Black Horse Hire Purchase Agreement - Please Help

530man

goodstarttonewyear wrote: »

has your "friend" not got the insurance details to prove he was insured ? , also if they did a roadside check on the vehicle they would know if it was insure by yourself anyway

if it came up as not being insure that is why they would seize it ,

i think your friend has some explaining to do

I am currently in the process of obtaining the proof of insurance off my friend but the police have confirmed that they have carried out a check on the vehicle and it was insured at the time for me and my wife to drive the car. As it turns out, the driver at the time was insured via a motor trade policy on that car. My friend had taken the car to a body shop to have it repaired and an employee was transporting the car when it was seized. he was insured and proved with to the police with 7 days.

elementelement

530man wrote: »

I am currently in the process of obtaining the proof of insurance off my friend but the police have confirmed that they have carried out a check on the vehicle and it was insured at the time for me and my wife to drive the car. As it turns out, the driver at the time was insured via a motor trade policy on that car. My friend had taken the car to a body shop to have it repaired and an employee was transporting the car when it was seized. he was insured and proved with to the police with 7 days.

this is were it becomes a grey area under RTA legislation.

just to check i got the story right so far, you leant the car to your friend for the day (who was insured to drive it) so he/she could put it into a bodyshop on your behalf?

whilst the car was being repaired the technician took the car out and during this was stopped by police?

if the above is right so far legaly the technician is only insured if he was roadtesting the vechile, if it was a body repair only he would have no need to do this.
If he has taken your car onto the road for any other reason (getn chips, lunch etc..) then yes he is technicaly uninsured as he does not have a legitimie reason and the owners permission (you) to do so.

now the police when checking your vechile should have contacted you if they were in doubt of the drivers claim (as the driver would have claimed to be roadtesting the vechile [ if he had half abrain, looks like he did !!transportation!!]). The police have deemed the driver to be uninsured and towed the vechile.

For you, first off fire in a police complaint regarding the procedures of the police officer explaining the outcome and effect of it. (will help your case) get proof of insurance from friend. This will either come down to error of police part or an error on the technician part which both are out of your control thus giving you a good case in court for damages.

now the above advise is based on the above scenario, if for some reason some of the facts are wrong and things were done without your knowledge then it;s a different kettl of fish all together and your friend will end up in the crap

hope thats bit of help for you.

530man

elementelement wrote: »

this is were it becomes a grey area under RTA legislation.

just to check i got the story right so far, you leant the car to your friend for the day (who was insured to drive it) so he/she could put it into a bodyshop on your behalf?

whilst the car was being repaired the technician took the car out and during this was stopped by police?

if the above is right so far legaly the technician is only insured if he was roadtesting the vechile, if it was a body repair only he would have no need to do this.
If he has taken your car onto the road for any other reason (getn chips, lunch etc..) then yes he is technicaly uninsured as he does not have a legitimie reason and the owners permission (you) to do so.

now the police when checking your vechile should have contacted you if they were in doubt of the drivers claim (as the driver would have claimed to be roadtesting the vechile [ if he had half abrain, looks like he did !!transportation!!]). The police have deemed the driver to be uninsured and towed the vechile.

For you, first off fire in a police complaint regarding the procedures of the police officer explaining the outcome and effect of it. (will help your case) get proof of insurance from friend. This will either come down to error of police part or an error on the technician part which both are out of your control thus giving you a good case in court for damages.

now the above advise is based on the above scenario, if for some reason some of the facts are wrong and things were done without your knowledge then it;s a different kettl of fish all together and your friend will end up in the crap

hope thats bit of help for you.

Thanks for the advice. The bottom line is that the driver at the time WAS insured to drive the vehicle as he proved it by producing valid proof of insurance to the police within 7 days of the car being seized. No further action was taken against the driver. The police have claimed that the officer spoke to me, directly, on my mobile when he had stopped the car and I apparently told him that I had hired the car out to 'my cousin'. The police then went on to inform Black Horse of this. The only thing is............ The police officer has NEVER spoken to me about this nor have i ever told him I had hired the vehicle out. I found out from my friend that the car had been seized and when i went to collect it, the company refused to release the car as Black Horse had told them not to. I left numerous messages for the police officer to call me but he never did. I am currently questionning the actions of the police officer and will complain to the IPCC if required.

elementelement

530man wrote: »

Thanks for the advice. The bottom line is that the driver at the time WAS insured to drive the vehicle as he proved it by producing valid proof of insurance to the police within 7 days of the car being seized. No further action was taken against the driver. The police have claimed that the officer spoke to me, directly, on my mobile when he had stopped the car and I apparently told him that I had hired the car out to 'my cousin'. The police then went on to inform Black Horse of this. The only thing is............ The police officer has NEVER spoken to me about this nor have i ever told him I had hired the vehicle out. I found out from my friend that the car had been seized and when i went to collect it, the company refused to release the car as Black Horse had told them not to. I left numerous messages for the police officer to call me but he never did. I am currently questionning the actions of the police officer and will complain to the IPCC if required.

well, if i was you,

speak to your provider and get an itemised bill (both home and mobile) sent out to you covering the time frame of when the officer was supposed to have spoke to you + & - few days.

then phone the on duty inspector at the particular police station and inform him you wish to make a police complaint about the integrity of one of their officers and his handling of the incident.

They are duty bound to speak to you regarding this incident and investigate (they are not bound to proceed with investigation but have to look into it).

produce a COPY of the i.bill and explain that you never spoke to anyone as claimed. the repricutions of this incident, and your intention to go to court and call the officer as witness.

speak to the mechanic, confirm whether he can verify if the officer used his mobile phone. also you brother stating that you never once indicated that you leased the car (indicate no money involved)

these steps will help (alot) if you decide to go to court. It shows that a no time did you "lease" your vechile (which is the whole case by black horse) and that at no time did you speak to the officer and make the claimed statement.

This shows that you have made all efforts to resolve this issue, and if you do end up in civil court ( i would) probabilty of proof will lie with you as they have to prove you leased the car and knew you did it (officer's call) if you can prove no call existed, it cast serious doubt on their claim and the case will fall apart (practicly guarnted)

[this comment is based on your views of the incident and the statement reflects this]

bottom line speak to a no win no fee lawyer and seek proper legal advice

ILW

The issue with the lease company could be that the policy your friend was driving on only covered him for 3rd party. If this was the case I believe this would be in breach of the finance companies conditions.