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Hello,
I have just joined Legal Beagles as I am looking for advice regarding reposession of my car by Black Horse Finance and subsequent County Court Claim.
In 2004 I bought a Range Rover and financed it on belhalf of my limited company while giving a personal guarantee.
The recession caused me to default on payments. The car was suddenly collected by some bailiffs who manhandled my wife in the process, causing her to twist her knee.
The original loan was for £18,000 and I have paid £18,700.
The County Court Claim is for nearly £6,000 being the interest on the loan, about £1200 worth of collection/admin charges plus about £600 for the bailiff, less £1100 that the car was sold for at auction.
The car was worth about £6,000.
Black Horse's solicitors SCM have made a County Court Claim for £5,800 stating that the loan agreement was NOT REGULATED.
I have unsigned copies of the Loan Agreement plus an unsigned copy of the Indemnity that I undertook enclosed with a letter from Black Horse, all three dated 16th February 2004.
I do not have a signed copy of the agreement, however I have another Indemnity document dated 13th Februay 2004 which is signed by me. This version is a NON REGULATED INDEMNITY. I expect the solictors have a signed version of a NON REGULATED LOAN AGREEMENT.
Can I rely on the unsigned copy documents sent to me by Black Horse in order to prove that the loan was REGULATED?
Can I claim that it should have been in any event, as the value of the loan was below £25,000?
Hope that's clear and that someone can advise me.
Regards
GREG
I have just joined Legal Beagles as I am looking for advice regarding reposession of my car by Black Horse Finance and subsequent County Court Claim.
In 2004 I bought a Range Rover and financed it on belhalf of my limited company while giving a personal guarantee.
The recession caused me to default on payments. The car was suddenly collected by some bailiffs who manhandled my wife in the process, causing her to twist her knee.
The original loan was for £18,000 and I have paid £18,700.
The County Court Claim is for nearly £6,000 being the interest on the loan, about £1200 worth of collection/admin charges plus about £600 for the bailiff, less £1100 that the car was sold for at auction.
The car was worth about £6,000.
Black Horse's solicitors SCM have made a County Court Claim for £5,800 stating that the loan agreement was NOT REGULATED.
I have unsigned copies of the Loan Agreement plus an unsigned copy of the Indemnity that I undertook enclosed with a letter from Black Horse, all three dated 16th February 2004.
I do not have a signed copy of the agreement, however I have another Indemnity document dated 13th Februay 2004 which is signed by me. This version is a NON REGULATED INDEMNITY. I expect the solictors have a signed version of a NON REGULATED LOAN AGREEMENT.
Can I rely on the unsigned copy documents sent to me by Black Horse in order to prove that the loan was REGULATED?
Can I claim that it should have been in any event, as the value of the loan was below £25,000?
Hope that's clear and that someone can advise me.
Regards
GREG
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