Blackhorse Car Finance - Case won at court, should they remove from my Credit File?

[Poolio]

I have just checked my Noddle Credit Report and noticed an entry that I feel should be removed and would be very grateful if someone could advise if I am correct....

 

About 3-4 years ago a small claim was issued against me by a car finance company.

It followed months of myself trying to ascertain the true figure that was owed,

the creditor was very uncooperative and unhelpful and didn't seem to have a reliable system

and produced contradictory amounts or even ignored my requests.

 

I also noticed that the agreement they produced was shoddy so I included it in my defence and argued it may be improperly executed.

 

The matter went to court 3 or 4 times and each and every time the finance company either didn't turn up

and when they did send someone they were ill-prepared and came across as though they'd automatically win

and didn't make any effort to answer the points of my defence.

 

In short the judge ended up agreeing with me, got so fed up with their 'arrogant' stance

(throughout they just acted as though they were owed money and seemed to ignore my defence

and didn't expect to have to offer any proof of amounts owed etc).

The judge ruled in my favour and said I had no debt to pay.

 

Since then about a year after I received a couple of letters requesting payment which I ignored as I'm hardly going to pay something where there was a judgement in my favour.

 

My questions are

a) Can they ever take this matter back to Court again - e.g by altering the amount owed? and

b) The entry for the debt is on my Noddle credit file

- As I won a case at Court should I be able to get it removed?

and if so, do I contact the finance company or just report it to Noddle?

 

Any advice would be much appreciated as I would like it removed from my credit file if possible as it's a pretty large amount and one which was ruled in my favour in a County Court.

[Conniff]

The question is, did you miss some payments, if so then yes they are entitled to put a record of the missed payments on your file.

[dx100uk]

if the judge ruled no debt exists

then it should be removed.

 

you need to demand this of the OC,

 

dx

[Poolio]

I have just checked and I stopped paying in late 2008 as after doing calculations I felt the amount requested was inaccurate and several payments I made were not being recorded. Once the finance company correctly told me what I owed I was going to resume payments. This never occured, they were unhelpful and failed to acknowledge any fault and antagnoised the situation by issuing a small claim which was unnecessary had they cooperated with me.

 

The judge completely agreed with me and as such ruled in my favour and said there is absolutely no debt to pay.

 

On my credit file a default is shown from early 2010 (around the time the company LOST at court) and the default amount is excessive and is the amount which they failed to prove to myself and a judge was even correct.

 

I don't understand how it is fair that a default has been registered for a debt that a County Court Judge ruled isn't valid and has no amount to be paid.

[dx100uk]

daf or welcome finance?

[Poolio]

No, Lloyds - Blackhorse

[dx100uk]

well 3rd in line

 

get it removed

 

ask brig to do you a letter.

 

dx

[NailPost]

If they are acting contrary to a court order a judge may consider it a contempt. That could spell trouble for the company!

[BRIGADIER2JCS]

Hi do you have the details of the ''judgement order'' made in your favour?

 

With that information I can draft a letter for you as dx suggests.!

[Poolio]

Thanks a lot for the advice and offer to draft letter from Brigadier......I'll have to look through my files to find the judgement as it was 2-3 years ago, I'll search for the judgement.

 

So there's no chance that Blackhorse can go the legal route again after losing? Just that I remember the solicitor being rather annoyed at the judge's decision and afterwards he told me Lloyd's would be looking to take further action.....As they have only sent a couple of DCA style threat letters since I suppose that his comments were an idle threat?

[Poolio]

Excellent I have found all the details and previous letters!

 

The judgement order was made in March 2010 and it was ordered 'the claim do stand struck out'.

 

In may 2010 though I received a letter from SCM Solicitors advising that their client Blackhorse would be taking legal action. I sent a letter to them and copied it to Blackhorse advising that they'd already taken legal action and failed and that I wanted the debt written off in accordance with the judgement.

 

SCM replied and stated despite the judgement the debt is still outstanding and proposed that I pay installments and sign a consent order!

 

I got a further letter from SCM Solicitors in October 2010 threatening legal action again. I think I just ignored it and have received nothing since.

 

I'll copy the judgement text in my next post....

[Poolio]

Here's the order: Basically we went back and forth to court several times and the judge before the final hearing had ordered the claimant to reply to my defence but Blackhorse simply ignored all orders and refused despite warnings that the claim would be struck out. The solicitor at the final hearing just turned up and expected all the details of my defence from us and just expected us to agree to a settlement.

 

Anyway, here's what the order says:

 

GENERAL FORM OF JUDGMENT OR ORDER

 

Before District Judge X sitting at X Court

 

Upon hearing the Solicitor for the Claimant and the Defendant in person

 

And upon it appearing that the Orders of 2 June 2009 and 5 October 2009 have not been complied with and that accordingly the Claim stands struck out pursuant to the Order of 2 June 2009, and there being no application by the Claimant for relief from sanctions and no evidence from the Claimant in respect of its default.

 

IT IS ORDERED THAT

 

The claim do stand struck out

 

Dated February 2010

[NailPost]

Seems to me these solicitors are really chancing their luck!

[BRIGADIER2JCS]

Seems to me these solicitors are really chancing their luck!

 

Solicitors take instructions from their clients and follow them!!!