black horse want to repossess my car -please help

[carinas]

some help required urgently please!

 

have had my car on finance with black horse since last Sept, account was paid regularly and on time until april when i missed my payment, there had been an ongoing problem with an exhaust and the dealer had refused to fix it any more ( they had fitted 3 exhausts on the car which all broke and so i paid out for a peugeot exhaust to be fitted) I had stayed in contact with Black horse and advised them of this and they agreed that my payments for april and may be late or deferred (inever got this in writing) i have since missed paying june and july payments due to personal circumstances and Black horse have now instructed the car to be collected. So i rung Black horse and the person i spoke to gave me a hard time about not making my payments (all fairly!) and said to go away and think about what i can pay and when and if i can actually afford to keep the car and to call them back with a payment plan. SO i rung back the next day with a payment plan and the girl i spoke to this time says no its arrears in full Or return the car. They are even asking me to pay this months payment which is not due until the 30th in with my arrears (which need to be paid by tomorrow else they collect the car, they are around £1000). I have spoken to the guy instructed to collect the car and he says he cant agree a payment plan so it would be up to them to sort it out, but said they are a harsh company to deal with. I cant afford to pay all the arrears right now but could in about 3 weeks. What can i do? If i CCA them now can they not take the car until they have produced my agreement? Please help, i know its my fault for falling bahind but i feel they are being quite unhelpful.

[Trojan1401]

carinas,

 

Appreciate that car is on finance via Black Horse & cannot see a solution through them however are you able to obtain a new loan to cover the BH finance through your bank or other reputable finance institution? I appreciate personal circumstances may not allow this but it may be worth a try. I suspect if you can then BH will allow a little more time to comlter loan.

 

Other option is to speak to someone senior and Lloyds and ask if they would rewrite the loan or commute to a personal loan albeit I bet at a higher interest. Better than losing car though as the mkt value now would probably not cover loan ?

 

Just a few thoughts which I hope may help.

[carinas]

thanks for your reply. I cannot get a personal loan, i had tried but the company said that they could see i had some missed payments on my car finance.

[2Grumpy]

How much have you repaid? If more than a third I don't think that they can reposess without a court order

[sequenci]

a few questions

 

1) Is the agreement HP? I would imagine it is, please confirm.

 

2) Is the fault rectified? Who supplied the credit, was it the firm you purchased the car from?

 

3) Have you received a default noitce?

[detectall]

I think you're right there, if one third of the payments have been made, they need a court order to reposess. I was in the same position several years ago.

 

A copy of the original agreement should state the terms and conditions.

[carinas]

a few questions

 

1) Is the agreement HP? I would imagine it is, please confirm.

 

yes it is

 

2) Is the fault rectified? Who supplied the credit, was it the firm you purchased the car from?

 

fault is rectified now but only because i paid out over £300 myself, credit was supplied via car dealers to blackhorse

 

3) Have you received a default noitce?

 

I dont believe so, although Black horse insist that i have.

 

I've only had the car for 11 months so i wont have paid more than 1/3, as it was over a 3 year term. Although i did cancel the PPI which significantly reduced the amount of the total amount to repay.

[sequenci]

please answer question 2, it is REALLY important

[carinas]

hi,

when you say who supplied the credit do you mean did the dealers tell me to use Black horse? they did if so. Black horse provide the finance then. If its not what you meant then i dont understand your question! sorry!

 

the original total amount of credit was £10527 and my credit file says i still owe £7833

[sequenci]

If there is a persistent fault with the car you could argue that it is not fit for it's purpose. In the case of a hire purchase agreement, you have contractual and statutory rights under the Supply of Goods (Implied terms) Act 1973, as amended. This means that the goods must be of satisfactory quality and match their description. If there is a breach of these conditions, You can take action against the people who sold you the vehicle OR the finance company. This is becuase they have joint and several liability for the car being satisfactory for you.

 

I think you should seriously consider getting in touch with both your Local Trading Standards team AND The Finance & Leasing Association.

 

If they have served you with a default they could repo the vehicle, you should move fast to point out that there is a dispute in place and whilst this dispute remains they should hold fire on any further action.

[carinas]

right i've sorted it, used some of what Sequnci said and told them there was a persistent fault with the car, argued that they had said they would defer the 2 repayments, and they agreed to me paying £500 now and deferring the rest. Feel so much better now. Thanks for all your help.

 

C xx

[carinas]

should add that i am now going to SAR them as i heard him say about outstanding charges on the account! WHAT!!!!!!!