Is there any really impartial advice?

rog2

I am self employed. Four years ago, my business was looking really healthy. I need a car for my work, as my customers are spread nationally. I had always bought my cars outright, but in 2003 I purchased my first car on finance, with finance agreed through Black Horse. Although I paid the agreed amount regularly, for the first 2 years, I noticed warning signs, in my business, in May 2005, and was unable to meet my obligations. I contacted Black Horse, to see if there were any options, such as 'payment holiday' or giving back the car. Unfortunately, because of amount of finance, they tell me that the finance was unregulated (not really made clear to me at time of purchase). They did propose that I pay a reduced sum, for three months, and that they would review. Whilst I paid the reduced sum, and any other money that I had available, I was continually harrassed, by phone calls, contradicting letters. Contact numbers given were high rate 0780 numbers. I received conflicting advice, which seemed to depend on whether the Edinburgh call centre (quite helpful) or the Cardiff call centre (very negative and unfriendly) answered.
I was approx £2,000 in arrears and, although I was trying to pay these I had no immediate answers. In the end, these continual phone calls, usually just as I was about to eat, were wearing me, and my wife down.
One morning (feb.06), when I was at my work, my wife received a phone call, from a collection agency (with only a mobile number contact) stating that he was coming to collect the car. Even though I was away, he continued (3 times in the space of an hour) to call my wife. When my wife was able to contact me, I rang the mobile number and was told that he had been instructed, by Black Horse, to repossess the vehicle. Although I had not received the required notification, with payment option, I had, by now, had enough andagreed that he could come and take back the car. When he arrived, he walked into the unit next to mine, announcing that he had come to repossess my vehicle (my neighbour's unit, as mine, was clearly marked) and this caused, whether intentional or not, great embarrassment.
The receipt he gave me had a different reg. no to my car ( not noticed until he had gone). All in all, not very proffessional, but at least I thought that this was the end of things.
I heard nothing, until yesterday, when I received a letter from Black Horse, stating that there is a shortfall, of approx £1,700.00, which I must pay, or they will inform the credit rating agencies (they have already put black marks against me from last year).
There is no real explanation, or detailed breakdown, of the required amount, and I do not feel (even if I could afford it) inclined to pay without full breakdown. Am I entitled to ask for this?
Black Horse, themselves, have a website where they sell cars, and I have seen several cars, similar in model, mileage and age, for sale on this site, at prices higher than the outstinding amount on my account. Do they not have a duty to raise the best price?
Up to now, all advice I have received appears to be from people who want to lend me money, at high rates of interest, secured against my house.
Please help.

tawnyowls

You're definitely entitled to ask for a detailed breakdown and the price at which the car was finally sold for.

If you want impartial advice on any aspect of debt, the agencies recommended on here are the CCCS, Payplan, International Debtline and the CAB. They will probably be able to advise you on action you should take against Black Horse as well, as it sounds like what you've suffered has been illegal harassment. At the very least, threat of such action might make them treat you more reasonably.

If you'd like more help, then posting a statement of affairs, as I'm sure you've seen in many posts, will get you lots of help from people on here to help you cut down and to manage your debts.

beanielou

Yes , you can & should ask for a full breakdown.
Good luck

rog2

Many thanks for both replies. I will be talking to CCCS on Monday. In meantime, I am writing to Black Horse, asking for full breakdown. Is there any stautory charge for this, and can I put a time limit for a reply?

