Black Horse VT

[nashy9]

Hi everyone,

I am new to the forum. I am going to voluntary terminate my agreement with Blackhorse as this has now become the best option for me in my current situation. Could I please use the template to send to Blackhorse as the link is not working.

Thanks in advance.

[krisdevlin83]

R0b


Mail has arrived today and still nothing from BH. There hasn't even been a phone call or email from them. I'm reluctant to phone as I struggle to keep my cool when speaking to these people. Where do I stand now as my letter stated I needed to hear from them today?? Can I just now proceed to drop car at auction site and await there response??*

[R0b]

I would suggest giving them the rest of today and wait until tomorrow just in case there's a last minute response or call.

What do you want to do now, are you going to claim repudiatory breach? You won't be able to simply drop it off at the car auction, unless they have explicitly agreed to do so. You could send them notice to collect or you'll dispose of it yourself and take any costs incurred but that depends on your appetite.

[krisdevlin83]

R0b*I really don't know what to do now as rather confused. Why can't I just drop car off at auction? They gave me 2 choices, either pay £75 for collection or drop off myself. Would I not be able to claim repudiatory breach if I have dropped off the car??* Or can I not drop off as they haven't accepted VT?? Help appreciated.

[R0b]

The option to return the car was part of the documentation that was sent to you. Could it be implied that by returning the car to the auction site yet not send the signed paperwork gave an implied acceptance to their terms? Not an impossible argument to make. Doing something in accordance with the letter might create an inference that you agreed to their conditions and in a legal dispute you always want to avoid ambiguity or the possibility of there being one, even if you don't think there is one; always better to be safe than sorry.

It is entirely up to you if you want to deliver the car to the auction site before you claim termination by repudiatory breach and it may very well be the case that all is well for now, but if the matter ended up in court then don't be surprised that your actions or conduct could be used against you.

I'm not your legal advisor but I am merely giving you some indicators based on experience and what I've read on these forums. You are more than welcome to completely ignore what I have to say because it's your dispute, not mine.

Once you've given notice of termination for repudiatory breach, you can then confirm with BH that the car should be delivered to the auction site, assuming you are still happy to drop it off.
*

[krisdevlin83]

R0b*Totally understand what you are saying just new to this and trying to get my head round it all. I assumed because I had sent letter of termination I could then return car wether they accepted or not as I am well within my rights to terminate. In all honesty I just want car returned and them to accept VT and a line to be drawn in the sand with finance closed. I'm guessing that's what we all want at the end of the day.*

I really appreciate all your help and support you have given me as couldn't have don't it without the advice and templates on this site. I really don't want a court case as I said I just want it all to be over. I think I'm going to send off repudiatory breach template tomorrow and return car tomorrow and hope and pray there is no repucussions.

Again, any advice or support is greatly welcomed and appreciated.

[pt2537]

R0bTotally understand what you are saying just new to this and trying to get my head round it all. I assumed because I had sent letter of termination I could then return car wether they accepted or not as I am well within my rights to terminate. In all honesty I just want car returned and them to accept VT and a line to be drawn in the sand with finance closed. I'm guessing that's what we all want at the end of the day.

I really appreciate all your help and support you have given me as couldn't have don't it without the advice and templates on this site. I really don't want a court case as I said I just want it all to be over. I think I'm going to send off repudiatory breach template tomorrow and return car tomorrow and hope and pray there is no repucussions.

Again, any advice or support is greatly welcomed and appreciated.

Make sure you have a number of date / time stamped photos of the car before you hand it over so they cannot try and say it was damaged etc

[krisdevlin83]

Thanks pt2537*I had car valeted today and took a number of date stamped photos. Hopefully photos are good enough quality one uploaded onto my PC. Thanks*

[krisdevlin83]

R0b*

Hi ROb i have drafted together a letter I am going to send to BH today. I would appreciate if you could have a quick look over it to see if it sounds ok. It is almost a carbon copy of the template that you sent me earlier in this post. Thanks.



Dear Sir or Madam,*


On the 31st of January 2020, I sent a letter via special delivery with Royal Mail, which was signed for and accepted by Black Horse on Saturday the 1st of February. The content of this letter contained the following:


“On 20th of January 2020, I wrote to you to say that I was exercising my right under Section 99(1) of the Consumer Credit Act 1974 to terminate the hire purchase agreement. Following this notice, I received a call from one of your customer service advisors on 28th January 2020 at 16:18, informing me that my termination letter is rejected, on the basis that I did not provide a physical signature on the letter.


I was puzzled by the advisor’s statement because Section 99(1) of the Act says that I have a right to terminate the agreement and, in order to do so, I needed to give notice in writing; there is nothing in that provision that says the notice requires a physical signature or any kind of signature for that matter. Nevertheless, I did print my name at the end of the letter and according to the Law Commission, a letter that is signed by electronically printing one’s name is capable of in law as being recognised as a signature.


I explained this to the advisor and all she did was talk over me and not let me put my point across. She stated that the agreement will not be terminated until I sign and send your paperwork back.


