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  • Ten years of Black Horse, help me to end it please ?

    I apologise for the length of this but basically I am hoping that it can be unenforceable.I would be grateful for any comments .

    My debt problem started in May 2002 and due to divorce I was coerced into agreeing to the purchase of a motor home by solicitors. This was to enable myself and daughters to regain the family home, and my then husband to move out and live in the motor home. He initially agreed to have this as his financial settlement for the divorce.
    The original debt totalled £40,094.35 , which included interest charges of about £ 10 k.
    However, the divorce dragged on and my husband changed his mind, and I was left repaying the debt. The payments were £333.63 per month and with having two teenage daughters I soon got into difficulty with the debt.
    Eventually Black Horse repossessed the motor home and it was sold at auction for £19400.25 ( I had no receipt of this amount ) I cashed in an endowment which Black Horse said left me with a balance of £17024.17. ( take into account my monthly payments )I went to CAB .They achieved only a small reduction in charges. and after about 20 months I started monthly payments to Black Horse of £30 per month. (By this time Nationwide Collection Services Ltd had taken over the account.)
    I paid Black Horse a further £9000.00 from the payback of the policy and continued to pay £30 per month, then after constant pressure from the collection company I raised the payments to £40 per month and then more recently to £50 per month.

    I now have a balance of about £5000, and I think I have served my time on all of this. My gut feeling from reading the forums is that the debt could be unenforceable. I want to know if they can take me to court for the remaining £5k which is interest being that the vehicle was repossessed.


    Hire Purchase Agreement
    opening balance at 13. 5. 2002 £40094.35
    11 payments by DD to 27.5.2003 £3669.93
    auction payment 26.1.2004 £19400.25
    endowment payment 28.9.2004 £9000.00

    bal £8024.17


    payments made to 28.9.2011 £3470.00 bal £4554.17

    partial interest adjustment
    by the bank £3581.30 bal £972.87

    · I have one sheet of the agreement which does not show any vehicle trade in or interest rate.
    · Black Horse state that the balance due on 16.11.2011 is £5268.70
    · The original financial agreement does not anywhere denote the part exchange that was made for this motor home. Don Amott had a caravan and Kia Sportage against this purchase and both were under two years old.
    · My ex husband signed for the exchange of these and they were not his as the finance was in my name.
    · Having checked all the account figures as presented there are still discrepancies in the calculation and from the 2004 statement to the 2011 statement.
    · We had to formally request the 2011 statement to get some idea of what I was paying for and owing. I have received 2 statements in all of the ten years.
    · I have had no explanation as to why the account was switched to the Nationwide Collection Services and then back again to Black Horse.
    · My experience of contacting the Nationwide was unpleasant as they were aggressive and insistent that I increased my payments which I could not really afford to do.
    · What I cannot understand is that on a 10 year agreement I paid off £32000 in two years on goods with a cash value of £28000.
    · I am being chased for the interest and charges.
    · My credit rating is good and shows no evidence of any of this so called debt. I have stopped the monthly standing order for £50 per month to make Black Horse listen to us but I have sent £5 as a gesture of goodwill and will continue this each month while the issue is resolved.As the FO cannot deal with the problem I have now stopped any payment.
    If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

  • #2
    Re: Ten years of Black Horse, help me to end it please ?

    Morning!

    wow, what a fiasco eh? I would like to think you'll have a good chance for unenforceability but I cannot guarantee they will not try and take action, regardless that the vehicle has been repossessed.

    What you ought to do is cease all payments, you'll have been defaulted on this previously so there will be no further additions to your now clean credit file, however that said you do need to stop paying now and get a CCA request sent in (send it to whoever you are paying) ---> http://www.all-about-debt.co.uk/temp...lity/s1-t1.php

    Then let me see it and we'll clarify where to go next. Thing is you do have a couple of options, but until we get the agreement it's hard to guesstimate - for instance was there ever any PPI type cover? What about excess charges? I think you definitely need to reclaim - but not yet you understand? One thing at a time, plus we could use any possible reclaim to close the account by way of consolidating the balance with the reclaim - but that's a wild guess cos you could have thousands due in a reclaim, or nothing.

    You say the FOS won't deal with this - why? Have you tried to complain and if so what was it about and what happened?

    Thanks

    Niddy :niddy
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Ten years of Black Horse, help me to end it please ?

      Thanks so much for answering. I just paid as I know I signed the damn thing and been conned in a way, but it was my partner who took a closer look, and I have just retired. Anyway, I have gone through the whole FO thing,spoken to them on the phone and had a letter back. They said it was unregulated, and before 2006, and not in their remit.They couldn t deal with it and referred me to a solicitor, I just sent all the details, the paperwork and my complaints about the way the account had been handled, the miscalculations, the errors with the contract. My partner pointed all those out, and more or less what I have written above.

