Jump to content


  • Tweets

  • Posts

    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Black Horse arrears


marlow
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6380 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've read every thread concerning this company and do not see what I'm loking for so I'm hoping for a reply to this thread.

 

Basically, I'm not sure exactly what I owe to these, but I'm quite sure they add loads of money onto the amount owed because of arrears etc...Can I still claim the same way for any charges with loan companies like this? I mean we sign an agreement which says they will add loads of interest etc if we fail to keep up payments, but surely this is still illegal profiting is it not?

Link to post
Share on other sites

Yes, these charges are also unlawful and should be deducted - along with any interest they have accrued. It would be worth asking them for a full breakdown of your loan since it's inception. If they refuse, or want to charge you more than £10 for it, then do a full DSAR as per the templates.

 

 

 

 

 

 

Link to post
Share on other sites

  • 1 month later...

I owe black horse money and I have repeatedly tried to sort it out with them but to no avail. Currently, they have Mckenzie Hall debt collectors on my back and today I received a letter saying they will be going to court about it. If they don't receive the FULL amout after judgement, they may take an attachment of earnings, seize some of my assets, lodge for my bankruptcy. Now what can they actually do when A) I've repeatedly sent them means forms showing my outcome to be more than my income and despite that I've offered to pay £5 a month. B) What can they take of mine when the property I'm in is rented and the stuff in my room ie tv, computer etc belongs to the landlady (though no proof of purchases).

 

I spoke to citizens advice about debt a few months ago and they said I am perfectly entitled to pay as little as £1 per month. If I've showed my means to be rubbish, then surely they can't take an attachment of earnings as this would leave me unable to live therefore be illegal, no? Also, I have yet to claim charges back from them which I need to get off my bum and get on with asap. Any advice please?

Link to post
Share on other sites

Please see the forum about debt collection agencies, there is a lot of useful advice in there.

 

I would respond to their letter that before you are going to make any payment to the DCA you want to see proof of the debt assignment from Black Horse. Set a fixed time for response such as 14 days. You don't say what form the debt takes but if it is a loan agreement then you also ask for a copy of that too. Unless you get proof of the debt assignment don't deal with the DCA.

 

It is unlikely they will go to court or do any of the things they threaten especially as you have made an offer to pay. Keep everything in writing, don't talk to them by phone. Try to keep up the payment plan you have agreed to. Ensure you get a statement that shows your payments and so you can check you aren't being charged any additional amounts.

Link to post
Share on other sites

Thanks.

 

I currently pay black horse themselves £5 a month. The thing is, I want to reclaim past charges from them. Do you think I could do this whilst also asking for original documents, probably not receive them then not have to pay debt?

Link to post
Share on other sites

its possible maybe even likely but if they can produce the paperwork your back to square one.

 

The good thing is if it does get to court the judge is unlikey to force you to pay more than you can afford... try the DPA request and if you feel lucky go for the CCA and if they cant produce the paperwork you may be in with a chance. The debt will at least be frozen.

 

best of luck

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Baconbutty congratulations, you jammy git!! :D

 

Citifinance or whoever it was you took a loan out with clearly are complete imbeciles and I just hope that Black Horse are the same! I was considering claiming back my charges and THEN requesting the original documents, so then I'd be getting money back plus not having to pay anymore if they fail to produce docs. But now I may just try the CCA thing straight away. Makes you wonder, what the hell do they do with the original docs? You'd think they'd be safely filed away!

Link to post
Share on other sites

Wouldn't it be a good idea to make a CCA request letter as a tremplate? I can't see one anywhere, only in Alanfromderby's thread.

 

Also, if we put in the letter that we have a good defence, we will defend vigorously etc, isn't this more likely to get them off their arses looking for the agreement, whereas if we just request the docs under the act and say no more, they may think we won't follow anything up and be less inclined to bother, then leaving us home and dry?

 

And another thought, do they have to provide THE ORIGINAL that you signed and not a photo copy, if so, would they send this recorded delivery, and if not, surely we could just dispose of them and say haven't received anything therefore no evidence?

Link to post
Share on other sites

Also, if we put in the letter that we have a good defence, we will defend vigorously etc, isn't this more likely to get them off their arses looking for the agreement, whereas if we just request the docs under the act and say no more, they may think we won't follow anything up and be less inclined to bother, then leaving us home and dry?

 

It doesn't matter what they think to be honest. After 30 days they have committed a criminal offence. You are the victim. Are YOU gonna keep schtumn? If they have the agreement then you have to pay, simple as. Most of them don't seem to have the agreement.

 

And another thought, do they have to provide THE ORIGINAL that you signed and not a photo copy, if so, would they send this recorded delivery, and if not, surely we could just dispose of them and say haven't received anything therefore no evidence?