I have looked into this further with respect to the legal position and your refusal to accept my termination letter, whilst imposing new termination conditions not required under the Act, has deprived me of my right to terminate the agreement, and to rely on my statutory rights by limiting liability to one half of the total price. Your conduct in my view amounts to a repudiatory breach of contract. Indeed, the recent case Sanderson Limited v Simtom Food Products Limited [2019] EWHC 442 (TCC) confirmed that a party who refuses to perform unless the innocent party complies with conditions not required by the contract is in repudiatory breach.


I will allow until Wednesday 5th of February 2020 for Black Horse to confirm that my notice of termination is accepted and effective from Tuesday 21st of January, otherwise I will be informing you that the agreement will be terminated for repudiatory breach and I will consider seeking compensation as a result.

With regards to collection of the vehicle, I am more than happy to deliver to the auction site. I will be in contact with the auction site to arrange delivery of the vehicle. May I remind you that once the vehicle has been dropped off I will cancel the remaining tax and insurance and notify the DVLA that you are the registered keeper.”


I have still not received any communication from Black Horse. In light of these circumstances, this letter serves as notice to you that I accept your repudiatory breach and treat the agreement as terminated effective immediately, discharging all further obligations. I am considering seeking compensation resulting from the breach, however, I am willing to draw a line in sand and not seek compensation provided that you agree to close my account with no further action.

I can confirm the car has now been delivered to BCA auction site in Glasgow, V5 has been signed over to Black Horse LTD and any future direct debits have now been cancelled.
*

[R0b]

Will have a look later, but didn't you already send them a similar letter or did you hold back on that?

[krisdevlin83]

R0b


*Yes the letter I sent the other day I have quoted in this draft. I thought it was worth mentioning as they hadn't responded to that letter. Not clear on the post but it's in quotation marks. Only really first paragraph and last two that have been added. Maybe not required and this is where I could do with your advice on what to send. Feeling a little bit out my depth and find it strange have had no communication with BH.*

[krisdevlin83]

R0b*i have amended letter and kept it short and sweet and to the point. I dropped the car off at the auction site where the guy did not even look at it he just gave me a receipt and told me to keep it safe as proof it had been dropped off. BH paperwork states i have to send back section B within 5 days of dropping car off. I really want to get this letter sent today so they have it by Monday. Hopefully this reads bit better than my last effort.


On the 31st of January 2020, I sent a letter via special delivery with Royal Mail, which was signed for and accepted by Black Horse on Saturday the 1st of February. The content of this letter explained that I was allowing until Wednesday 5th of February 2020 for Black Horse to confirm that my notice of termination is accepted and effective from Tuesday 21st of January, otherwise I would be informing you that the agreement will be terminated for repudiatory breach and I will consider seeking compensation as a result.


I have still not received any communication from Black Horse. In light of these circumstances, this letter serves as notice to you that I accept your repudiatory breach and treat the agreement as terminated effective immediately, discharging all further obligations. I am considering seeking compensation resulting from the breach, however, I am willing to draw a line in the sand and not seek compensation provided that you agree to close my account with no further action.

I can confirm the car has now been delivered to BCA auction site in Glasgow, V5 has been signed over to Black Horse LTD and any future direct debits have now been cancelled.
*

[R0b]

Look fine to me, make sure to go recorded delivery

[nashy9]

Hi everyone I have received a letter from Blackhorse after sending my letter saying that i wanted to voluntary terminated the vehicle, i used the template from here. They have came back with a letter however a few things on there concern me.

It doesnt mention 'voluntary termination it just states 'termination'. I am also seeing a paragraph which states in it 'Please contact us in the next 30 days to either settle the agreement or make a reasonable arrangement to clear your remaining liability. If you do not contact us to make a payment or are unable to maintain agreed payment plan we may pass your agreement to a third party firm who will take ownership of the outstanding debt and will make contact with you regarding payment'.

Can someone please help me with this, what should I do? My reason for VT of the vehicle is that my financial situation has changed and I dont want to fall behind with payments.*

Thanks,

Josh.
*

[nashy9]

Hi everyone I have received a letter from Blackhorse after sending my letter saying that i wanted to voluntary terminated the vehicle, i used the template from here. They have came back with a letter however a few things on there concern me.

It doesnt mention 'voluntary termination it just states 'termination'. I am also seeing a paragraph which states in it 'Please contact us in the next 30 days to either settle the agreement or make a reasonable arrangement to clear your remaining liability. If you do not contact us to make a payment or are unable to maintain agreed payment plan we may pass your agreement to a third party firm who will take ownership of the outstanding debt and will make contact with you regarding payment'.

Can someone please help me with this, what should I do? My reason for VT of the vehicle is that my financial situation has changed and I dont want to fall behind with payments.

Thanks,

Josh.

Can anybody help? Do I actually need to complete section A + B or can I just call blackhorse and make them aware of where I have delivered the vehicle to? Any help really appreciated, I am looking to deliver the vehicle this Sunday 23rd.

Thanks.