Black Horse Finance Ltd - Unlawful Repossessions within last 6 years.

[Guest repo threat]

It has coime to my attention that the Asset recovery section of Black Horse is adamant that the definition of 1/3rd to acquire protected goods status is one third of "amount of credit"plus"Total Charge for Credit". When i queried this further in respect of the deposit, again they were adamant that the deposit is paid to the dealer and not to Black Horse. The Black Horse agent tried to coerce me into voluntarily terminating the agreement which i resisted and the vehicle was recovered against me wishes as documented by their recovery agent. I will be obtaining a return of all my money as a consequence of their breach of S90 of the Consumer Credit Act.

 

Their interpretation is utter nonsense and creates a serious risk under the FSA's BCOB rules. Quite apart from a complete misinterpretation of the regulations. If anyone has had a Black Horse finance repossesson in the last 6 years or is facing the prospect of one.

 

Do let me know. I am not a claims management company. I am a private individual compiling a dossier to send to the FSA enforement unit.

 

I will happily impart my legal authorities and research information to all reasonable requests.

[Guest repo threat]

Thanks to all of you that sent me a private message.

 

The editorial is now complete and I am awaiting a response from David Godfrey who is the Director of Black Horse Finance Limited and also the person registered with the Financial Services Authority for compliance and oversight and systems and controls at Black Horse.

 

I even managed to get hsi email address. !

[Gfours]

Do keep us all posted on this please

[Guest repo threat]

issued claim 31st january 2011, received return of all sums paid under the agreement on 8th February 2011.

 

its a good result. !

[Dolly G]

Hi ,

 

I am currently dealing with Black Horse.

I have accepted their faulty DF Notice and since sent a letter accepting their repudiation.To date no reply I have checked my CRA File state shows Deliquent and I am unsure whether I should be taking them through the Small Claims system for faulty DF Notice.

 

If you require my details + issues with Black Horse to help your dossier file with FSA .

 

 

Dolly

 

 

 

It has coime to my attention that the Asset recovery section of Black Horse is adamant that the definition of 1/3rd to acquire protected goods status is one third of "amount of credit"plus"Total Charge for Credit". When i queried this further in respect of the deposit, again they were adamant that the deposit is paid to the dealer and not to Black Horse. The Black Horse agent tried to coerce me into voluntarily terminating the agreement which i resisted and the vehicle was recovered against me wishes as documented by their recovery agent. I will be obtaining a return of all my money as a consequence of their breach of S90 of the Consumer Credit Act.

 

Their interpretation is utter nonsense and creates a serious risk under the FSA's BCOB rules. Quite apart from a complete misinterpretation of the regulations. If anyone has had a Black Horse finance repossesson in the last 6 years or is facing the prospect of one.

 

Do let me know. I am not a claims management company. I am a private individual compiling a dossier to send to the FSA enforement unit.

 

I will happily impart my legal authorities and research information to all reasonable requests.

[aquavit]

issued claim 31st january 2011, received return of all sums paid under the agreement on 8th February 2011.

 

its a good result. !

 

Does that also mean the agreement has been cancelled and you keep the vehicle?

[Guest repo threat]

I have received confirmation that I am discharged from all liability yunder the agreement and the record has been removed from my credit file. I didn't get to keep the vehicle, but hey, i was restored to my original position and have had 4 years worth of depreciation free motoring !!!!!!

[Molleyarm]

Hiya, we are currently under threat from the Black Horse recovery section "Credit Style Limited". Husband lost his job and we asked BH if we could make a reduction in our payment £70 per month instead of £110 they agreed, we missed 2 monthly payments next thing we had a Bailiff at the door.

 

We then had letters from Credit Style- after phone calls they have told us we need to pay £240 per month for the next 12 months otherwise they will reposses our car. we need the car to get to work.

 

We have nearly paid one third of the total charge (including a credit charge).

 

Should we start paying Credit Style or fight!!!!:?:

[gail morgan]

Hi, very interested in Black Horse who repossed my car even though I had paid over a 1/3rd and was attempting to make some payments. Still having to pay a debt company the outstanding amount. Can I seriously claim anything ??????????? Very new to all this, but TOTALLY fed up of big companies just take take take attitude.

