Blackhorse Finance - reposession court order - HELP PLEASE!

bobbieg

Please can someone give me a bit of help with this one, I've had an ongoing saga with Blackhorse after buying a car from a dealer who used Blackhorse to finance it for me. I'll try to cut story short, i cancelled my PPi and reclaimed what i'd paid, Then i got made redundent in November last year so i couldn't afford to make repayments on the car. Blackhorse have gone ahead and got a court order which i have recieved this morning stating that i am to pass the car back to them by today and pay them £335 costs.
Some facts:

- The copy of the agreement they used to send to the court has the wrong house number on it. It does however have my signature on it and i'm unsure as to whether it may have had the wrong house number on it to start with. Would this affect the HP agreement as they have effectively financed a car to me at an address i have never lived at.

- I have paid more than the amount needed for them to reposess, which is why they have got a court order.

- I have been in touch with them last year to claim back their unfair charges which they added to my account when i fell behind on repayments, to which i never recieved a reply.

- I moved house end of Sept last year and wrote Blackhorse a letter informing them of my new address. However the first i knew of the court date was a letter from their solicitors at my new address enclosing witness statement and exhibits. The copy of the default notice & notice of termination they sent has been sent to my old address and after i had informed them that i had moved. I never recieved any notification from the courts about this case.

What is my best course of action as the letter says they need to recieve the car by today and obviously i need to phone them and speak to them but i dont know what i should say so as not to put myself in it. I still want to be able to claim the charges back / off of what i owe. I still owe them £7000 and the car would be worth about £2k.

bobbieg

Sorry i should have said that what i have recieved from the court is a judgement for delivery of goods.

Shouldn't i have recieved something before the court date though to at least have given me a change to make a defence or even turn up? The witness statement the solicitors have entered gives the option of repayments but the judge seems to have ignored it and ordered the car back is this because i wasn't there to ask for repayments?

someone please help me this is really urgent

stressedgirl_2

Hi bobbieg

I just posting to bump this up for you.

and also to offer some moral support. I can't be any help I'm afraid, you could maybe pm a CCCS counsellor to see if they can advise - might take a day to get a reply.

Or you could try a free half hour consultation with a solicitor?

Good luck x

10past6

bobbieg wrote: »

Some facts:

The copy of the default notice & notice of termination they sent has been sent to my old address and after i had informed them that i had moved. I never recieved any notification from the courts about this case.

Can you scan & PM me both the default notice & termination letter, I need to make sure they comply with the correct legislation.

You need to apply to the court to have this judgement set aside, on the basis the claimant has used an incorrect address whilst issuing the claim against you.

(Some creditors deliberately use an incorrect address in order to obtain judgement by default :rolleyes: :mad:)

GeorgeUK

bobbieg, can't answer that for you but would strongly advise posting this on the consumeractiongroup forum under legal issues.

They don't always reply as quickly as this board but they have heaps of legal knowledge overe there that may be able to assist.

http://www.consumeractiongroup.co.uk/forum/legal-issues/

uknovaman

10past6 wrote: »

Can you scan & PM me both the default notice & termination letter, I need to make sure they comply with the correct legislation.

You need to apply to the court to have this judgement set aside, on the basis the claimant has used an incorrect address whilst issuing the claim against you.

(Some creditors deliberately use an incorrect address in order to obtain judgement by default :rolleyes: :mad:)

Definately do this,
I was a repossession agent( I know, open the flood gates of abuse!!) for years, if they turn up and spot the car they will take it whatever/wherever it is, keys or not.Please ensure the car IS NOT at your address for a while, if they come round, you can play dumb, not answer the door etc. They cannot take what isn't there, also they cannot, or used not to, take anything else as the debt is secured on the car. If a private bailiff turns up, they have no authority, or didn't have, it may have changed, to enter your property to uplift goods.Talk to them through the door or closed window.
If you have anywhere to keep the car then store it somewhere else. It will be much harder to get the car back once it's gone, but it is possible.

HTH

RobertoMoir

uknovaman wrote: »

Definately do this,
I was a repossession agent( I know, open the flood gates of abuse!!) for years, if they turn up and spot the car they will take it whatever/wherever it is, keys or not.Please ensure the car IS NOT at your address for a while, if they come round, you can play dumb, not answer the door etc. They cannot take what isn't there, also they cannot, or used not to, take anything else as the debt is secured on the car. If a private bailiff turns up, they have no authority, or didn't have, it may have changed, to enter your property to uplift goods.Talk to them through the door or closed window.
If you have anywhere to keep the car then store it somewhere else. It will be much harder to get the car back once it's gone, but it is possible.

HTH

Good advice imho. Regardless of legalities, why not just avoid stress by hiding things like this in the first place.

They've been quite kind to me as a former bailiff here uknovaman, so I'm sure you'll be welcome too. A few poachers turned gamekeeper (or is it the other way around) are always useful ;-)

bobbieg

Hi there, thanks everyone for replying.
I will copy this post to consumer action group and see if anyone there can help.
Yesterday i phoned Blackhorse's solicitors and was informed that i need to apply to the court for a suspension of a warrant / variation of order form, this is what i have done. I have also infoirmed Blackhorse that i would be returning this form to the court with an offer of payment. However, obviously i'd like to get rid of CCJ which is clearly incorrectly issued.

10past6 - my scanner is playing up, i'll PM you ASAP. Thanks for offering to help.

stumpjumper120

unfortunately blackhorse may not have received your letter with change of address.
if you had had received the court papers would it have made a difference to you? did you not contact blackhorse and make an offer of payment?
finance is based on ability and intent to pay. whilst u/e your ability is in question but to offer nothing shows you have no intent also.
if you werent receiving any corre from the fin co did that not seem strange?
no letters/demands should have sparked a query from you.
if you were u/e since Nov 08 are you 7 months in arrears?
if so then there must come a time that you will lose the car.
sorry, but the bottom line is that it is your responsibility to seek out your creditors and make offers of payment or accept that you will lose the car.