Black Horse Debacle **WON**

[Robtrader]

Good Day to you all,

 

Three and a half years ago, I took my old car to a dealer, in order to buy another one - my original car was on finance from Black Horse, I then bought the second one with a new finance agreement from Black Horse. The same car dealer in both occasions went through an agent for Black Horse to organise the finance, whos name I will not offer right now.

 

At the time I had a terrible credit rating, so was suprised when I managed to get finance on a high value Range Rover through Black Horse. The dealer told me that I was lucky, and that the agent had managed to get the new policy paying off the old one - he also mentioned that this was a mistake, although I did not question it.

 

I left the original car with him, and shortly after received a letter from black horse saying the agreement was terminated, and my payments were complete. About 4 Months later I received a letter from Black Horse telling me quite harshly that they were going to take legal action against me for non payment of said terminated agreement. I wrote to them straight away asking for an explaination. Nothing came back for another 3 months. Every now and then I would be contacted by various debt collection agencies looking for around 12K. I always explained to them my position, told them to speak with Black Horse, and never heard from them again.

 

Several months ago, Black Horse's solictor put a county court claim against me. This will be in January - documents have to be at the court on Dec 11th. Black Horses solicitor has provided documents, which show that the original agreement was settled, and then reversed months later (I suspect Black Horse realised there was a mistake) I have called black horse to get the agents agreement documents on the second lease agreement - they cannot find them, although they have all of the documents on the first.

 

I have now fully paid the second agreement.

 

Black horse have never directly sent me any communication as to why this has happened - this started 3.5 years ago.

 

I now live in Croatia, and I also wonder if CCJ even applies to me. I am intruiged as to where I stand and why BH are going to the trouble of taking me to court. I would happily instuct any proffessional that wishes to look at this by the way.

 

Your input would be most appreciated.

[cerberusalert]

Thread moved to General Debt Forum

[cerberusalert]

They cannot legally obtain a CCJ against a UK non-resident. If they did manage to do it using an old address you could easily get it set aside.

[kurvaface]

Are you saying that the first agreement wasn't paid off? Or has it been paid off but they have not realised?

[Robtrader]

It was paid off, but I dont think the second agreement included this amount - black horse realised their mistake months later and tried to reverse it. It is also worth noting that Black Horse would never (or so I would have thought) have opened up 2 agreements on one person at the same time.

[Robtrader]

Regarding all of the above - going on the thread regarding CCJ's - this is all a moot point. The solitor is currently corresponding with a forwarding address in the UK. Sureley if I inform them and the court I am a non resident, this will stop any proceedings - the hearing is next year

[cerberusalert]

Sureley if I inform them and the court I am a non resident, this will stop any proceedings

Yes, just contact the court named in the papers & inform them.

[Robtrader]

Thats great thanks - Ill let you know how I get on.

[Robtrader]

Hi -

 

Just to let you know, I have supplied the court with a letter covering the fact I have no UK forwarding address, and that I am a non UK resident now, complete with my Registration Certificate abroad. This will be with a Judge next week, and they will let me know - I will let you know how it pans out.

 

Rob

[kurvaface]

So in this situation, what happens? The court doesn't give a ccj - is that correct?

 

Can this then become statute barred or are there other avenues for Black Horse to chase this overseas?

[cerberusalert]

So in this situation, what happens? The court doesn't give a ccj - is that correct?

A court cannot issue a CCJ against a non UK resident & a debt cannot be enforced abroad without a CCJ. Although certain countries do have reciprocal agreements in the majority of cases the cost is too prohibitive for the claimant to pursue unless the debt is extremely large.

[kurvaface]

I guess there aren't many dca's who could speak a foreign language anyway. Imagine a threatogram in French - I just don't see it working especially when they have such a poor grasp of the English language to start with.

 

I hope this all works out for you Robtrader.

[cerberusalert]

They do speak a second language... Double Dutch.

[Robtrader]

Thanks -

 

Any ideas how long the debt stays live?

[kurvaface]

statute barred 6 years after last acknowledgement or payment I think

[Robtrader]

Sorry - just read the notes on Statue Barred. Thanks

[Robtrader]

Hi, I have heard from the court.

 

Firstly I informed the court that the corresponding address they were using (my parents) can no longer be used, and I had no other UK address. Secondly, I informed them that I was a non resident. Calling the court today to find out progress, I am informed that the Judge has declared I must produce a UK address, and has sent this instuction in a letter to my parents address. I explained the situation with my foreign address, and they said it was unusual to correspond overseas. I'm not sure if the Judge just hasnt read the file properly, or in fact I'm missing something. Sureley I dont have to do anything of the sort.

[kurvaface]

That doesn't sound right does it?

 

Wait for an expert to come along:)

[cerberusalert]

Just inform the court that you cannot provide a UK address because you don't have one to provide as you are not a UK resident.

[Robtrader]

Hi,

 

After several letters to the court informing them that I had no UK address, and stating again that I was a Non UK Resident, copying in Black Horse's solicitor, on the 11th Feb (My Birthday) a letter was recieved from the law firm in question.

 

It stated that Black Horse has taked a commercial decision to withdraw its case from the court. This was because I was a non UK resident, and it would be too costly to pursue me through local Croatian procedures. Attached to the back of the letter was a copy of the Notice Of Discontinuance dated 10-02-10.

 

Happy Birthday!

 

Many thanks to this site for assisting me in this matter, I wouldnt have done this without you - and I will be making a donation next week (please let me know how I do this)

 

I also have around 15K of credit card debts, based from my time several years ago in the UK, of which I have taken the help of a debt assistance company. They have made arrangements with the credit card companies, which means I pay no interest, and a minimum payment, based on my available income, which is reviewed every six months. My plan is to stop paying these immediatley, and make an offer to settle these debts with each creditor, based on the knowledge they will not pursue me localy in Croatia. I am thinking 50% - any advice here? I work for myself, and pay myself through my company, so income can be whatever I like.

 

Robtrader

[cerberusalert]

Start at around 20% and rub it in that you are a non-UK resident and how costly it would be for them to pursue.

 

To donate just click the 'Click Here' in my signature or at the top right of this page.

[Robtrader]

Hi,

 

Two of my Credit Card debts MBNA and Barclays have accepted a 30% offer on settlement.

 

This comes to a total of around 6000 GBP - reduced to 1800.

 

I still have two more to go, Of equal amount, but pretty confident they will capitulate.

 

Will keep you advised - and thanks again.

[Robtrader]

BTW - made a donation, will do more once all completed.

[cerberusalert]

Well done and best of luck with the other two.