      CAB or Financial Leasing. I did the solicitor as thought it was quicker, but thats just chucking money after it and he did nt seem to get the gist of my complaint, just presumed I would pay it. My gut feeling is that its not right and I should question it, besides, need the money now. CAB.. went to them at the start and I think it depends who you get ... Financial leasing ..not sure about them , So started looking on the net for answers.... I will do that CCA thing and I have stopped paying now. I ll go take a look and thanks again, yes it is a mess but so was my marriage lol ....
      Last edited by Susiebling365; 4 September 2012, 08:50.
      If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

      Comment


      • #4
        Re: Ten years of Black Horse, help me to end it please ?

        Oh ...No PPI. as I never wanted or needed that as I was salaried, besided the monthly payments were high themselves and the barrister said I would not be paying it for long as the divorce settlement would be soon.. Big Joke !!
        If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

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        • #5
          Re: Ten years of Black Horse, help me to end it please ?

          As the original loan is for over £25k, will it not be unregulated?

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          • #6
            Re: Ten years of Black Horse, help me to end it please ?

            Yes ... thats what the FO said, I did nt fully understand the term. I take it to mean over 25k and before 2006, it was not secured either
            If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

            Comment


            • #7
              Re: Ten years of Black Horse, help me to end it please ?

              It would state on your agreement if it was secured.

              You can check with the land registry online. Registration is free but it will cost £4 to get the records online. That will show up any charges on your property.

              Have you sent the agreement that you have to Niddy?

              You can send it here. agreements@all-about-debt.co.uk do not remove any information.

              Comment


              • #8
                Re: Ten years of Black Horse, help me to end it please ?

                Originally posted by vint1954 View Post
                As the original loan is for over £25k, will it not be unregulated?
                Sorry, this may confuse. It should read may be unregulated.

                Even if over £25k it can be regulated. You need to check your agreement to see if it says regulated by CCA 1974.

                Comment


                • #9
                  Re: Ten years of Black Horse, help me to end it please ?

                  I know its not secured against my home, as I purchased this one after the loan and its the one thing I dug my heels in over. They threatened to CCJ my home if I did nt come up with more money. Thats when I surrendered the endownment policy and paid them a further £9k.

                  The FO told me it was unregulated, and I am still not 100% clear on this term. My partner is fetching the paperwork I have from the solicitor today as they were not helpful. There is very little on it, but I will certainly upload it asap.. Thanks.
                  If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                  Comment


                  • #10
                    Re: Ten years of Black Horse, help me to end it please ?

                    Looking at your first post, it sounds like you should be suing your solicitor for bad advice in the first place!!!

                    I don't understand how buying a motorhome to rehouse your husband was ever a good idea, especially as it seems there was no compulsion for him to live in it and he had no liability for it!!!!

                    Comment


                    • #11
                      Re: Ten years of Black Horse, help me to end it please ?

                      Water under the bridge, when you are under stress , lifetime of abuse, you don t think so straight. It was a different person then.
                      I did go along the suing the solicitor route, they close ranks, and I got nowhere.
                      Motorhome, long story.... we had been looking at it, he was a dreamer, vindictive too, the barrister said it was a good idea as it went before the judge that this would be taken against the financial settlement etc etc.. I was naive....the girls were upset and wanting to get back home, we had no clothes nothing.. he wouldn t get out and no one would make him ....anyway he got a better solicitor. But thats past now and I m trying damage limitation now together with a partner who is far better than he could ever of been, and as a father and grandfather.
                      If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                      Comment


                      • #12
                        Re: Ten years of Black Horse, help me to end it please ?

                        This one stinks to my mind, complaint to SRA may be at a later date when possibly more actual info is available, meantime agree get a copy of the original paperwork as has been suggested.,
                        Last edited by The Tech Clerk; 4 September 2012, 10:31.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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                        • #13
                          Re: Ten years of Black Horse, help me to end it please ?

                          I m on the case, this has been the best info I have had in a long time, and I feel the albatross lifting already.
                          If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                          Comment


                          • #14
                            Re: Ten years of Black Horse, help me to end it please ?

                            Letter sent recorded delivery today, meanwhile I ve had to switch my answerphone off and mute the landline as I keep getting calls..
                            If you are using a shovel to dig yourself into a hole, a credit card company will be happy to give you a JCB !!

                            Comment


                            • #15
                              Re: Ten years of Black Horse, help me to end it please ?

                              Send them this letter:

                              Our Templates | Harassment & Intimidation Templates | Harassment by Telephone

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