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Hi to one and all,
Was a past member in a former life, but have moved on and decided to re-join the forum. Have found and used the information provided by the staff and other users in the past and it paid off, to which I am forever grateful.
Please read this in full I’m sorry it’s so long but its the only way I can explain the full story....
Anyway the reason for this post in June 2004 my now partner (she was a very good friend at the time) brought a car from a garage in our home City. This turned out to be finance with Black Horse Finance. My partner however was lead to believe while purchasing the vehicle in question that it was HPI and not finance she was going to have to which the garage assured her it was. Anyway sometime later in 2009 she had some difficultly in paying this loan which resulted in Black Horse making an attachment order. This was done with success and she has since October 2009 the attachment. This is paid directly from her pay and thus taken and paid by the company she works for pay roll department. When me and my partner first got together she left not only her former partner of 20 years but also left her house which she owned with said former partner. A week after moving in with me the house was repossessed and when this happened her ex took more or less all of her belongings. This included the documents for the loan on her car so she has no paperwork or any reference to either the attachment or the original loan. The car was recently taken ill the news is that its terminal when the garage reported back to us that at the very least the car would require a new engine. The car is a Renault Clio 2003 and as it will be 10 years old next year, and after working out the cost involved we decided it may be better to look for another car. This involved either selling the current one as spares or even trading it. As a matter of habit my first port of call was to check to see if there was anything outstanding on the car, and after doing this check I found that there was some outstanding finance on it. That weekend while having a clear out we came across some of the original paperwork which had been supplied by garage at the time of purchase. This not only gave us the date the car was brought but also who else had an interest in the car. This stated as we thought that it was indeed Black Horse Finance, so with this new information which had also help to jog my partners memory and not having g herd anything from Black Horse for nearly 2 years, despite them having the attachment of earnings being in place.
I felt that it was high time we contacted them to tell them of her address change and to try and attain how much she actually owed on the car and also see if they could help with the paperwork she was missing. I first did this by drafting a letter for her in which I tried as best as I could to give as much information as possible in the hope that this may help them to tie things up there end. This was sent off to the address on there website and after 14 working days had passed nothing arrived not even an acknowledgement that they might be looking into it for her.
So I thought that as I have in the past I thought that we may need to take a different approach with them, so I again drafted a letter explaining what I had in the first but also requesting a copy of the Consumer Credit Agreement and any other information that they thought maybe of use this would include the paperwork regarding there application to the courts for the attachment to earnings. I included a £1 postal order this time sending it to there complaints department using the address on there website this was sent a few days ago and with the coming bank holidays they have until the 11th of June to reply. In the mean time my partner has managed to get some information from her pay roll department at work regarding the attachment and its balance. This is on there records as being £9,000! My first reaction was that under the Green paint the car must be actually made of GOLD! They where also able to provide her with a reference number, I am at present trying to use this to try and track down to which court the attachment to earnings was made. In the hope there may also be a paperwork trail there to.
Now I may have a suspicious mind but after we moved to our present location she received out of the blue at least 2 text from claims company’s which stated that she was owed £3,500 and that this was for a miss sold PPI now you might think I’m jumping to conclusions here, but it seems rather odd that despite us giving Black Horse all the information we have and that the first letter was sent in the middle of April. That they are not so keen or quick to respond to our request or even acknowledge the fact they have received any contact from us. It all seems a little odd to me when added to the £9000 balance. I’m starting to feel that while the attachment was made and obviously successful, that the amount they where claiming for and the order its self may not be 100% legal. If this is the case there is a good chance that Black Horse will also know this and that this could also be the reason why they are not so keen to write back. The other could be that they are not so keen by the fact that there was indeed a miss sold PPI on the account and another reason they are plainly ignoring our letters.
Now my quandary
If Black Horse still feels like they do not want to reply by the 11th of June and keeping in mind we do not have any sort of a reference number regarding either the account for the car or a up to date/valid balance for any outstanding amount still owing for the car. Would it then be worth if I am able to find the court the payments are made to. And go down the set aside order route with the court in the hope that this then gets Black Horses attention and hopefully some movement. If however this is not an option worth considering then could someone please point me in the right direction of what we can/could do next please feel free.
