Black Horse problem,please advise...

lychpole

Hi,
I have two credit agrements with Black Horse taken out September and October 2008 on motorbikes.I lost my job in December and have defaulted on both,minimum payument offers of £1 have been refused and on one of the bikes Black Horse have started proceeings against me.I was advised by CCCS to sell one of them to pay of mortgage arrears so I called BH to ask them if I could sell one of them and they said yes,they were treated as personal loans and I could do what I liked.I advised my mortgage company what I was doing and they seemed happy,I am still waiting to sell it.It has become evident today that BH are now looking to take court proceedings on the 2nd bike and are going for a 'levy of goods order' on both where they can get a court order to reposess them ! I was initially informed by BH that the only thing they would do was put both bikes as a charge on my property which I was happy with as it meant I would be able to keep one of them,they seem to have turned things around today without telling me ? Can they do this on a credit agreement,as I mentioned I cannot find any mention of them being on HP and they told me 100% they are treated as personal loans.Infact they told me that a charge on my property converts a unsucered loan (which I thought I have) into a secured loan.I treid for an hour today on 5 seperate occasions to spaek to BH cs but gave up after an hour,great eh !

Tony

Rafter

Tony,

Suggest you communicate with BH in writing so you have everything clearly set out.

A lender is entitled to try and collect on their loans and that could include asking you to sell your assets or use bailiffs to take them by force.

Unfortunately you will only be able to keep your bike if you can start paying bh what you owe.

Sounds like you are doing the right thing, sell one bike. Use the proceeds to clear the arrears on both your loans, then try to get a job so you can keep up payments on the balance.

R.

Treacle1983

Ok firstly it is a creditors responsibility to do all they can to keep your account from going to court etc... the fact that they have turned down a payment offer and started proceedings goes against this.

Go and see CAB and get them to work out an income and expenditure sheet with you - just to double check that you can only afford a pound. If so then black horse can't really refuse.

Also check out if you took out their ppi insurance - I did and when I was sick for 3 months I was covered for after the first 30 days - and all done over the phone etc... you could be covered on that for redundancy/job loss.

LinasPilibaitisisbatman

Treacle1983 wrote: »

Ok firstly it is a creditors responsibility to do all they can to keep your account from going to court etc... the fact that they have turned down a payment offer and started proceedings goes against this.

Go and see CAB and get them to work out an income and expenditure sheet with you - just to double check that you can only afford a pound. If so then black horse can't really refuse.

Also check out if you took out their ppi insurance - I did and when I was sick for 3 months I was covered for after the first 30 days - and all done over the phone etc... you could be covered on that for redundancy/job loss.

Bull

If the OP hadnt sold a bike I might agree, however, having sold an asset the loans were used to purchase I dont think its unreasonable for BH to have expected a significant payment from the OP and given his behaviour is it any wonder they are seeking to secure it as he seems to have cashed in the loans with no intention of paying them what was owed.

lychpole

Thanks for the replies,
I tried again to get through to BH just after 9 this morning,gave up after 10 minutes.I went back to CCCS who I am dealing with,Halifax mortgage recommended them from day 1 of my dilema.CCCS said these are personal loans and therefore the goods are not bound like a HP agrement.I was told they can only be reposesed if it is a HP agrement which they are not.Lady said they are probably using scare tactics again and they would not be taking me to court a HP agrement,they would simply cease the goods back.I sent an admission of the money owed to the court yesterday.As my JSA was stopped last week (run out of entitlement) my income in my name is just CHB and child tax credits totaling £122 per month.Out of that after I pay for food,phone,fuel and braodband I have £4 left.I am hoping the judge will accept my £1 offer untill such time I am able to pay more.I wrote a letter of complaint to BH last night.I told them my mortgage lender are more sympathetic to my situation and how I felt they were being heavy handed and hasty and resorting to scare tactics.Yes I have a income/outgoing report which CCCs compiled with me,all my creditors have a copy and I also sent one to the court.Still got a interview tomorrow,is there any end to this ?

T

LinasPilibaitisisbatman

lychpole wrote: »

Thanks for the replies,
I tried again to get through to BH just after 9 this morning,gave up after 10 minutes.I went back to CCCS who I am dealing with,Halifax mortgage recommended them from day 1 of my dilema.CCCS said these are personal loans and therefore the goods are not bound like a HP agrement.I was told they can only be reposesed if it is a HP agrement which they are not.Lady said they are probably using scare tactics again and they would not be taking me to court a HP agrement,they would simply cease the goods back.I sent an admission of the money owed to the court yesterday.As my JSA was stopped last week (run out of entitlement) my income in my name is just CHB and child tax credits totaling £122 per month.Out of that after I pay for food,phone,fuel and braodband I have £4 left.I am hoping the judge will accept my £1 offer untill such time I am able to pay more.I wrote a letter of complaint to BH last night.I told them my mortgage lender are more sympathetic to my situation and how I felt they were being heavy handed and hasty and resorting to scare tactics.Yes I have a income/outgoing report which CCCs compiled with me,all my creditors have a copy and I also sent one to the court.Still got a interview tomorrow,is there any end to this ?

T

Well if you sold bikes paid for by Blackhorse and paid your mortgage arrears then no wonder they are happy.

lychpole

LinasPilibaitisisbatman wrote: »

Bull

If the OP hadnt sold a bike I might agree, however, having sold an asset the loans were used to purchase I dont think its unreasonable for BH to have expected a significant payment from the OP and given his behaviour is it any wonder they are seeking to secure it as he seems to have cashed in the loans with no intention of paying them what was owed.

Why do you think I have no intention of paying what I owe ? Do you think I like default notices/CCjs etc,think about it ! I was advised to sell a bike to pay my number 1 priority= mortgage.How exactly do I fund a significant payment on JSA and a partner on low income with a family to feed ? And finally what is my behaviour exactly ? I have kept my creditors FULLY updated on my situation from day 1.
Sorry but dont judge unless you know the facts

nobblyned

LinasPilibaitisisbatman wrote: »

Well if you sold bikes paid for by Blackhorse and paid your mortgage arrears then no wonder they are happy.

If the BH finance are personal loans as the OP says then they are unsecured and the OP can do what he likes with the bikes. If it's not an HP arrangement then BH can only look to claim goods (not only or necessarily the bikes) after going through court and obtaining a CCJ.

Make sure you are certain though, if they are an HP arrangement the BH can potentially look to take the bikes.

FWIW OP I think you are doing the right thing by looking out for the mortgage first.