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    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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Clinch/Blackhorse Finance Advice for now unaffordable car please - want to VT


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I hope someone can offer advice.

Asking on behalf of my daughter who has mental health issues and can't cope with this sort of thing.

Thanks in advance.

My daughter, who is on benefits due to quite severe mental health problems, purchased a car through Cinch. I think it was between £8,000 and £10,000.

I appreciate it's probably not their business to check on affordability, but at the time I thought it ridiculous she could buy such an expensive car while on benefits. This happened about a year ago I think.

Fast forward to now and as she has moved out of my house, where she lived free, and moved into a privately rented place she can no longer afford to pay for it. These things happen and I'm certainly not blaming anybody.

I just want to be able to help her out of the situation with as little drama as possible 

I was thinking maybe best just to let them repossess the car ,which I guess they will do eventually ,or inform them of the situation to speed up the repossession.

Then apply for something like a DRO to deal with the finance shortfall which I think will be a considerable amount as the car is not in a good way.

I would be really grateful for the opinions and suggestions of the kind and helpful people I know use and run this site.

Many thanks,

Billy.

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It is absolutely cinch's business to check on affordability. If they haven't and you can prove that they have given credit to someone they know couldn't afford it at the time then that would be irresponsible lending.

Naturally this doesn't apply if they could afford it at the time and now can't (cinch aren't fortune tellers)

Don't do anything yet!

How long have they had the car and how long is the finance? Who is the finance company?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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If you want advice on your Topic please PM me a link to your thread

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Thanks for replying Lolerz.

She has done nothing as yet apart from being unable to pay the last payment or two.

I believe the finance is with Black Horse.

She has had the car about a year and the finance has about 3 years or slightly less to run with an option at the end to return the car or pay a large payment to keep it.

Thanks

 

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so PCP agreement with blackhorse i will guess?

if she has not paid to the 1/3rd mark (see back of agreement for the figure) then the goods are not protected under the consumer credit act.

DO NOT HAND THE CAR BACK OR LET THEM TAKE IT!! it will cost you dear!! 

where is the car parked, on private land or a driveway? if not get it parked there ASAP and NOT ON A PUBLIC ROAD. (they can simply snatch it once they issue a default notice)

you could start an unaffordable lending claim against CLINCH

Irresponsible lending (IRL) PDL Reclaim Guide - Indepth Step By Step - PayDay loans and Short Term loans - General - Consumer Action Group

if its works everything might be rolled back and cost nothing other than handing the car over but let's see. 

was she on benefits before the move out only too? was her file shot with defaults and lots of outstanding lending when she got the car?

DO NOT do a DRO if you can poss avoid it. as it wont only be for the car finance but all her debts and that turns unsecured debt into a legally binding order. not a good idea. esp as she is renting, they wont like that on her file.

if the IRL  fails then best bet is to do a Voluntary Termination ONLY , she must instigate that NOT let Clinch do a Voluntary Surrender!

VT costs only to the 50% mark.

VS cost the 100% loan amount minus what they get reselling the car.

let us know your thoughts now please

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx.

She has never looked at her credit file so I am going to try and help her do it tomorrow.

Pretty sure she hasn't reached the one third mark but I'll check with her tomorrow.

I just read the unaffordable lending thing and didn't really understand it.

I do know it mentions a Voluntary Termination is available in her paperwork.

The car is on a public road but I could get her to move it to my drive if this helps.

She was on benefits while she lived at mine too.

She only really had money for the car because I let her stay for free.

Many thanks for getting back to me. I'll try to find out more tomorrow

Regards

Billy

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IRL is a complaint the finance was mis sold because they might not have done any credit checks on her, which under lending laws they must.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have now seen her credit file. It only really shows the car loan and the car insurance.

I guess this means she can't claim they didn't do affordability checks so what would be advice as to her next step?

Thanks in advance

Billy

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ok

well BH aren't known for being nasty etc, they are lloyd a mainstream bank. not like moneybarn motonova etc etc. that can be very nasty.

does she want to keep the car?
but its just going to be if truthful there is no chance of being able to pay for it realistically going forward and ofcourse use = running costs too?

the cheapest option here is going to be VT (has to write) whereby she will only owe to the 50% mark detailed on the back of their agreement. and as its BH i suspect once that is done and dusted , will most probably be persuaded to accept even lower payments.

your thoughts

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for replying dx.

No she doesn't want to keep the car. It's cost and other running costs are impossible for her now . I just want to get the situation settled with the least amount of stress for her because of her mental health. 

Cheers,

Billy

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  • dx100uk changed the title to Clinch/Blackhorse Finance Advice for now unaffordable car please - want to VT

voluntary termination then.

have a read of this thread CAREFULLY

everything is there in good detail.

MoneyBarn - Voluntary Termination - Moneybarn Issues - Consumer Action Group

thread title updated and moved to the Blackhorse forum

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

let us know

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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