backdoor arrows/Restons CCJ for blackhorse car finance [car handed back]

[Walkers85]

I have recently embarked on a mission to clear the debt I ran up when I ran into financial difficulties in 2013.

 

I was struggling in my job at the time and had trouble keeping up with my bills and ended up losing my house and car.

I have since recovered and now in a position where I can clear all of outstanding debts.

 

One of the debts that I hadn't got around to yet was around £1500 to Black Horse for the finance on my car.

I missed three months payments of £407 and ended up giving them the keys back in December 2013.

 

When I took the agreement out I lived at address 1

and then moved (informed them of the address change)

and when they collected the car they collected from address no.2.

 

I now live at a different address

 

over the last 12 months have received numerous letters from Reston's solicitors in relation to the debt.

 

The last letter I received from them was to inform me that I have successfully registered a CCJ against my name and against address no.1.

Even though they know I have since moved from address 1 to address 2 where they collected the car and then to address 3 where they have sent me letters.

 

If I had received the paperwork though about the CCJ I would have paid it in full because all of my other CCJs are satisfied and for the last 3 years I haven't missed a payment on any accounts I have and wouldn't want to reset the 6 years of being screwed on a mortgage clock.

 

Is there anyway of me getting this judgement set aside if I have to pay in full?

 

the downside is that I can't find any of the letters they sent me previously,

 

I do have the letter that they sent to my current address to inform me after the CCJ was granted dated 5 weeks from the CCJ date)

 

If I can't get it set aside what action should I take to look into making sure the 1500 is an accurate figure?

 

any help/advice/guidance would be really appreciated

[dx100uk]

I would suggest that it was not BH that got the CCJ

and that they sold the debt on to a debt buyer

and the debt buyer got the CCJ

hence restons being involved.

 

who are reston listing as their client?

 

also have you a copy of the CCJ?

and written PROOF you informed BH that you had moved out of address 1 that thus would have been provided to the debt buyer that get the CCJ?

 

you'd also need a defence for the debt itself if you got this set aside.

[which knowing BH they would have fleeced you on voluntary surrender

- whereby you pay the full agreement

- car auction cost.

..against voluntary termination, whereby you only pay to the 50% mark.]

 

how far into the agreement were you when you handed the keys back..more info needed.

 

dx

[Walkers85]

Hi Dx100, Thank you for your quick response.

 

Reston's client is a company called Arrows.

 

I haven't got any paperwork relating to the CCJ other than a letter from Restons telling me about it and me checking my Experian report for it.

 

I haven't got any written proof that I informed them that I moved from address 2 however I had meetings with an account manager at my home (address 2) and thats where they collected the car. (can I do a request for information from them for the details?)

 

When you say defence do you mean a defence as to why I don't owe the money?

 

I'm not sure if I have one?

 

At first I was under the impression that once you are half way through your HP agreement you can hand the keys back and that would be okay but I think the debt relates to the 3 payments I missed plus fees.

 

I was 30 months into a 60 month agreement.

 

"and written PROOF you informed BH that you had moved out of address 1 that thus would have been provided to the debt buyer that get the CCJ?"

 

I have a default on address 2 from Arrows on my credit file if that makes a difference?

[dx100uk]

you vaguely knew about the 50% VT rule

 

missed payments don't invalidate that

and any penalty charges are unlawful too

no reason whatsoever to not let you VT.

 

as for this little visitor

he'd of been employed by BH as an external financial advisor [costing you £150]

to fleece the maximum profit from you.

 

and I bet you got done over with repo fees too?

 

you can get a copy of the CCJ by ringing northants bulk court as it was a non contested default judgement?

 

I would suggest you get an sar running to BH today.

 

as me thinks if they sold this on to arrows

they knew they'd done you over and wanted to wipe their hands of it.

 

might be a good reason for a defence to the original claim to go with the proof of the visitor coming to address 2

which should be in the sar return.

 

for now

I've moved your thread to the vehicle finance section until we get the info.

 

dx

[Walkers85]

I will get the SAR sent out today!

 

Did you see my comment about arrows registering the default to my address 2? Which is where I was visited and does any of this matter that I don't live at address 2 anymore?

 

Regards

Michael

[dx100uk]

lets get the sar

a default is not against an address

its against a person but timelines do matter.

 

BH would have registered the default as only the original creditor can default you.

so in part that proves that BH knew address 2 as they filed the default

 

so [surprise surprise] arrows purposefully filed to an old address.

to get a default non contested rubberstamped default judgement

 

dx

[Walkers85]

This may seem like a stupid question but can I hand deliver a SAR? If so can I pay the £10 in cash?

[dx100uk]

not payment no

 

 

use a postal order

[Walkers85]

Hi,

 

I have my SAR back and I can't really figure out whats going on with it. Shall i upload it and do you recommend I redact my personal details from it?

 

There are letters that were sent to other addresses that I have lived at but the CCJ was registered against the original CCJ.

[dx100uk]

yes ofcourse redact them carefully

 

 

follow the upload

and best to one multipage PDF too if you can.

 

 

you last line above is confusing...

[Walkers85]

I have put my SAR on google docs but it won't let me post a link on here because i haven't posted enough

 

I don't live at any of the address on here however respond have contacted me at my current address before the date the CCJ was registered against me at Cypress way (my original address) I then moved to Woodland Road (where they sent me letters and visited me as documented in the SAR)

[dx100uk]

follow the upload guide

attach it as a pdf

[Walkers85]

I have left some of the street names on to show that they were aware I had moved.

 

I didn't live at either of those addresses when they registered the CCJ against me but Restons did know my address.

[honeybee13]

Hello there.

 

One of the team spotted that your car reg is on the attachment, so I've removed it from your post. You might like to edit and repost the attachment.

 

HB

[Walkers85]

new one attached

blackhorse.pdf

[dx100uk]

unapproved

you need to follow the upload guide and redact in mspaint first...

anyone with even basic adobe tools can remove your blanking.

[dx100uk]

go ring arrows

 

 

tell them via an sar you have proof that they purposefully issued the claimform and subsequently got a CCJ against address one when you have proof via the SAR that BH repo'd the car from address two and their claimform/CCJ was purposefully set to address one to gain a default judgement.

 

 

there is also enough evidence in the SAr that BH unlawfully repo'd the car as you'd already paid more than 1/3rd and that BH conned you into VS when you could have done VT and owed nownt further.

 

 

ask them to set aside the CCJ by consent at no cost to you

and call it quits.

 

 

if they wont,

then advise them you will set aside and sue them for the set aside cost and the full replacement cost of the car and all your payments under section 99/100 of the Consumer credit act...

 

 

dx

[Walkers85]

Just had a mostly pointless call with Reston's solicitors where they said that they wouldn't be looking to set aside the judgement because they have acted on the last known address. They said they then received mail back from that address so they tried contacting me at my alternative address which is the one I actually live at.

 

Should I bother writing them an email/letter or go directly to the court?

[dx100uk]

off to court

they are lying and they know it