Taking Black Horse to court - any advice?

chalkie99

OrdinaryManintheSt wrote: »

What would you do if you paid off a loan and the company still marked your credit file adversely?

You haven't paid off the loan though have you?

You terminated it part way through so your file would be marked as such anyway.

OrdinaryManintheSt

antrobus wrote: »

I'm scratching my head over the above. I quite understand this VT thing, but what I don't understand is why someone who wanted to VT a car on HP would go and abandon it at some car dealers or other. I'd guess that the OP didn't select Evans Halshaw at random out of the Yellow Pages and that they were the dealers who actually sold him the car in the first place, but I still don't understand why anyone would think that would be an appropriate place to abandon the car unless they'd already been instructed to take it their by the HP company.

But I do understand how the actions of, a) abandoning the car, and b) refusing to complete VT form, would have put a spanner in the works of the finely tuned bureaucracy of Black Horse Finance, so I'm not surprised that these actions resulted in a certain amount of confusion at Black Horse which caused the OP some vexation. Although in the circumstances whatever detriment the OP has suffered does appear to be self inflicted.

But what I really don't understand is why somebody would decide to sue somebody else, as in court proceedings will be initiated in five days time, when they haven't yet worked out the legal basis for suing them in the first place.

Is there some back story here that I don't know about?

The legal basis for suing them is Section 13.6 of the Banking Code says that they will not pass on information to credit reference agencies if the account is in dispute (which it has been since June 2011). They ignored this Section which is why they have upheld my complaint, but they didn't act on it to prevent more problems for me later. If there is no debt then they cannot adversely mark your credit report as you owe them nothing.

As far as leaving the vehicle with Evans Halshaw, they sold the car and arranged the finance with BH. Black Horse collected the vehicle from Evans Halshaw and I'm sure they have done this many times throughout the country.

OrdinaryManintheSt

chalkie99 wrote: »

You haven't paid off the loan though have you?

You terminated it part way through so your file would be marked as such anyway.

I owe them nothing - that means they cannot mark my credit file in any way. The fact that somebody voluntarily terminates a HP agreement does not mean that they can adversely mark my credit file.

Also, if you were to pay off a loan early would you expect this to appear on your credit file as having missed a payment? I don't think you would?

OrdinaryManintheSt

nelly12 wrote: »

Have you never made a human error?

Take the fees waived etc and forget about it. You won't win in the long run and no one will ever care if you try and cause a stink. Too smaller an issue in the grand scheme of things. Have you no PPi to reclaim to keep you busy on something worthwhile?

BH made at least 2,300 'human errors' in the last 6 months of 2010..

Perhaps you should reclaim some PPi yourself, rather than being negative? I've taken note of the many useful comments here, and I'm grateful for them.

Most people think they won't win and nobody cares! This is why most people just give up,lol!:rotfl:

opinions4u

The legal basis for suing them is Section 13.6 of the Banking Code

Which Act of Parliament is that then?

It's not a legal basis at all becasue it's not the law of the land.

Deal with the FOS. Not solicitors and courts.

BoGoF

It's true what the say.....a little knowledge is a dangerous thing....the banking code is law now is it.

ILW

VT can be shown on a credit file, generally only the lenders within the motor trade take much account of it as they do tend to lose money when it happens.

antrobus

opinions4u wrote: »

It';s not even called the Banking Code anymore

Superseded by the Lending Code in 2009. As far as I can see there are only 11 sections to the Lending Code, hence there is no section 13.6.

OrdinaryManintheSt

BoGoF wrote: »

It's true what the say.....a little knowledge is a dangerous thing....the banking code is law now is it.

It doesn't matter what the correct point of law is at this stage as this is going to the FOS first,as advised by members of this forum.

Solicitors are very good at finding the correct part of the law when instigating court proceedings,

chanz4

Good luck you will need it, its cases like yours which stop the genuine cases been seen by the fos.