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This is a bit unusual so I will keep this simple (ish)
I need advise, but so far national debt line are stumped.
1. I take out HP on a motorcycle.12-8-2010.
2. On receiving a statement and I realise that I have actually been charged 20% more than the RRP of the bike agreed with the salesman during my telephone conversations prior to purchasing the bike. This is shown as VAT on top of the RRP, which already included VAT.
3. November 2011, I contact Blackhorse by telephone and letter asking them to rectify the overpayment by contacting the dealer and the factory who I was sure would confirm the correct price. As this was a franchised dealer, not an independent. I also tell Blackhorse in the letter that I will not be making any payments until the correct new payment amount is calculated, then I would start to pay the correct payment amounts. I also advise Blackhorse that the bike will be temporarily put into storage.
4. May 2012 Blackhorse send a long winded letter, basically saying that I signed for that amount and that they would do nothing and told me that I either had to pay in full or they would collect the bike.
5. I wrote again asking them to reconsider. They wrote back in July 2012 saying no, their decision stands.
6. I check with the factory Triumph, who by the frame number confirm that I have in fact over paid by 20%.
4. Bad news. The franchised dealer who sold me the bike have gone into liquidation.
5. Good news. The manager still works there for the new firm and confirms a mistake must have been made by his salesman. But that salesman no longer works with him.
6. Bad News. I contact the insolvency practitioners who tell me that the insolvency is settled and there is no money in the pot.
7. Bad News. I contact Blackhorse who refuse to accept the overpayment. (I would point out that when I signed the agreement I had stupidly done so without reading glasses and just trusted the salesman).
10. Credit Style ltd contact me and tell me that Blackhorse have asked them to mediate, I tell Credit Style that I would like to offer to pay the full balance, less the overpayment of VAT. The mediator, tells me that is a good offer and that he has no doubt that Blackhorse will accept.
11. Bad News. Blackhorse say 'no', because they want the full amount. Also telling me on no uncertain terms that they own the bike.
12. I tell them to collect it. They contact me and say that they will. I tell them that as it is their bike I will cancel the insurance.
13. I cancel the insurance and wait for the collection to take place.
14. They do not collect. I give Blackhorse notice that I can no longer keep their bike in storage and that it will soon have to be kept outside. Although securely chained to the fence. They say by phone that they will collect, but they do not. Unfortunately 19-10-2012 the bike gets vandalised. So I immediately ring and send a letter telling Blackhorse what has happened and that they need to contact the police and their insurance company that their property has been damaged.
15. They do nothing. I send another letter 8-11-2012 to ask them what they are going to do and when are they going to recover the vandalised bike as I will have to have it removed as I no longer have a place to stand or store the bike.
16. They ignore me.
17. I am contacted by Aplins 28 Sept 2013 who say that their clients Hillesden Securities are taking legal proceedings against me quoting the Blackhorse agreement number. There description is: The claim is of course for the amount of your remaining liability under the Agreement following disposal of the subject goods.
18. So I presume that Hillesden have purchased a hp agreement that is for a vehicle which they believe to have already been disposed of.
19. 7-oct-2013 I get a Notice of sums in Arrears from Dlc which shows a balance for Creditor Hillesden Securities which also says: This notice is for your information only. It does not effect any payment arrangement we have agreed with you and you do not need to respond.
20. I take it from this that Dlc have now taken over the agreement and will be contacting me for details of payment etc.
21. 16-10-2013 Hillesden make a claim at Northampton Court against me.
19. I fill in the details online on the Court website to dispute the claim and to move the hearing to my local court. But, I make a mistake and do not complete the whole process properly.
20. A judgment is made against me. So I complete and send to the court the N244, asking for it to be set aside.
21. I now have a court date about setting it aside Mid January at my local court.
All communications in writing in the steps above by me to Blackhorse were sent by recorded post.
Is there anyone who can offer advise on this.
I would like to know if what they have done is all legal.
Also, when the bike was vandalised, who was responsible for it. Me or Blackhorse.