MCBIRNIE25

Hi Rog 2, if you want to be guaranteed a response, you can send them 10 quid and request details of all charges, a full breakdown, and all other information, they then have to provide this under the DPA, if you go down this route I would also send recorded delivery.

rog2

Thanks for advice - I have sent, recorded, request to BLACK HORSE. I understand, from DPA, that they have up to 40 days in which to send me the information. Can anyone advise if I can insist that they put any further action on hold until I receive this info? I have asked them in my letter.

rog2

No reply, as yet, from Black Horse.
However, I did receive a notice of intention to prosecute for a speeding offence (66 mph in 30 mph zone). Whilst the police accept that I am no longer the registered keeper of the vehicle, they have asked me to confirm details of who I sold the vehicle to. Since the vehicle was repossessed, I have no idea who currently owns the vehicle.
I did ask the man who collected the car to sign the V5 form - which he was, initially reluctant to do. Eventually, he did sign it on behalf of Black Horse Recovery, and I sent my part to DVLA. Should I enter Black Horse as the owners, and will they, thn be obliged to inform the police of the current owner? Could Black Horse be at fault for not informing DVLA - I don't think they will get much sympathy.

rog2

Sorry - I still need your advice. I took previous advice and wrote (registered) to Black Horse, requesting full breakdown and details of all information (DPA) and also included £10 P.O.. I have heard nothing from Black Horse, but today I received a letter from Nationwide Collection Services Ltd. stating that Black Horse has referred the agreement to them, for collection, and demanding immediate payment.
Can they do this? What is my legal position, considering that I am still waiting for the information that I requested from BH?
Just a side note though - it is an interesting coincidence? that the letter was sent in the same type of brown envelope that BH use in their correspondence, with the same printed return address - PO Box 2020, Doncaster DN55 1DL. Is this, therefore, BH own in-house collection agency?
Any advice truly appreciated.

MrsTinks

Sorry can't answer all your questions but as for the DVLA details I would advise them that the V5 was sent with the details to the DVLA, the last known owner to your knowledge is Black Horse XXXXX as the vehicle was repossessed on x date. If you write this as a letter to the police station or where ever and make sure you send it recorded and keep the slip until you hear from them that you are no longer required to produce other information then you should be ok about that

I haven't been able to locate anything about Nationwide Collection Services Ltd. sorry

rog2

Thanks - I have already written to police regarding the speeding tkt, with copies of the 'receipt' - I don't think that that should be too much of a problem.
My real question is regarding the passing of the alleged debt to the debt collection agency by Black Horse, without having had the common decency of replying to my request for a breakdown of the amount. Neither have they informed me that the debt would be handed to a collection agency. Can they do this?

rog2

I do not wish to be a pain in the rear end - I have received excellent advice via this post, and have tried to act on it:
I sent a recorded delivery letter to BH, requesting full breakdown - even enclosed PO for £10 for info under DPA.
I have, so far, received NO REPLY from BH - not even an acknowledgement of receipt. I understand that they can take up to 40 days to disclose info under DPA, but should I not reasonably expect to have received a breakdow of costs by now.
All I have received, as detailed in my last post, was a letter from Nationwide Collection Services. This has been followed, yesterday, by a second letter, from NWC, stating that since I have failed to respond to their first letter, they are now considering further action.
I have written a letter of complaint to BH, stating that I feel that it is unfair to be harrassed by a DCA, when as far as I am concerned, I have expressed my feeling that the debt appears to be excessive and that I may wish to dispute it, which I can not do until I know exactly how it is made up. As BH have not had the courtesy to reply to my original letter, I am not optimistic about a reply to my letter of today.
I also checked up on Nationwide Collection Services Ltd. They are registered at Companies House as a Dormant Company. This further leads me to believe that they are part of BH.
Should I write to Nationwide Recovery Ltd.? I am worried that by doing so I would be implicitly accepting the BH debt.
Can the Financial Ombudsman be of any help?
This whole affair may sound petty, but I can assure you it is getting me down. There has been no upturn in my business and I have not taken any draw for at least the last six months.
With bank, Inland Revenue and other charges rising daily, I am now being forced to consider the option of bankruptcy.
Had I been able to foresee this situation, three years ago, I would NEVER have committed myself to a four year unregulated (although not fully explained either by BH or Car Supplier) finance package.
I asked BH for help as soon as I saw problems arriving, but feel completely let down - I am tempted to think that BH enjoy watching their customers struggle.
Once again, I apologise but I needed to get this off of my chest. If you have any advice please let me know. Thanks.