Taking Black Horse to court - any advice?

aimingforadebtfreelife

I had an issue with Barclaycard / Capquest over incorrect data on my credit file which affected a mortgage application. Initially I was well hacked off and complained to the Information Commissioners Office who control the handling of data on credit files. A swift call and a couple of emails resolved the matter direct with Capquest. The ICO after 4 months wrote to say they uphold the complaint but they believe it was genuine error and would take no further action. I could have pursued the matter for compensation as I lost out on a mortgage deal which was pulled by the time this matter got resolved. But I thought...... do I want the stress, time, effort of fighting a major company. It got resolved so I moved on. Rather than constantly chase them like a bulldog I would rather spend time with my family as life is too short.

Could this have been resolved by a simple call at the outset?

A call to BH to say I want to VT, how do I go about it? Where do I leave the car? It sounds like you dictated to them how they should work/pick up the car. It will cost them money to pick up at the dealership...... think about it.

chalkie99

aimingforadebtfreelife wrote: »

Could this have been resolved by a simple call at the outset?

A call to BH to say I want to VT, how do I go about it? Where do I leave the car? It sounds like you dictated to them how they should work/pick up the car.

Exactly right. The OP created his own problems.

~Brock~

Nothing worse than a petulant consumer. They should be marked accordingly so firms can avoid dealing with them. It would make life much easier for the rest of us :rotfl:

TakingControl

I really don't understand what issue you had with completing a VT form?

My VT went as follows -
1. I wrote to the finance company that I would like to do a VT under the consumer credit agreement as outlined in my HP agreement with them as I paid the minimum sum required to do so
2. They wrote me back asking to complete a form and send a cheque for £75 for admin fees
3. I then received a letter advising to take the car back to the dealer I bought it from and do a inspection (I had it professionally cleaned just to be on the save side)
4. The dealer did an inspecition of condition of the car and gave me a letter stating all is ok
5. the finance company collected said car at the dealer
6. I had no adverse entry on my credit file and the account is in status Settled and will drop off soon

If doing a VT one should go around the right way and confirm all in writing before handing the car back

OrdinaryManintheSt

chanz4 wrote: »

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

I have as much right to use the FOS as anyone else here and I have already referred this case to them. My case is genuine too.

OrdinaryManintheSt

TakingControl wrote: »

I really don't understand what issue you had with completing a VT form?

My VT went as follows -
1. I wrote to the finance company that I would like to do a VT under the consumer credit agreement as outlined in my HP agreement with them as I paid the minimum sum required to do so
2. They wrote me back asking to complete a form and send a cheque for £75 for admin fees
3. I then received a letter advising to take the car back to the dealer I bought it from and do a inspection (I had it professionally cleaned just to be on the save side)
4. The dealer did an inspecition of condition of the car and gave me a letter stating all is ok
5. the finance company collected said car at the dealer
6. I had no adverse entry on my credit file and the account is in status Settled and will drop off soon

If doing a VT one should go around the right way and confirm all in writing before handing the car back

......which begs the question "Is the payment of the £75 'administration fee' the only way to keep your credit rating intact?
That seems to be the case here, which is surely wrong.

It was decided that the banks overdraft fees were too high at £35, and I suspect that this fee should fall into the same category.

OrdinaryManintheSt

As an update, this has now been referred to the FOS as BH failed to send me their final decision until after the required 8 week period.

BH sent me their final decision a few days after I got the FOS involved and have now offered me some compensation but say that I didn't query the original figure that they said I owed them. I have queried this figure twice by recorded delivery letter, and they replied to one of those letters so I know they have it.

I also now know that the vehicle was sold at auction 5 days before they marked my credit file adversely. That's a little bit careless in my opinion.....

opinions4u

OrdinaryManintheSt wrote: »

It was decided that the banks overdraft fees were too high at £35

I think you missed the outcome of the court case.

Banks win Supreme Court case on overdraft charges

Mark_Spade

I would just go for small claims - you may win but it it wont be a big deal if you dont - you got nowt to lose and it costs them more not to just pay up a few quid for your perceived loses.

But just do it - Dont bother getting embroiled with the professional plonkers on an Internet Forum things dont get done that way!!

the_insider

Mark_Spade wrote: »

I would just go for small claims - you may win but it it wont be a big deal if you dont - you got nowt to lose and it costs them more not to just pay up a few quid for your perceived loses.

But just do it - Dont bother getting embroiled with the professional plonkers on an Internet Forum things dont get done that way!!

Have you read the OPs latest update? He went to FOS and received compensation for the error. The courts are very unlikely to do anything more really.