the link provided

- Loan repayments calculator.

It didnt tally but I am terrible at maths so wasnt expecting it to anyway.

 

I received a Default Notice dated 18th Feb 10 stating that I had broken my agreement

as there are arrears of just under grand and they had to be paid b4 9th March 10,

if not they may demand payment of the total amount.

Also a paragraph on all the costs I will incure if they take me to court.

 

The last letter I received dated 13th May 10 was asking me to pay the arrears

of over 2 grand immediately. I

havent because I cant, Im not employed at the moment,

am seeking work but do voluntary work at the moment.

 

I have read so much info this morn,

a lot to take in when ur tired and stressed.

Is there a template letter available for me to send to Blackhorse

requesting all documentation/info on my agreement with them? Plz

 

Would really appreciate any advice on what to do next!!

Im so worried, this is all new territory for me,

Im nobodys fool nowadays,

but was had over good and proper in 06.

Gossip goes that the dealers where I purchased the car was proper bent it got closed down,

then reopened with all new staff.

 

stf3

 

Sorry so long

 

[cerberusalert]

Can you scan the agreement & default notice and post them up after removing identifying details?

[cerberusalert]

[stf3]

http://tinypic.com/r/10xhxec/6 http://tinypic.com/r/30upxe0/6 This should be the Default Notice, thankyou for your patience.

stf3

Edited June 19, 2010 by stf3
could see personal info

[cerberusalert]

Feb 18th was a Thurs,

a court assumes a default notice is posted 2nd class

and four working days must be allowed for service

which means you would be seen to have received it on the 25th Feb,

then they must allow you 14 days to remedy which brings it to the 11th March.

 

 

They have stated in the DN that you must remedy before 9th March which in effect means by the 8th March so the DN is defective because it's 3 days short.

 

 

All you have to do now is wait for them to terminate the agreement

either by letter stating they are terminating

or by demanding repayment of the full amount

and they will have 'unlawfully rescinded' the agreement

& legally will only be entitled to the arrears at the time.

 

I'm not 100% sure about the agreement but I think that it is enforceable

so it is important that you do not make them aware of the defective DN

until they terminate otherwise they will be able to re-issue a compliant one.

 

Your main strength for contesting this is the defective DN

but there are a couple of anomalies with the agreement itself now I've had a second look.

 

 

An agreement has to have the name and address of the parties involved

& I can't see Blackhorses details, particularly the address,

 

 

also there is no 'right to cancel' but that would depend on whether you signed this agreement at home or on 'Trade Premises'.

[stf3]

Thankyou so much for all your help will no doubt be in touch soon.

 

It was signed on Trade Premises.

 

 

Also I did mention b4 that I asked BH for copy of agreement

they sent me 4 sheets of a set of 8,

 

 

which consisted of agreement (already posted),

used car invoice,

copy of my driving licence and sheet headed Dealer Pack.

 

 

No terms & cons just whats listed

[cerberusalert]

Hopefully postgii will pop by and check your agreement over when he's next online.

[stf3]

That would be brill, would he also be able to tell me if its a personal loan or HP, BH have told me its a personal loan but if it is checked by a car dealers it says its on finance ie HP.

 

Much appreciated

 

stf3

[cerberusalert]

It's a fixed sum loan agreement not HP. I take it this was taken out to buy a car? If so there is no way anyone can legally take the car back from you.

[stf3]

Does that mean that I can sell the car to pay off whats owed?

[cerberusalert]

Yes.

 

If you look at the top left hand corner of the agreement it tells you that it's a fixed sum loan.

[stf3]

Car dealers think its on finance cos pnc check states so.

That implies BH have done that, when I have to deal with them I will enquire why they are giving out false info, surely thats not allowed.

 

Thankyou very much Cerberusalert.

 

stf3

[cerberusalert]

That implies BH have done that, when I have to deal with them I will enquire why they are giving out false info

Yes you should & if you don't get any sense out of them make a complaint to Trading Standards via consumer Direct Consumer Direct - Contact us and the ico https://www.ico.gov.uk/Global/contact_us.aspx

 

The agreement is an unsecured loan, if it were HP it would have given details of the product which was on Hire Purchase.

[stf3]

Hi Cerberusalert,

 

Have received another default notice, have attached. I worked out the dates like you explained b4 and I think it is short 2 days, could you please check for me.

 

Thanku

stf3

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[stf3]

Previously I stated a pnc check, I meant a HPI check.

 

stf3

[cerberusalert]

What postage was it?

[stf3]

No postmark, brown windowed envelope, same as previous 1.

 

stf3

[cerberusalert]

It should have a postmark such as UK Mail, TNT etc with a no. such as 1, 2 or a letter such as S unless it was hand delivered.

[stf3]

UKMAIL postage paid S (had to put my glasses on to read 'postage paid, never noticed it b4).

[cerberusalert]

Right it's 2nd class, so you allow four working days from the date of the letter.

 

23rd June = Wed so you received it 29th + 14 days to remedy = 12th July they state that you must remedy before the 12th so it is one day short.

[stf3]

Hi Cerberusalert,

 

I have just received this in the post. Can't afford to pay it.

I don't know what no's 1&2 mean and re no3, I don't have to let Baliffs in my home but can they seize my goods?

 

Am getting concerned now cos not sure whats going to happen, hope you can shed some light on the above please stf3

 

 

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[cerberusalert]

They can't do any of those things without a court order and to get that they would first need to obtain a CCJ which you would have needed to default on.

 

They are sabre rattling at the minute that's all.

[stf3]

Thank you so much Cerberusalert.

 

Am I right in thinking that I haven't defaulted yet because the last Default Notice they sent me was a day short.

Does sabre rattling mean they are trying to scare me - be threatening?

Sorry have never heard that one before.

 

stf3

[cerberusalert]

Am I right in thinking that I haven't defaulted yet because the last Default Notice they sent me was a day short.

The above DN still stands, they haven't terminated the agreement yet.

Does sabre rattling mean they are trying to scare me - be threatening?

Yes.

[stf3]

Hi,

 

I am really sorry I don't know how to post a question, I can't see for looking!

 

Could you please enlighten me as

 

 

I have received a Notice of Application for Attachment of Earnings Order.

 

 

I received it Sat 5th March although it is dated 2nd March.

It has to be filled in and at the court within 8 days.

 

Judgement creditor is Hillesden Securities and its Mortimer Clarke Solicitors address for payment.

 

I have not had any contact with Blackhorse (who the loan was with) since 4/1/2010 which was the last late payment made,

the next payment was due 24/1/2010.

 

Is it Stat Barred?

 

What do I do about returning the Notice of application for attachment of earnings to court?

 

 

Obviously if it is Stat Barred I do not want the court forcing me to pay.

 

regards

 

stf3