Regards

Gail Morgan

[wannabedebtfreesoon]

Hello, my friend has just found herself in a similar situation. She has paid a third if the deposit is included but wouldn't have based on the finance alone. Can anyone advise on whether the deposit should count towards the third or not please???

[cab1ne]

Section 90 (2).

 

Where under a hire-purchase or conditional sale agreement the creditor is required

to carry out any installation and the agreement specifies, as part of the total price, the

amount to be paid in respect of the installation (the " installation charge") the

reference in subsection (l!(b) to one third of the total price shall be construed as a

reference to the aggregate of the installation charge and one third of the remainder of

the total price.

[wannabedebtfreesoon]

Just consulted the Goode book and it would appear that any deposit, down payment or part exchange does count towards the third, irrespective of whether it was paid to the dealer or the creditor.

I'm just so angry that these people think they can still get away with doing things like this!

They rang the husband who told them he was at work and then they sent the bully boys round to his house knowing his wife and children would be alone, they even turned up with a big dog and refused to let her get her belongings out of the car Took all the kids car seats and didn't even ask for the keys to the car

 

Sorry for the hijack, just so mad!!

[mikey123456]

Hi, I recently had my car repossesed by this company, i had fallen behind a few times (breaking agreements) because of various situations. I owed a large amount and had the car repossessed the first time, i managed to borrow 1600 from a family member to give them which they said was acceptable, i then set up a new arrangement and kept to it untill august when again i lost my job. At the end of September a woman came to my flat (showed me i.d) and said she was coming to reposses my car, i explained my situation and she was having none of it, she said she was coming at 3pm the following day to take it away and told me to write a letter to manually terminate my agreement. Was this the right thing to do, also am i in anyway able to get the car or anything back? I'm 98.9999% sure ive paid over 1/3 of the agreement?

 

 

Many thanks for your help.

Michael.

[Guest repo threat]

You need to be clear about whether you have signed a new HP Agreement varying the terms of the previous one, or whether Black Horse has merely accomodated late payemnts by way of an arrangement.

 

There is a systemic flaw in Black Horses Computer System in that the opening balance is the amount of credit they physically lend. The statements do not include the deposit paid by you. So when you ring and complain, they are oblivious to the deposit being paid and indeed state that it has nothing to do with them.

 

If you have genuinely paid more than 1/3rd (and that includes the deposit paid to the garage) and provided that you have not consented to them taking the vehicle, then they are in breach of the consumer credit act and you are entitled to a return of all monies paid including your deposit. The credit transaction will be removed and they get to keep the car (which is probably worth less anyway.

 

Look at the HP Agreement

[mikey123456]

Ahhh , I stupidly did what she said and wrote the letter, They said they'd break the window to get it, I couldnt even hide the car, i put a bloody tracker in it.

 

It was done by the way of arrangements.

The car was a top model 58 Plate Corsa 1.3 (90)

 

Any idea of what to do now? Or have i shot myself in the foot?

[Guest repo threat]

they have the evidence to show that you terminated the agreement voluntarily.

 

Clealry, obtaining a pecuniary advantage by deception is a criminal offence. all you can now go on is to look at the default notice, check if its correct and takes account of the 1/3rd deposit and employ a solicitor.

[mikey123456]

How do i do those? I dont think i can afford a solicitor

[Ell-enn]

If you were made to write that letter under duress then you should withdraw your consent - telling you that they would break a window to get it is a threat (assuming they meant a house window)

[Ell-enn]

Lots of solicitors have free initial consultation sessions - look in the local phone book for one

[Guest repo threat]

it may be possible that because the default notice was incorrect (if it is) that you were mislead as to your rights, the only thing is you would know your rights from the original HP Agreement. Ignorance of the law i regret to say is no excuse. as for the threat, if you have an independent witness, you could try that line, in any event, complain to trading standards for swansea, i complained last year and the systemic abuse by Black Horse appears to continue by design !!!!!!

[Gaston Grimsdyke]

If you have voluntarily terminated the agreement, you cannot undo it (at least not without the consent of BH). If, however, they have terminated the agreement because of default and you have then agreed to voluntarily surrender the vehicle, you can withdraw that consent. It boils down to whether you have VTed (voluntarily terminated) or VSed (voluntarily surrendered).