VT with black horse

[R0b]

So if I were you, I would be making a subject access request to Blackhorse and requesting all information they hold about you, plus a specific request for copies of the telephone calls made to you by the Complaints Department (and any other relevant ones) where they are telling you that they are outright refusing to process your VT unless you accept liability. You can find example subject access request templates on the link below.


In the meantime, I would also send a letter/email to their Complaints Department and tell them that following a phone call from their department confirming that they will not process the VT without you admitting liability and the the threat of affecting your credit file, you assume that this is their final response. In which case they need to put that in writing so that you can take your complaint further to the Financial Ombudsman. Give them a deadline of 7 days and if they don't get back to you then you should contact the Ombudsman directly and tell them that Blackhorse have failed to give you their final response in writing. They should take over the matter and follow it up with them which I should expect them to reply fairly swiftly.

Also in your letter/email, you should make reference to the failure to collect the car despite putting them on notice of your intention to sell under the Torts (Interference with Goods) Act 1977. If there is still time to collect then you should remind them of when that period of time will expire or if it has already lapsed then you could tell them that and you will now proceed to selling the car. That is of course if you want to go down that route.

Thank you for all the help and information. The letter has now been posted.....will wait and see.

I don't know if car auctions refuse to sell cars that have finance, it's the usual buyer beware caveat isn't it? Even still, the Section 12(6) of the Torts IGA 1977 states the following:

"A sale duly made under this section gives a good title to the purchaser as against the bailor."

I can't see any reason why a car auction site would refuse to sell the car assuming you can evidence that notice was given under this Act and in this case, Blackhorse have refused to do anything about it.

[rspiston]

Thank you Rob. I will write a letter to the complaints dept. and send it off tomorrow. I haven't told them about the MOT running out on the 20th June. Do you think this would be appropriate to include within the letter to the complaints dept.?

[R0b]

Thank you Rob. I will write a letter to the complaints dept. and send it off tomorrow. I haven't told them about the MOT running out on the 20th June. Do you think this would be appropriate to include within the letter to the complaints dept.?

Yes I would inform them so that they are on notice of the MOT expiry in case they argue that they were never informed.

[Chipsybg]

rspistondo you have any update from Black Horse?
Which address did you send the complaint letter to?
They received mine on the 12th and I haven't heard from them since.
I'm in the same position as you - they're arguing an extra warranty I purchased, same wording and contract template as yours.
Thanks

[rspiston]

Hi

The last letter I sent them was a week ago now. I gave them 7 days to write back to me as to whether them not accepting my VT unless I accept liability of the insurance costs was their final response.

They have not contacted me so I will be calling the financial ombudsman and see what they say.

This is the address for customer complaints and I will update you tomorrow.

Customer Complaints

Black Horse Finance

St Williams House

Cardiff

CF10 5BH

[Chipsybg]

Hey guys, I received an official default notice after them completely ignoring my complaints and letters.
Should I complain to the ombudsman or just go ahead and sell the car to an auction?
I server the letter on the 18th of May and now is June 29th....
R0b any input would be greatly appreciated!

[rspiston]

Just an update -

I spoke to the Financial Ombudsman and explained my situation. I was told that They cannot proceed with my case until the finance company issue a final response, but they have eight weeks to produce this from the date of my first complaint to them. I have to wait another month before the FO can look into it. All the FO can do for now is to contact the finance company and tell them they have eight weeks to send me a final response. The FO did say that certain conditions in the finance agreement regarding the GAP insurances can stop the Voluntary termination from processing which confused me. I quoted a paragraph from Section 99 as Rob put above

"at any time before the final payment by the debtor ... falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement."

even with this they said depends on how the agreement was laid out? They didn't go into too much detail as this particular person said that car finance was her speciality.!!?? Will wait it out a month and see what the car finance people say. Finance people sent also sent out a letter saying i've now missed a monthly payment and in arrears.

[R0b]

Sorry but the person at the FOS must be on another planet. I have no idea how the layout of the finance agreement affects your right to terminate the agreement under section 99 - chattIng our of her backside.

Where in section 99 does it say that the right to terminate can be stopped or halted or dependent on some other condition. The HP agreement is governed by the CCA not the other way around.

This is is why the FOS are so bad at their decisions and if this person specialises in finance agreements, god knows what those average joes are like.

To be clear and as highlighted in section 99, you have the right to terminate at any time by giving notice. No ifs, no buts, nothing.

[rspiston]

Hello

thanks again. I will give them another call and hopefully speak to someone else this time. Regarding the MOT (now out of date) and any damage that may occur to the vehicle due it just sitting on my drive doing nothing i.e brakes seizing etc, do you think i could be held accountable for this? If the finance company picked the car up when i first sent the VT letter then the car would be fine. Not sure how it would go now?

Many thanks

[R0b]

pt2537 can you help rspiston? I think he is after some legal advice on this one.

[mtol]

rspiston Hey, any update in regards to the gap insurance? i'm in a similar bind

[Chipsybg]

I'm in a similar bind as well.
I just talked to a debt advisor from citizen's advice.
We drafted a complaint to the financial ombudsman, but I haven't got my hopes up yet.
In the meantime, Black Horse has put two late payments on my credit report and referred my alleged "debt" to a debt collector.
Is there any legal ground for a class action suit or something like that?
Seems that way too many people are complaining about the same thing.

[rspiston]

Hi sorry for the delay.

i received a final response from the finance company and they are not upholding my complaint. So i sent a letter to the FO - still waiting for a response.

Will update with any news.

[rspiston]

So the FO contacted me just to say it will take up to twelve weeks to hear back from them regarding my complaint.so will sit tight for now. In the meantime black horse have passed my "debt" on to a debt collector who have just sent me a letter saying they will visit me visit me in one week. Talk about dragging on!!

[Celebrations]

Hi there. I am trying to advise my daughter who is thinking about VT her HP with BH. They sent her a letter also stating that although she will not owe anymore on her vehicle (provided it is in reasonable condition on return), she will have to pay 757.00 for a warranty that is not included in the VT calculation. It is laid out on BH paperwork exactly the same as yours, under one agreement number and they take one payment every month for both the vehicle repayment and the warranty. I have argued with BH on the telephone about this and quoted the CCA 1974, but they still insist that she needs to pay this amount for the warranty. So i am waiting with baited breath to see how you get on with the FO, as we haven't sent anything in yet or decided exactly how we are going to proceed. Certainly my daughter doesn't have that kind of money since her breakup with her partner and as accrued other debts also.
Good luck with this! Kind regards.