help!! Blackhorse taking us to court to get vehicle back next week.....

[missy1980]

PLEASE HELP!!!! My boyfriend has had a letter from the Court stating that a hearing is taking place in 2 weeks for return of goods.

 

He went to Switch Car (without me) and signed up for a Galaxy for £11595 on finance, but the repayments meant total payable was £17695. He paid for the first 2 years and has paid off £6117 alltogether (half of what the car originally cost) but when he got into difficulties when unemployed they didnt want to know they wouldnt accept lower payments, even when we told them that the car was always breaking down and spent 2k fixing the car, they were not interested.They have even added on £1267 in charges and interest and want £12,825 now.

 

The solicitors taking him to court are Sechiari, clark and Mitchel. The witness statement says:

 

I, Robert Fyall of finance house hereby state I am legal recoveries controller, at the time of making this statement, the claiments records show outstanding balance of £12825 (he has also enclosed agreements of what my boyf signed when getting the car and copies of dfn).

The order requested is

1)An order for delivery of the goods

2)The arrears of installments and half total amount payable under hire purchase agreement

3)The costs of this action

 

However the claiment will accept a return of goods order suspended upon payment of the outstanding balance no less than £292 per month plus contribution for the arrears. I also request the claiment pay the costs of this action of £335

 

 

 

Can anyone help on this? ?He can start paying the £292 again but cant afford anymore at the moment due to losing overtime. We cant even attend the court date as our family is taking us away that week. Should I contact CAB?

 

[nicklea]

ok, I really do suggest you speak to national debtline:-

 

National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

Tell them your situation and that you have a conditional sale agreement and they should be able to give you some advice.

 

I do also very strongly advise you to attend court or write to the court and request that the date be changed.

 

It's not as bad as it sounds because of this bit:-

 

However the claiment will accept a return of goods order suspended upon payment of the outstanding balance no less than £292 per month plus contribution for the arrears. I also request the claiment pay the costs of this action of £335

 

What this means is that if you restart the payments of £292 and also pay a bit more to pay off whatever arrears there are then they won't take the car.

 

If this isn't agreed to then they are seeking to get an order that will mean they will take the car and claim further money from you.

 

It is important to check that they have done everything right - otherwise the agreement might not be enforceable. Could you scan up the agreement that you got from the solicitors? Also, did you ever receive a default notice from the company? This would have said that you must pay £x within 14 days or the account will be defaulted.

 

If they haven't done this then they can't take you to court. But there is nothing to stop them doing it again - properly - and then taking you to court afterwards

 

 

hope this helps

[missy1980]

thanks for the advice. We contacted national debt line who said that we have to attend the court date, even though we are abroad with family, they said to cancel the holiday or see if sols can post date court date. Called Sols and they said they cannot canx the court date as they have too many people they are taking and no spare slots, and that we dont have to attend the court as they dont, they just send the documents to the court and dont actually have someone there, and that we can send our documents too if cant make it. Does this sound right? or are they trying to get one over us?

 

just read national debtline infopack and it says if we dont go the court, the courts will usually say to give car back??!

 

Any help again would be great:-?

[42man]

Do the agreements contain the prescribed terms ?

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Prescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
  
• The money can only be used for the purpose it is given.
  
• There is no interest on the purchase (the cash price is the same as the total price)
  
• And there is no advance payment
  

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

[missy1980]

i have just filled out the claim form for the courts with the income and expenditure which shows we can continue making the original pyt amts. I have also enclosed a statement about whats happened, why we fell into debt from unemployment and that black horse wouldnt except anything lower than mthly agreements. This is because we cant make the court date. So you think that will be ok?

[havinastella]

Blackhorse have also started Court proceedings against me. I offered a settlement figure and when it came back, they wanted more than they were defaulting me for.

 

I asked twice for a true copy of my Statement of account and received my credit agreement

 

Have a look at what a bunch of muppets these people are

http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse.html?highlight=havinastella