Black Horse v Me - Please Help (pleading)

[Aironaught]

Hello,

I've been reading around on here for ages & now I'm feeling very confused & extremely worried, I'm hoping that somebody can give me some advice... (sorry it's long, I'm really stressed )

 

The Story...

• In 2003 I purchased a car on hire purchase with black Horse Ltd.
  
• I had been paying monthly until May 2006, when a crack was found on my car engine after a minor crash.
  
• My insurance company (Direct Line) gave me a settlement amount for my car as it was beyond repair. The insurance company paid the money straight to Black Horse.
  
• I assumed that the settlement amount had settled my 'debt' with Black Horse ltd as I haven't recieved anything to suggest otherwise (no letters etc).
  
• THEN... quite a few letters were sent to my address, but for a different surname. I therefore didn't open them. Until one looked really important, and it stated that I hadn't complied with the court order, could go to prison for 14 days.
  
• SO... I phoned the court & explained that I hadn't recieved any court papers as they were not in my name. They agreed to send the forms out again.
  
• I have sent the acknowledgement of service form back & I now have until 27th May to submit my defence

I don't know where to start. There are over £500 of late fees and then court costs of £120 & £80 solicitors fees which have all been added onto the intial amount.

 

I can't find any of my documents for the agreement, so should I write to them and ask for the agreement? and ask for a list of charges?

 

ANY advice would be greatly appreciated.

[baileyboy]

I cannot understand why Direct Line sent the settlement cheque to Black Horse, when your the policy holder, and presumably your name is on the v5? Did you instruct them to do so?

[Aironaught]

No I didn't ask them to send it directly, they told me that that's what they were going to do, and I suppose I just accepted it.

 

I didn't think anything of it at the time. Looking back, with hindsight, I think I have been quite naive all the way through & would do things very differently in the future.

 

I think I'm going to ask Black Horse and Direct Line for all the information they have on me.

 

For that do I just use the SAR letter?

[Belaflat]

I cannot understand why Direct Line sent the settlement cheque to Black Horse, when your the policy holder,

 

It is standard policy as with a HP agreement, you do not legally own the goods until such time as the last payment is made.

 

Problem with cases such as this, you are not in a position to dispute the amount with the Insurance as they are dealing with the legal owners of the vehicle, ie, the finance company.

 

You need to get a full breakdown off what you have paid, what the insurance paid etc and reading through the site, a SAR would seem to be the way.

 

As to how you approach the Court paperwork, hopefully someone more knowledgable will be along soon to help you through.

[payingonlyencouragesthem]

Also ring BH or their solicitors and ask them what they would accept as a settlement figure and get it in writing. BH always load ridiculous fees onto these things so you will certainly be able to dispute at least part of the debt. It's rather a pity that you stuck your hand up and admitted that you were the car hirer when they were serving court papers under the wrong name:mad:.

[Aironaught]

I'm going to send a letter asking for a breakdown of the account, what has been paid by myself, what has been paid by insurance company, and also what fees have been added (and a breakdown of these fees).

 

Am I best to send the letter to the solicitors, or directly to Black Horse?

 

I'm thinking of sending it to Black Horse, and then a copy to the solicitors.

both by Special delivery.

[payingonlyencouragesthem]

Am I best to send the letter to the solicitors, or directly to Black Horse?

 

 

Send it to the solicitors - it's all the same company anyway as far as I can make out.

[sequenci]

did you have GAP insurance or anything like that?

[Aironaught]

I have sent an admission of guilt for not paying the whole amount due but also asked that the late charges are removed as I was unaware of them being added.

 

I might not get anywhere with it, but I thought it was worth a try.