Many Thanks,
AJ
Was a past member in a former life, but have moved on and decided to re-join the forum. Have found and used the information provided by the staff and other users in the past and it paid off, to which I am forever grateful.
Please read this in full I’m sorry it’s so long but its the only way I can explain the full story....
Anyway the reason for this post in June 2004 my now partner (she was a very good friend at the time) brought a car from a garage in our home City. This turned out to be finance with Black Horse Finance. My partner however was lead to believe while purchasing the vehicle in question that it was HPI and not finance she was going to have to which the garage assured her it was. Anyway sometime later in 2009 she had some difficultly in paying this loan which resulted in Black Horse making an attachment order. This was done with success and she has since October 2009 the attachment. This is paid directly from her pay and thus taken and paid by the company she works for pay roll department. When me and my partner first got together she left not only her former partner of 20 years but also left her house which she owned with said former partner. A week after moving in with me the house was repossessed and when this happened her ex took more or less all of her belongings. This included the documents for the loan on her car so she has no paperwork or any reference to either the attachment or the original loan. The car was recently taken ill the news is that its terminal when the garage reported back to us that at the very least the car would require a new engine. The car is a Renault Clio 2003 and as it will be 10 years old next year, and after working out the cost involved we decided it may be better to look for another car. This involved either selling the current one as spares or even trading it. As a matter of habit my first port of call was to check to see if there was anything outstanding on the car, and after doing this check I found that there was some outstanding finance on it. That weekend while having a clear out we came across some of the original paperwork which had been supplied by garage at the time of purchase. This not only gave us the date the car was brought but also who else had an interest in the car. This stated as we thought that it was indeed Black Horse Finance, so with this new information which had also help to jog my partners memory and not having g herd anything from Black Horse for nearly 2 years, despite them having the attachment of earnings being in place.
I felt that it was high time we contacted them to tell them of her address change and to try and attain how much she actually owed on the car and also see if they could help with the paperwork she was missing. I first did this by drafting a letter for her in which I tried as best as I could to give as much information as possible in the hope that this may help them to tie things up there end. This was sent off to the address on there website and after 14 working days had passed nothing arrived not even an acknowledgement that they might be looking into it for her.
So I thought that as I have in the past I thought that we may need to take a different approach with them, so I again drafted a letter explaining what I had in the first but also requesting a copy of the Consumer Credit Agreement and any other information that they thought maybe of use this would include the paperwork regarding there application to the courts for the attachment to earnings. I included a £1 postal order this time sending it to there complaints department using the address on there website this was sent a few days ago and with the coming bank holidays they have until the 11th of June to reply. In the mean time my partner has managed to get some information from her pay roll department at work regarding the attachment and its balance. This is on there records as being £9,000! My first reaction was that under the Green paint the car must be actually made of GOLD! They where also able to provide her with a reference number, I am at present trying to use this to try and track down to which court the attachment to earnings was made. In the hope there may also be a paperwork trail there to.
Now I may have a suspicious mind but after we moved to our present location she received out of the blue at least 2 text from claims company’s which stated that she was owed £3,500 and that this was for a miss sold PPI now you might think I’m jumping to conclusions here, but it seems rather odd that despite us giving Black Horse all the information we have and that the first letter was sent in the middle of April. That they are not so keen or quick to respond to our request or even acknowledge the fact they have received any contact from us. It all seems a little odd to me when added to the £9000 balance. I’m starting to feel that while the attachment was made and obviously successful, that the amount they where claiming for and the order its self may not be 100% legal. If this is the case there is a good chance that Black Horse will also know this and that this could also be the reason why they are not so keen to write back. The other could be that they are not so keen by the fact that there was indeed a miss sold PPI on the account and another reason they are plainly ignoring our letters.
Now my quandary
If Black Horse still feels like they do not want to reply by the 11th of June and keeping in mind we do not have any sort of a reference number regarding either the account for the car or a up to date/valid balance for any outstanding amount still owing for the car. Would it then be worth if I am able to find the court the payments are made to. And go down the set aside order route with the court in the hope that this then gets Black Horses attention and hopefully some movement. If however this is not an option worth considering then could someone please point me in the right direction of what we can/could do next please feel free.
Many Thanks,
AJ
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