Blackhorse Car Finance

[suresh]

Hi all really need some urgent advice ! My 32 year old son was duped into getting a Audi A6 £22k car on finance for a friend who was going hire it out ,and take car of the payments ,his mate put him in touch with his mate who was a salesman at bury motors in Sept 2015 ,my son was told to ring him up and he sorted all finance over phone taking my son details ,finance was approved on 14 Sept and on the 18th him and this other guy picked up the car after signing the paperwork , all this was for the other guy who with the help of the salesman took out 7 day insurance one road tax and drove off with the car ,my son cannot drive.In oct 2015 he gave my son £500 towards first payment of £503 ,then nothing !! After 6 months and clocking over 10,000 miles he gave car back to my son , payments are outstanding so we asked for aVt we have been told we need to pay £15k plus car by 11may ,we don't have any paperwork, only log book ,we requested black horse for paperwork and they sent us page 1&5 of a 25page agreement, telling us that all they have ,why did black horse allow finance for £30k without checking if my son could pay money back ?they never sent him and paperwork for his cooling off period .we have been in touch with this othef person who scammed my son and many others ,any advice of fellow members would be appreciated, and many thanks too.

[Kati]

Re: suresh

Blackhorse car finance

Can you give us more info??

[Amethyst]

Re: Blackhorse Car Finance

Was the finance for the car £22k or £30k ? If the car cost £22k then the £30k will be the finance including the interest I'd guess.

Has your son been making any of the payments for the the 5 months of the finance ? or just that first £503?

Was your son working at the time and have a good credit record?

Was any deposit paid ?

Is the car registered by your son at his address ? Is it taxed and insured - or SORN'd ?

If you could post up the pages 1 and 5 of the agreement we'll have a better idea what's going on with the finance. VT is usually after 50% of the car is paid off, so if the finance was £30k then yes £15k at least needs to have been paid before he can hand the car back.

You might want to send a CCA request for the rest of the agreement - http://legalbeagles.info/forums/show...y-of-Agreement

[suresh]

Re: Blackhorse Car Finance

Thanks again ,current outstanding balance £30,046.32.my son only paid one payment ,he never had the car from day one ,he already asked for agreement ,was hood that's the only 2 pages they have ,he has made a formal complaint has why he never received any paperwork through post and no 14 day cooling off period ...no deposit paid ,still working and his credit rating poor ,he has very little money left ,he is always one month salary in arrears...again many thanks....

[suresh]

Re: Blackhorse Car Finance

Car is registered in my sons name at his home address ,he never took out insurance or tax has the dealer dealt with it for the other guy ,paying for it with his credit card ,he has taken a 30 insurance out on his wife name has it is parked outside on road.

[Amethyst]

Re: Blackhorse Car Finance

Thanks for the copy of the agreement. It does look like it would be enforceable, and indeed the VT is just under £15k.

Therefore I think you are looking at misselling. Credit checks should have been undertaken before the loan was agreed. Are the details of your son correct - employment etc ? His job could be affected if this did get to a CCJ.

He should have received copies of the credit agreement when he first took it out detailing the right to cancel.

I'll sort out the docs for on here.

[MENTION=71570]R0b[/MENTION]

[Amethyst]

Re: Blackhorse Car Finance

Agreement

[Amethyst]

Re: Blackhorse Car Finance

Dealers Offer

[suresh]

Re: Blackhorse Car Finance

He never received any paperwork in the post or a cooling off period ,he his very about his job ,especially where he works that's why he is afraid to take the matter to police ,am sure the right checks we not taken his take home pay is only £1000-1100 per month also his wife only works part time and they have a 3yr old child...thank you very much for your feedback...

[suresh]

Re: Blackhorse Car Finance

Thank you for your feedback ,I would like to know on a car hire purchase agreement can the person lease out the car to somebody else,the salesman already new my son couldn't drive and the other person was going to drive off in the car ,many thanks again

[R0b]

Re: Blackhorse Car Finance

I'll take a look at this tomorrow and get back to you. First things that spring to mind is the irresponsible lending and actions of the this person at bury motors which blackhorse should be liable for as they have a relationship with them and are the intermediary. Its probably all set out in the CONC handbook but not entirely sure of the relevant sections. Possible breaches of unfair practices too

[suresh]

Re: Blackhorse Car Finance

Thank you so much rob ....I have read on another forum it says that a hire purchase agreement is for the person signing papers ,so the sales man at bury motors new this so why did he tax and insurance on his credit car so the other person could drive off in ,I know my son has been scammed !! The salesman no longer works at bury motors when I enquired the other day ...again thank you all....

[suresh]

Re: Blackhorse Car Finance

Thankyou..Just been reading on another forum someone in similar situation,lending the car to someone is leasing the car to someone else ,even if they didn't pay for the privilage and regardless of insurance ,so why would a car salesman who has just made my son fill in paperwork, take out tax and insurance on his bank card and hand the keys to someone else ,surely this must be mis selling car finance .

[suresh]

Re: Blackhorse Car Finance

Hi still need advice !!, just rang black horse finance and was enquiring about a HP loan for £20k car on provisional licence ,I was told due to the high amount,and the type of car Audi A6 I would very unlikely get this loan passed.l later rang a car showroom enquiring about a similar car on HP ,no deposit and was told black horse would agree finance without a deposit and on a provisional licence,and it would be OK for someone to drive the car on my behalf ,please need some urgent help on this matter....again thank you .

[R0b]

Re: Blackhorse Car Finance

Hi Suresh,

Apologies for the delay in responding. I am still looking through the FCA Handbooks for the specific references but your first port of call I think will be to make an official complaint to Blackhorse. You could complain to the Dealer but ultimate it is the dealer who is acting as a credit broker for Blackhorse and I would say that Blackhorse is ultimately responsible for the actions of their credit brokers.

Need to set out the circumstances and give a timeline/history of what has happened including the fact that no agreement had been signed by your son so it had been done fraudulently to which he is not liable. Their credit broker pushed the finance through which had been done by a salesperson who knew the third party that would be using it and so there was no information given to your son at all (possibly the specs of the car, costs etc?). All in all the vehicle is still here and you expect the agreement to be nullified and the vehicle collected.

In terms of allowing the vehicle to be used by someone else, that is new to me because I have seen before that the HP agreements stipulate that only the person named on the agreement can use it and anyone else would require permission at least from the lender or they are not allowed and would be a breach of the terms. this is where the mis-selling could be argued, no pre-contract information provided and so you should have the right to terminate the agreement.

It would be reasonable to say that the person taking out the HP agreement would be expected to have a full UK driving licence and the checks conducted should have identified that. There is also irresponsible lending too which Blakchorse should have picked up on, if the credit score was poor they should not have allowed to borrow such an expensive vehicle.

If you can have a stab at writing something I will try to take a look at it and add my comments - I still need to review the terms that have been posted above. Will try to do that this evening for you