 

They have to provide the original or a copy of it with your signature on it. If they weren't stupid, they would take reasonable precautions to ensure that they knew you had it. Quite apart from this, the behaviour you suggest would be downright immoral and would not be anything this site nor anyone on it would associate themselves with. The whole idea is to make these organisations comply with the same laws that we have to comply with, not to get one over on them.

 

EDITED to reflect Alan's comment below; apologies for confusion.

Link to post
Share on other sites

Quite apart from this, the behaviour you suggest would be downright immoral and would not be anything this site nor anyone on it would associate themselves with. The whole idea is to make these organisations comply with the same laws that we have to comply with, not to get one over on them.

 

Yes of course, I wouldn't condone such foul behaviour, honest.

Link to post
Share on other sites

Right, so let me get this clear. No reply after 12 days, naughty, naughty, don't do anything though. No reply after 30 days, still don't do anything? Or then write and say I owe you nothing according to such and such law and see what happens?

Link to post
Share on other sites

No reply after 30 days, still don't do anything? Or then write and say I owe you nothing according to such and such law and see what happens?

 

Now that of course depends. You have a number of choices.

 

1. Do nothing; pay nothing. They cannot enforce it therefore you don't need to pay them anything. If you continue to get letters then report them to TS for harrassment, and continue to pay them.... NOTHING. This option is useful if you've not paid them a significant amount already, there are no defaults against you, and you just want to get on with your life.

 

2. Write to them instructing them to remove any defaults against you, and demanding any money you have already paid to them under this account. If they fail to do this, LBA, Court.

 

3. Write to them stating that you will no longer be making payments against this "debt" as it is unenforceable. Tell them that you consider the matter closed and that no further correspondence will be entered into.

 

4. Don't write to them at all, but complain to Trading Standards. Tell them you asked for CCA details and got nothing, and that they continue to pursue the debt.

 

It's entirely your choice.

Link to post
Share on other sites

I see.Thankyou for your assistance, it's people like you and many other helpful souls on this site that are true stars for providing info for free. :)

 

Well I am definitely all for the claiming back what I've already paid option and I will definitely have a defulat against my name, I've yet to get my credit file to find out just how many I've got. My £10 cheque I sent to Black Horse with my DPA request was cashed today, but they may have just taken it off my account so we will see.

Link to post
Share on other sites

  • 1 month later...

I sent my statement request letter to Black Horse finance on 20th July, and it's been well over 40 days without reply. The £10 cheque was cashed 26th July. Now I will send one of alanfromderby's template letters threatening action. Bit worried about where it goes from there if they persist in ignoring. I have also sent them a letter requesting original documents which has so far and probably will be completely ignored. Anyone else had requests ignored?

Link to post
Share on other sites

  • 3 weeks later...

I've received copies of the original documents, plus about 500 pages of other stuff most of which I can't make head or tail of!! They've said statements are to follow, but basically everything is arriving way past the deadline. Ultimately I will go down the route of claiming back the charges, but as for everything being late, I just report them to commissioner and that's it?

Link to post
Share on other sites

Yes if they provide the info requested past the deadline you can report them to Info Commissioner. If they still do not provide the statements then you can take them to court to comply. Instructions here with template letter:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

Link to post
Share on other sites

The IC can fine them and also if they have lots of complaints regarding the same company it looks bad. The IC can enforce them to comply but this can take quite some time because of the back log of complaints. The quickest method for you is to take them to court to enforce compliance. However, a complaint to IC should also be made just to keep them on their toes in the future with other requests.

 

Hope this helps

 

Zoot

Link to post
Share on other sites

  • 4 weeks later...
I've received copies of the original documents, plus about 500 pages of other stuff most of which I can't make head or tail of!! They've said statements are to follow, but basically everything is arriving way past the deadline. Ultimately I will go down the route of claiming back the charges, but as for everything being late, I just report them to commissioner and that's it?

After sending a non compliance letter to them, they've gone and sent me exactly the same stuff through again WITHOUT STATEMENTS! So I phoned the guy up, he came out with this crap that he was waiting for me to confirm my new address...so they'd sent me the signed docs info to my corresponding address but not the statements. What a load of crap! He said they are on the way then so what should I do. They've yet again failed the deadline!! What's the next step?

Link to post
Share on other sites

I've finally received statements. Interestingly no charges have actually been taken, but there's 700 or so pounds added onto the end of the loan in charges that they would like me to pay. I am already paying a steady fiver a month so will just leave it at this then once the original balance is paid I won't be paying anymore, surely they won't try taken me to court to pay unlawful charges!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...