Then finally, what should I do or say at court.
I need advise, but so far national debt line are stumped.
1. I take out HP on a motorcycle.12-8-2010.
2. On receiving a statement and I realise that I have actually been charged 20% more than the RRP of the bike agreed with the salesman during my telephone conversations prior to purchasing the bike. This is shown as VAT on top of the RRP, which already included VAT.
3. November 2011, I contact Blackhorse by telephone and letter asking them to rectify the overpayment by contacting the dealer and the factory who I was sure would confirm the correct price. As this was a franchised dealer, not an independent. I also tell Blackhorse in the letter that I will not be making any payments until the correct new payment amount is calculated, then I would start to pay the correct payment amounts. I also advise Blackhorse that the bike will be temporarily put into storage.
4. May 2012 Blackhorse send a long winded letter, basically saying that I signed for that amount and that they would do nothing and told me that I either had to pay in full or they would collect the bike.
5. I wrote again asking them to reconsider. They wrote back in July 2012 saying no, their decision stands.
6. I check with the factory Triumph, who by the frame number confirm that I have in fact over paid by 20%.
4. Bad news. The franchised dealer who sold me the bike have gone into liquidation.
5. Good news. The manager still works there for the new firm and confirms a mistake must have been made by his salesman. But that salesman no longer works with him.
6. Bad News. I contact the insolvency practitioners who tell me that the insolvency is settled and there is no money in the pot.
7. Bad News. I contact Blackhorse who refuse to accept the overpayment. (I would point out that when I signed the agreement I had stupidly done so without reading glasses and just trusted the salesman).
10. Credit Style ltd contact me and tell me that Blackhorse have asked them to mediate, I tell Credit Style that I would like to offer to pay the full balance, less the overpayment of VAT. The mediator, tells me that is a good offer and that he has no doubt that Blackhorse will accept.
11. Bad News. Blackhorse say 'no', because they want the full amount. Also telling me on no uncertain terms that they own the bike.
12. I tell them to collect it. They contact me and say that they will. I tell them that as it is their bike I will cancel the insurance.
13. I cancel the insurance and wait for the collection to take place.
14. They do not collect. I give Blackhorse notice that I can no longer keep their bike in storage and that it will soon have to be kept outside. Although securely chained to the fence. They say by phone that they will collect, but they do not. Unfortunately 19-10-2012 the bike gets vandalised. So I immediately ring and send a letter telling Blackhorse what has happened and that they need to contact the police and their insurance company that their property has been damaged.
15. They do nothing. I send another letter 8-11-2012 to ask them what they are going to do and when are they going to recover the vandalised bike as I will have to have it removed as I no longer have a place to stand or store the bike.
16. They ignore me.
17. I am contacted by Aplins 28 Sept 2013 who say that their clients Hillesden Securities are taking legal proceedings against me quoting the Blackhorse agreement number. There description is: The claim is of course for the amount of your remaining liability under the Agreement following disposal of the subject goods.
18. So I presume that Hillesden have purchased a hp agreement that is for a vehicle which they believe to have already been disposed of.
19. 7-oct-2013 I get a Notice of sums in Arrears from Dlc which shows a balance for Creditor Hillesden Securities which also says: This notice is for your information only. It does not effect any payment arrangement we have agreed with you and you do not need to respond.
20. I take it from this that Dlc have now taken over the agreement and will be contacting me for details of payment etc.
21. 16-10-2013 Hillesden make a claim at Northampton Court against me.
19. I fill in the details online on the Court website to dispute the claim and to move the hearing to my local court. But, I make a mistake and do not complete the whole process properly.
20. A judgment is made against me. So I complete and send to the court the N244, asking for it to be set aside.
21. I now have a court date about setting it aside Mid January at my local court.
All communications in writing in the steps above by me to Blackhorse were sent by recorded post.
Is there anyone who can offer advise on this.
I would like to know if what they have done is all legal.
Also, when the bike was vandalised, who was responsible for it. Me or Blackhorse.
Then finally, what should I do or say at court.
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