No reporting to CRAs still asking for bank charges

[susiebling365]

Hi I have been reading with interest this forum, but I cannot quite come to a an answer for my question so I hope someone can help me My debt is ten years old , has been defaulted , repossessed etc but I am still being chased for charges and interest, residue to the loan and default charges. The debt is not recorded anymore on my CR file and the BH admit to not reporting it as the vehicle was repossessed and sold, Can they take me to court for these charges and report the same to the CRA? I do think I have served my time on this debt and overpaid them as it is.

[BRIGADIER2JCS]

Ok who is chasing the charges? No they would be very foolish to try court action for charges.

When was the last payment or acknowledgment in writting made in relation to this debt.

[susiebling365]

I have been paying £50 permonth up until my partner looked at what I had paid so far and challenge the state of the account. Especially now I am retired. The debt was with Black Horse , vehicle repossessed sold etc and remaining debt passed to Nationwide debt collectors, Recently I have started recieving letters from the Black Horse again and can only presume its because the vehicle is paid and the remaining £5k is made up of charges and interest ( which originally was around £11k. ) I have more recently been paying £5 a month.... Its very complex I m afraid.

[BRIGADIER2JCS]

Do you have any details on this DCA please.

[susiebling365]

The DCA was Nationwide Collection Services. I presumed that BH used them to collect debts. They used to write to me every few months to remind me that the debt agreement was a temporary arrangement, and sometimes push me for a little more. The CAB agreed with them a payment of £30 and eventually I was paying £50 per month. Anyway, a period of 18 months went by with no word from them, then all of a sudden I got the letters adressed by BH again. My "case" is very complex, and the CAB at the start were quite helpful. I now feel that I need to pay them no longer and maybe I have paid more than I should. I just wish I could talk to someone who could go through it and settle my mind about it all, The FO was sympathetic but could n t help , and solicitors don t seem to be really interested , but will take the money... which I have n t got ....

[BRIGADIER2JCS]

If you want to give us some greater details help will be readily available to you, I for one can certainly draft any letters required and others will be able to advise.

[susiebling365]

Ok. It is embaressingly lengthy, and hope you can understand it.

 

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.